HomeMy WebLinkAbout500101 ZEIGLER CONSTRUCTION - PURCHASE ORDER - 9135628Fort Collins
Date: 04117/2014
Vendor: 500101
ZEIGLER CONSTRUCTION
PO BOX 371
BELLVUE CO 80512
PURCHASE ORDER
PO Number Page
9135628 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 10114/2013 Buyer: JOHN STEPHEN
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Waterworks Property -Overland
Change Order#1
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
1 LOT EA
7,284.85
Total
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 exemption. By statute the City of Tom Collier is exempt from state and lacer tarn. Our Exemption Number is
11. NONWAIVER.
98-05502. Federal Excise Tax Exemption Cenificne of Registry la -lifer ex region, with the Collector of
Failure of the Purchmsa in insist upon suits performance of the terms and mnditiom herself, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Standen 1973, Chapin 39-26, I is (a).
exercise my rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a
breach, the accePmncr ofm pioneer for goads harmda or approval of the design, shall act release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be domed a waiver of any right of the
damage in to mit, may be returned to you for credit and arc not to be replaced except upon receipt of written
purchaser to Unist upon inner Performance hereof or any of its rights or remedies as to any such gaol, regardless
instmctions fmm the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any perfumed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Paul Acceptance. Receipt of the merchandise, se r equipment in response to this order c: result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized paymeril on the part of the City of Fort Collie. However, it is to be understood thatFINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form summer
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in fact home by the Purchases: Theremfore forgoodcause and as consideration for executing Nis
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipment, most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or stale It., laws for such overcharges relating to the Particular grads or services
otherwise specified on this order. If permission is given to prepay freight and charge sepamtely, the original freight
purchased or acquired by Oa Purchaser pursuanuo this purcham othen
bill most se, coto.. involve. A&h...l charge, for Packing will not be accented.
Shipment Distance. Where man ficurers have distributing points in .crimes pans of thc country, shipmem is
expected fmm the famous drumbeats part m dutifmion, and execs freight will be deducted form Invoice when
shipments see made fmm greater distance.
Protons. Setter shall procure at sellers sole cost all necessary farm, remifcatn and licenses retained by all
applicable laws, regulations, coginances and mlu of the state, municipality, r niwry or political subdivision where
the work is performed, or required by any other duly constituted public authoiry having jurisdiction over the work
of vendor. Seller franc, agrees to hold the City of Fart Collins harmless from and against all limil try and lass
incurred by them by reason of an moving or established violation of any such laws, regulations, ordinances, roles
..it requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona Bde and possess full and
complete authority m bind said varies.
LIMITATION OF TERMS, This Pmcham Order expressly Itmia nerplawe to the terms and conditions stated
herein set Earth and any supplementary or additional terns and condition, annexed hereto in incorporated herein by
refrretee. Any add insicm or different seems and mndi:ion pmpaod by seller are ebjand to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediaely Hynu carnet make mmplae shipment 10 move on your
promised delivery date on noted. Time u of the nsmce. Delivery and performance most be effected wild. the time
aimed an the purchase order and the documents attached harem. No acts of the Purchasers including. without
limitation, acceptance ofp ifllal late deliveries, shall operate as a waiver ofdus provision. In the event army delay,
the Purchaser shall have, in addition to ofer legm and equitable mmorin, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall nol he liable for damages res a result of delays
due to comes not rwsonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Cod, acts ofcivil or military authorities, govcmmened priorities, farts, sines flood, epidemics, wars or
riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time aerially lost by ration ofrhe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
dawings, specifications, mmpin and/or other descriptions given, will be fit fen the Failures intended, and
Performed with the highest degree of care and competence in accordance with accepted standard for weak of a
similar nature. The Seller agree to hold the purchaser hatmlem from any loss, damage or a.,. which the
Pmchasea may suffer or incur on account of the Seller breach of wartmry. The Sella shell replace, repair or make
good, without can to the prefixes, my defects or faults arising within one (1) year or within such longer period of
time n may be prescribed by law in by de terns of my applicable wanmry provided by the Seller after the date of
acceptance of the good Famished hereunder hoMm race not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials famished by thc Seller. Acceptance or ma of good by the Taximeter shall not
consulate a waiver of my claim under this watmnry. Except as, otherwise provided In this purchase order, the Seller
liability heeunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guamones, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
J. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal corns by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m le tams, other thin legal ono, including additions to or deletions form
the quantities originally ordered of the specification or drawings, by verbal or worn change order. If any such
change affects the amount dam or le time of,aftermance hereunder, an equitable adjmsmaral shall be made.
6. TERMINATIONS.
The Purchaser may at any time by women change ado, terminate this agreement as to my or all Famous of le
goad then not shipped subject to any ignitable ndjuumrnl between the Imrties as to my work or materials then in
pmgrea provided that the Pmchmer shut not be liable for any claims for anticipated profits on the uncompkned
portion of the good mum work, for incidental or consequential damages, and that no such adjustment Ise made in
favor of the Seller with respect in any goads which an the Sellers standard mock. No such lamination shall relieve
the Purchaser or the Seller of any of their obligations as to any goads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for ndjustment must be asserted within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
Ile Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in inner
compliance with all applicable laws and regulations to which the goods ere subject. The Seller shall execute and
deliver such documents in, may be required to fleat or eviderme compliance. All laws and regulations required to b,
incorporated in a,marri ns, of this character are hereby incorporated herein by lis reference. The Sella agrees to
indemnify and hold the Purchaser Families fmm all costs and damage suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall rungs, transfer, or convey this order, or my mmdn due or to become due hcremder without the
poor written conent of the other may.
10. TITLE.
The Sella wananrs full, clear and unrestricted title to the Puchaser for all equipment, materials, and items furnished
in pmfrnimte of this agreement, free aad clear of any and all liens, resssictions, reservation, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dimes the Seller to former mmmnfoamrg or defective good by a date m be agreed upon by she
Purchaer and the Seller, and Ore Seller theren fen affairs its inability or unwillingness to comply, the Purchaser
may came she work to be partitioned by the most expeditious mesas available to it, and thc Seller shall Pay all
mesa asmrmed with such wort.
The Seller shall reline the Purchaser and its comments of any tin fmm all liability and claims of any noun,
resulting from the perfommne, of such work.
This crease shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, aware,, and employees of such patty.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any dexiga, &vice material or process covered by lamer, paint, trademark
or copyright le Seller shall indemnify and save Fa mless the Purthmer fmm any and all claims for iMnmarvent
by reamn of the use of such patented design, device, material in process in connection with the contract, and
shall indemnify the Parchon for any cast, experea or damage which it may be obliged to pay by reason of such
management at any tins among the pruecmion or after the completion of the work. In erne said equipment, or
any pan lereof or the intended see of the good, is in such suit held in comtimte infringement and the use of
said equipment or pan is enjoined, le Seller shall, at its own expense and at is option, either proarm for the
Purchaser the right to continue using mid equipment or pans, replace Ube same with substantially equal but
noninfi ngng equipment, or modify it so it becomes noninGnfi ng.
15. INSOLVENCY.
If the Seller shall become insolvent or bammpt make an assignment for the bereft of creditors, appoint a
recover or matte for any of the Sellers property or business, this order may forthwith be canceled by the
Pomhnawithout liability. ,
16. GOVERNING LAW.
The definitions oftertm used or the interyrtm unt ofthe agreement and le rights of all parties hereunder shall be
construed seeder and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cams where the Sella is to perform work hereunder,
including the service, of Sellers Repreunative(s), an thc premisesof others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said wok at Seller's own risk until the same is Early completed and accepted, aver shall,
in now of my accident destruction or injury to the work and/or materials lief Seller's final completion and
cceptance, complete the work at Seller's own expense and to the smisfaction of the Purchaser. When materials;
and equipment are fumished by others for installation or erection by the Seller, On, Seller shall receive, unlnd,
some end handle tame at he site and become responsible therefor as though such materak and/or equipment
were being Famished by thc Seller under the coder.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with He work covered by dais purchase order,
miller to their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but cat limited to, cantmmual and mourner rile Public
liability insurance with bodily injury and death limits of at least 5300,000 for any one Person, 5500,000 for my
one accident and property damage limit per accident of 5400,000. The Sella that likewise require his
contractors, Harry, to provide for such compensation and assurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall furnish the Purchaser with a carding,
thet such compenmtim and insurance have bees provided. Such certificates small specify le date when such
amalgamation and irsumnce have been provided. Such cethfiwes shall specify the date whom such compensation
and announce expires. The Sella agrees that such evmpeasation and insurance shall be maintained until after the
entire work u completed and occipital.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responmbiliry and liability for any and all damage, less a injury of any kind
or nature whaverver to persons or property, caused by or resulting tram the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
cr all a the Purchasers officers. agents and employees from and against any and all claims, looms, damages,
harges or expermms, whether direct or indirect, and whether to person or pmpeny to which the Foreman may
be put or subject by reason of any act, action, neglect, omission as default on the part of the Sella, any of his
contractors, or my of the Sellers or contractors; officers, agents or employees. In into my suit or offer
prottedrgs shall be brought against the National, or its i is ns, agents or employees at my time on account or
by reason of any an, action, neglect omission or default of the Sella of any of his contractors or my of its or
thew officers, agents or employees as aforesaid, the Sella hereby agrees in assume the defense thereof and to
defend the tame at the Sellers awn expense, to pay any and all rests, charges, anomeys fees and ofer expenses,
any and all judgments then may b i incurred by or obtaind against le Purchaser or any of is or thew officers,
upon, in employees in such suits or other pmc ro rings, and in case judgment or other lien be placed upon or
obtained amount the property ofthe Purchaser, or said parties in or n a result ofsuch suits at other prore zarip,
the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his common shell take all mfery precaution, famish and install all cads necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued pursmmt therein.
Revised 032010