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HomeMy WebLinkAbout500101 ZEIGLER CONSTRUCTION - PURCHASE ORDER - 9122232City of Fort Collins Date: 04/18/2012 Vendor: 500101 ZEIGLER CONSTRUCTION PO BOX 371 BELLVUE Colorado 80512 PURCHASE ORDER PO Number Page 9122232 1 of 2 This number must appear_ on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 04/18/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Avery House 1 LOT LS 80,495.00 Re -roof - Remove and replace the cedar shingles with Class B fire -rated cedar shingles. Tuck point the three chimneys and a portion of the turret. Per terms and conditions of Bid 7360 and agreement dated April 4, 2012. Total ' $80,495.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins. CO 80522-0580--"— - Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins - --Accounting-Department------ - -- PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. ' Tax cxcmptimhs. By statute the City of Fog Collins is exempt from state and Incal taxes. Our Exempt inn Number is 11. NONWAIVER. 95-64502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered With the Collector of Failure of the Purchaser In insist upon strict performance of the terms and conditions hereof, failure, m delay to Interior; Revenue. Denver, Colorado (Ref. Colorado Revised Slatums 1973. Chapter?9-?6. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the eccnh of A breach. the acceptance Ofor payment for goods hereunder or approval ofthc design. shall not release the Scllcr of Goods Rejected. GOODS REJECTED due m failure in meet specificatons, either when shipped or due to defects of Any Of the warranties or obligations Of this purchase order and shall no: be deemed a waiver of any right of the damage in transit may be returned to you for credit and arc not to be replaced except upon reecipt of orinen purchaser in insist upon strict perforance herenfor any of its rights or remedies as m any such goods, regardless instructions from the City of Fen Collins. of when shipped, received or acmpled. Aa to any prior an subsequent ddnell hCrennder, nor shall any purposed net[ modification or rescission of this purchase order by the Purchaser operate A . Waivcr of Anv Of the tams Inspection. GOODS arc subject to the City of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. How•a'cr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, Overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Ruchaser. Theretofore, for good cause and as consideration for excelling this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fog Collins. 700 Wood St.. Fon Collins, CO 90522. unless acquired under federal or state Antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice Additional charges for packing will ant be accepted. Shipment Distance. Where menuGerrers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments me made from greater distance. Pearl Seller shall Practice at sellers sole cost all necessary permits. cimifwtcs and licenses required by all applicable laws, regulations, ordinances and rules of the State, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of render. Scllcr further agrees to hold the City of Fan Collins harmless from and Against all liability, and loss incurred by them by reason of an asserted or established violation of any such haws, teemlatimu, ordinances, roles and requirements. Aulhorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions Stated herein set forth and any supplementary or addaimmi terms and conditions annexed hereto or incorporated herein by reference. Any additional or different term and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents Attached heart.. No acts of the Purchasers including. without limitation, acceptance ofpmdal ],arc deliveries}shall operate as a waiver Of this proviSimh. In the event ofnny delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option Mplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall nor he liable for damages as a result of delays due to causes not reasonably faracezblc which arc beyond its reasonable eonanl and without its fault ofnegligence. such acts of God, acts ofeivil or military authorities. governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received km sedge thereof. In the event of any Such delay, the date of delivery shall be extended for the period equal to the time actually lass by reason of the delay. 3. WARRANT)'. The Seller wmraat, that all goods, articles, matcrials and work covered by this order will COnfann with Applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standard for work of a similar nature The Seller agrees tohold the purchaser harmless from tiny loss, damage or expense which the Purchaser may suffer or incur an account of the Sellcts hrcach of warranty. The Seller shall replace. rcpAir m nmkc good, without cast to the purchaser, any defects are faults arising within one (1) year err within such longer period of time as may be prescribed by law or by the terms of any applicable aamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfecl are defective work done Or materials furnished by the Seller. Acceptance or use of goods by the Porchaser shall not constitute a waiver ofnny claim under this warranty. Except as Otherwise provided in this purchase aide,. the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the fatiguing a'am, aties or guarantees, but such liability shall in nn event include loss Of profits or loss Muse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities Originally Ordered in the specifications or dram ings, by verbal or written change order. If any such change affects the amount due or the time nfperfomtance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. - The Purchaser may at any time by written change order, terminate this Agreement as to Any or all portions of the goods then not shipped, sabjcet to any equitable Adjustment between the panics as to any work are materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which are the Sellers standard stock. No such lemrination shall relieve The Purchaser or the Scllcr of any ofthcir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days farm the date the change or temti ation is anchen. S. COMPLIANCE WITH LAW. The Sclia warrants that all goods sold hereunder shall have been produced. Sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are Subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laaas and regulations required to be. incorporated in agreements of this character are hereby incorporated bacon by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a resnit of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfa. or convey this order.- or any monies due Or m become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Performance of this agreement, frcc and clear of any and all liens resticions, reservations, security interest encumbrances and claims of ethers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Porchaser and the Seller, and the Seller thcrcaficr indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditions means available In it, and the Seller shall pay All costs associated with such work. The Seller shall release the Purchaser and its contractors Of anv tier farm all liability and claims of Any nature resulting farm the performance ofsuch nark. This release shall apply party in the event of foul] of negligence of the parreleased and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any away, because such work is performed or caused In be performed by the Pnrchascr: 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by [ever. patent. trademark or copyright, the Seller shall indemnify and save hampcas the Purchaser from any and all claims for infrinecarmt by reason of the use of uch patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cast expense Or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution are after the completion of the Work. In case said equipment. Or Any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment Or pans, replace the Same with subsiamially equal but anninfringing equipment, or modify it so it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insolvent of bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may fenhwilh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftermS used or the interpretation ofhhe agreement and the rights of all panics hereunder shall be censured under and governed by the laws ofhhe State of Colorado, USA. I The following Additional Conditions apply only in cases where the Seller is to perform walk hereunder. including the services of Scllcrs Repoe entativc(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on Said wank At Sellet's owa risk until the same is fully completed and Accepted. and shall. in case of any accident destnmtion or inhuy to the work and/or materials before Scller's Final completion and acceptance, complete the work at Scller's own expense and to the swisf limn Of the Purchase,. When materials and equipment are furnished by others for installation or erection by tic Scllcr, the yeller shall receive, unload. Story And handle same at the rile and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE The Seller Shall, at his own expense, provide for the payment of wnrkcn compensation, including Occupational disease benrras, ro its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is m be done. The Scllcr Shall Also carry comprehensive general liability including, but rem limited to, contractual And automobile public liability, iasnrznce mvrb bodily icoury and death liar its oral least S100,0I10 far any one person. S500.000 for am, one accident And property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller Shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ccnificata shall specify the date when such compensation end insurance have been provided. Such ecrtificaes-shell specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofnny kind or nature whntsncver to persons or properly caused by or resulting from the execution oftbc work provided for in this purchase order or in connection herewith. The SCIIen will indemnify and hold harmless the Purchaser and Any or all of the Purchasers officers. agents and employees from and against any and All claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or proper to which the Purchaser may be pot or subject by reason of any act. action. neglect, omission are default on the pan of the Seller. any of his contractors, are any of the Sellers err contractors officers, agents or employers. In Me any suit Or Other proceedings shall be brought against the Porchaser, or its affects. agents or employees at any time an Account or by reason of any act, action, neglect. omission Or default of rube Seller of any of his contractors or any of its or their officers, agents at employees as aforesaid, the Seller bueby agrees to assume the defense thereof And to defend the same At the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its Or their Officers. agent, or employees in such Ani6 or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, Or said parties in or as a rcSo1l Of Such suits err other proceedings. the Seller will at once cause the Same to be dissolved and discharged by giving bond Or mher"ise. The Sell let and his contractors shall take all safety precautions, foolish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety indnding, but without limitation, the Occupational Safcty and Health An of 1970 and all rules and regulations issued pursuant thymic. Revised 03/2010