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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9116852n LJ City of Fort Collins Date: 11/15/2011 Vendor: 479201 HEATH CONSTRUCTION FO DRAWER H FORT COLLINS Colorado 80522 PURCHASE ORDER I PO Number I Page 9116852 .' � of z This number must appear on all invoices, packing slips and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS Colorado 80524-2 Delivery Date: 11/15/2011 Buyer: . JOHN STEPHEN Note: Line Description QuantityUOM Unit Price Extended Ordered Price- 1 Construction - main remodel 1 LOT. LS 2,620;200.00 PER TERMS AND CONDITIONS OF BID 7287 AND AGREEMENT DATED OCTOBER 31, 2011 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Total $2,620,20600 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 0 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local Taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fna Collins. Inspection. GOODS are subject to the City of Fort Collins inspection an arrival. Page 2 of 2 11. NONWAIVER. Failure of Purthaza to insist upon strict performance of the terms and conditions heroof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance Of Or payment for grads hereunder or approval of the design, shall nut release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance bacofor any of its tights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms haeof. 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 part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amit ust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fen home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order the Seller hereby mi s to the Purchaser an an d a II c I ' h Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not he accepted.a Shipment Distance. When mmdactuters have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permre its. Seller shall procual sellers sale cost all necessary permits, cenificates and licenses required by all applicable laws. regulations, ordinances and Tales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by mferertce. Any additional or different terns 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 ofthe essence. Delivery and performance must be efficamdwithin the tirnc stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchases shall have, in addition in other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable fro damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond is reasonable control and without its fault of negligence, such acts ofGrd, acts ofeivil or military authorities, governmental priorities, fires, stokes, need, epidemics, wars ore riots provided that notice of the conditions causing such delay is given to the Purchaswithin 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 fro the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sclldrs breach ofwarmnty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime as may be prescribed by law or by the terms of any applicable warrant' provided by the Seller offer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), mulling from imperfect or defective work done or materials furnished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, bra such liability shall in no event include loss ofprofiss or low of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. s The Purchaser may make changes to legal tamby written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than Icgal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any sucher change affects the amount due or the time of pformance hereunder, ern equitable adjustment shall be made. 6. TERMINATIONS.e The Purchasmay at any time by written change order, terminate this agreement as to any or all portions of the gads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted portion ofthe galls and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Sella with open to any goods which an the Sellers standard stock. No well termination shall relieve the Purchaser- or the Seller of any of their obligations as to any goods delivered handmaid. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjnstmmnt must be asserted within thirty (30) days from the date the change or termination is added. 8. COMPLIANCE WITH LAW. The Seller warrants rnts that all goods sold hereunder shall have barn produced, sold, delivered and famished 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 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 the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfe r, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Sella wmrams full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in pafm erance of this agreement, free and clear of any and all liens, restrictions, resen-ations, security interest ennce cumbras aad claims of otrs he. m go y ars n may now Ave or hcocafta acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchases directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thercafta indicates its mobility or unwillingness to comply, the Purchasa may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Scllcr shall release the Purchase, and its contractors of any tier from all liability and claims of any nature mulling from the perfomtance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be decreed 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 design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fro infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pumhasa for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or 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 part is enjoined, the Scllcr shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it w it becomes noninfrfnging. 15. INSOLVENCY. If the Sella shall become insolvent err bankrupt, make an assignment for the benefit of creditors, appoint a mmiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. ' The definitions of terns used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Scllcrs Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllet's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or creation by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment win bring furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bencfim, 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 ofthe scale in which the work is to be done. The Sella shall also can, comprehensive genecel liability including, but not limited to. counaaual and amomobilc public liability insumnee with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit pu accident of $400.000. The Seller shall likewise require his connectors, 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 Sella shall finnish the Purebasa with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall 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. PROTECT ON AGAINST ACCIDENTS AND DAMAGES. The Seller hacby assumes the entire responsibility and liability for any and all damage, last or injary of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase codes or in connection herewith. The Seller will indemnify and hold hams less the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages. charges or expenses, whether direct or indirecl, and whether to persons or property, to which the Purchaser may be put or subject by reason of any act action, neglect. omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors oRicas, agents or employees. In ease any suit or otha proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchase or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Sella will at once cause the same to be dissolved and discharged by giving band or otherwise. The Sella and his contractors shall take all safety precautions, furnish and install all guards necessary fro the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010