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HomeMy WebLinkAbout500101 ZEIGLER CONSTRUCTION - PURCHASE ORDER - 9135628 (2)Fort Collins Date: 06/09/2014 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: 10/14/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Waterworks Property -Overland 1 LOT EA 9,492.29 Change Order#25 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, Fart Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 1. COMMERCW.DETAHS. Tax exemptions. By since the City of Fort Collins u exempt from state and local canes. Our Exemption Number is I I. NONWAIVER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry 84.600058'/ is tcginmml wire the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, C.Iwbi (Ref. Colorado Revised Scamta 1993. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance area payment for grad hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of eery of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt of writer purchaser to insist upon soict performance hereof or any units rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, an to very prior or subsequent default hereunder, nor shall any purparted 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. Final Acceptance. Receipt of the merchandise, sume 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. Howmer, it is to be understood that FMAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon compleion of all appliable reemired mr lobar procedures. violations are in fact tome by the Purchaser. Thereinto", for good came and as considemaion for executing this purchase order, the Serer hereby assigns to the Purchaser any and all claims it may now have or hereatier Freight Teton. Shipments most that F.O.B.. City of Few Collins, 700 Woad St, Pon Collie, CO 80522, unless acquired under federal or scam maddrusr laws for such overcharges relating to fie particular goods w services otherwise specified on this order. If permission is given to prepay freight and cMrge separate, the original freight purchased or acquired by the Purchaser Pursuant to this prm'hase owes. bill most moonapany reome. Addarmad charges far packing will not be xceped. Shipment Distance. Where manufacturers have contributing points in various Farm of the country, shipment is expected from the nearest distribution point to destiantiw, and excess freight will he deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permirs, certificmes and licenses required by all applicable I.., regulations, ordinances and roles fthe scam, municipality, territory or political subdorsum where the work is Performed, or required by any other duly constituted public authority having Jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an awned or atabished violation of any such laws, negotiators, indications, roles and requirements. Authorization. All parties in this contract agree that fir, representatives are, in fact, bow fide and possess full and complete authority in bind said parties. LIMITATION OF TERMS. This Poreberse Order expressly limits specifiable m the temp and conditions stated herein set forth and any supplementary or additional corms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller art objected m and hereby seeded. 2. DHI.IVF.RY. PLEASE ADVISE PURCHASING AGENT immediately Ifyou cannot make complete shipment to amve on your promised delivery date as baled. Time is Eme essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance cliental late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal anal equnable remedies, the option i f placing this order elsewhere and holding the Seller liable for damages. H vemse, fro Seller shall trot be liable fro damages w a result of delays due to causes not reasonably foreseeable which ate beyond its reassemble control and without its fault of negligence, such acts of God, rots ofrivil or military, authorities, gwermnrnal priorities, fires, strikes, toad, epidemics, wars err riots provided that ware of tee conditions proving corn delay is given to the Purehsser within five (5) days of the time when the Seller fast raeived knowbible thereof In the es'ea, of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, materials and work covered by this order will conform with applicable drawings, specificmlrse. samples find/., other, descriptions given, will be fit for the purposes intended, and Performed with tee highest degree of care and compelence in accordance with accepted sanded for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach cf warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may nd prescribed by law or by the tams ofany applicable warranty provided by the Seller after the date of acceptance of the goods Remised hereunder (acceptance not to he immeasurably delayed), resulting from imperfect or defective work done or mmmals published by the Seller. Acceptance be use of goods by the Purchaser dull or Pnstimte is waiver of any claim under his warranty. Except as omerwise provided in this purchase over, the Sellers liability hereunder shall extend to all damages proximately caused by me breach of my of the foregoing warranties or gumabaces, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal films by wnnen change order. 5. CI IANGF.S IN COMMERCIAL TERMS. The Purchaser may make any changes to the cams, other than legal teens,. including additions to or deletions from the quantities originally ordered in the sperificutions or drawings, by ventral or written change order. If any such change affects the amonat due or the time ofperfoemana hereunder, an equitable udjnstment dull be made. &TERMINATIONS. The Purelsmer may at any time by written change cause, tram a are this agreement or to any or all potions of the good then not shipped, subject to any equitable adjunment Foramen the pities as to my wink or materials then in pm,r a provided thin the Pumhascr shall nor to liable for any claims for anticipated profs oa me wlaundered Portion of the goods andor wad:, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller wire respect to eery goods which arc me Sellers standard suck. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as in any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asamed within thirty (30) days from the date the change or termiwtion is ordered. 8. COMPLIANCE WITH LAW. The Seller written, Star all goad sold hereunder sball lave ban produced, sold, delivered and famished in stater compliance with all applicable laws and regulations to which the good, are sutjea. The Seller shall execute and deliver such documents as baby he na3uired to effect or endence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold me Purchaser Formless from all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply wire such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this older, or my monies due or to become due hereander without the prior minor consent of the other party. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items f ished in Performance of this agreement, free and clear of any and all liens, restrictions, momentum, security interest ewunnCmnces and claims a f omen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its arability or unwillingness to comply. the Purchaser may cause the work m be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party reicased and shall extend to file directors, officer, and cmployces ofsuch away. The Sellers comracmal obligations, including wwmwy, shall no be deemed to be reduced, in any way, became such weak is per<oreed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is occurred to use any design, device, material or prowess covered by lever. Patent oademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged or by by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held or constitute infringement and the use of said equipment or pan is bajaiced, the Seller shall, at its own expense and at its option, either procure for the Purchaset the right to continue using said equipment or pani, ¢plane the same with subnanfally equal but abnormal, equipment or modify it so it becomes wrttdrm firl. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a mociver or trance for any of the Sellers property or business, this oeda may forthwim be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of firms used or the interprewtim i fthe agreement and the rights of ull parties hereunder shall be construed under and governed by the laws of the Slam ofColomda, USA. The following Additiorul Conditions apply only in caves where the Seller is m perform work hereunder, including the manic¢ insidious Repreuntatic a), oa doe premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry ou said work at Sellers own risk until tee same is fully completed and accepted, and shall, in case of my accident, desnucuw no injury an the work and/or materials bal Sellers f I completion and acceptance, complete fire work at Sellers own expense and 0 she sawfrclion of the PurcMur. When materials and equipment are Imn¢hed by when; fro installation be erection by the Seller, the Seller shall receive, unload nacre and hmtdle more at the site and become res,miblc therefor as though such mcatrriah an&or equipment were being furbished by no Seller under the order. IS. INSURANCE. The Seiler shall, at his awn expense, provide far the payment of workers eumpenution, including ever artimild disease benefits, to 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 to be done. The Seller shall also carry comprehensive general liability including, but not limited to, counbctwl and automobile public liability inaum ace with htlily injury and death limits of at least S300,000 for any one person, 1500,00(1 for any one accident and property damage limit Per accident of S400,000. The Seller shall likewise expire his ontrocmrs, if any, to Provide far such campenutim and lass e. Before any of the Sellers or his barometers employees shall do any work upon the premises of omers, the Seller shall furnish rite Purchaser wire a certificate wr such comlrewtion and in[aratax have been Provided _ Such curdfatez shall specify the clue when such compensation arrd insurance have been provided. Such bertificate, shall specify the date when such compensation and insurance expires. The Seller agrees that such eme,sa smion and imurwce shall be, marinaded until slier me arrive work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from 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 r all of the Purchasers officers, agent and employees from and aprinted any and all claims, losses, damages, charges or expewes, whether direct or induret, and whether to persons or property to which me Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or emotions officers, agents or employees. In cause any suit or other proceedings shall be brought against the Pumhaur, or its officers, agents or employees at any time on accuutt or by reason of any act action reglat omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees a of said, the Seller hereby agrees to assume she der thereof and m defend der, same in the Sellers own expense, to pay any and all roes, chaen s, anameys fees and other expenses, any and all judgmens that may M imam d by or obcained egaim, the Purchaser or my of is or then officers, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or emitted against the property, of the Purchaser, or said parties in or as a result of such suits or Omer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall coke all safety precautions, famish and install all grads necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bus without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulaioa issued pursuanttherem. Revised ON2010