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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9116852PURCHASE ORDER PO Number Page City Of9116852 1 of 2 `t CThis number must appear CollinsJ on all invoices, packing slips and labels. Date: 03/05/2012 Vendor: 479201 Ship To: PUBLIC LIBRARY (MAIN) HEATH CONSTRUCTION 201 PETERSON ST PO DRAWER H FORT COLLINS Colorado 80524-2 FORT COLLINS Colorado 80522 Delivery Date: 11/15/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order 1 1 LOT EA 15,544.38 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 Invoice Address: $15,544.38 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempt inns. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry R4-~5R7 is registered with the Collector of Internal Re%enne. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, eitherwhen shipped or due to defects of damage in transit may be returned to you for credit and arc not to be replaced except upon mmipl M written instructions fmm the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection On arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon .strict performance of the rams and conditions hereof, failure nr delay ro exercise any rights or remedies pmvidcd herein or by law. failure to pmniptly notify the Seller in the event Of a breach, the acceptance ofor payment for goods hereunder Or approval of the design, shall net 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 hercofar any of its rights 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 mndificmion Or rescission of this purchase order by the Purchaser Operate as a ,valuer of any of the terms hemaf. 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 be understand that FINAL Seller and the Purchaser recognize that in actual cconamic practice, overcharges resulting firma antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase under, the Seller herehy assigns to the Purchaser env and all claims it may now have or hermRer Freight Tcnos. Shipments must be F.O.B., City of Fort Collins. Will Wood St.. Fort Collins. CO R0522. unless negnircd under federal or state antitrust Incas for such overcharges relating to the particular goods or services otherwise spaeifed oa this order. If permission is given to prepay freight and charge sepamtdy, the original freight purchased m acquired by the Purchaser pursuant to this purchase Order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated withsuch work_ Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, tcnimry Or political subdivision 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 hamdcss firm and against all liability and Inca incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances. nines and requiremcrms. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Pumhaec Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposed by seller are objected to and hachy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to mroc on your promised delivery date as noted. Time is of the cser cc. Delivery and performance must be effected within the time stated on the purchase order and the documents aaached herCw. No acts of the Pmchasen including without limitation. acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event Many delay. the Purchaser sM1dl have, in addition to other legal and equitable remedies, the option nfplacing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresecabhe which arc beyond its reasonable control and without its fault of negligence. such acts of Gad. acts of civil or military authorities governmental priorities, fires, strikes. Bred, epidemics, won 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 fiat received knowledge thereof. In the event of any such delay, the date of dcl ivcry shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles. materials and work covered by this Order will confnno with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the Purposes intended, and pafomcd with the highest degree of care and competence in accentuate with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumhasar may suffer or incur on account of the Sellem breach of wamnty. The Scllcr 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 time as may he prescribedby law achy the terms of any applicable wamnry provided by the Scllcr afcr the date of acceptance afire good% famished hereunder (acceptance not lobe unreasonably dclaved), resulting fmm imperfect or def olive work done m materials furnebod by the Scllcr Acceptance m use cf goods by the Pumhascr .shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Scllcr liability hereunder shall extend to all damages pmxim rmly caused by the breach of anv of the foregoing warranties or guemntecs, but such liability shall in no event include loss ref profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tans by wrincn change order. 5. CHANCES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the tenor. other than legal terms. including additions to or deletions front the qua ifde, originally roes cmd in the specifications or dmwinp, by verhal or written change order. If.any .such change affects the ammmt due or the time of performance hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to ray or all portions of the good then not shipped, .subject to any equitable adjustment between the parties as to any work or materials then in pmgms pmvidcd that the Pumhascr shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the goods and/or work, for incidental or consequential damages. awl that no such adjustment he made in favor of the Seller mith respect to any Funds which am the Sellers standard stock. No such termination shall relieve the Pumhaacn ar the Seller ofany of their obligations as to any goods dcli%cred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat be asserted within thirty 130) days from the date the change or tcminminn is ordered. R. COMPLIANCE WITH LAW. The Seller witmnts that all gonrts sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements M this character are hereby incorporated herein by this refercnec. The Seller agrees to indemnify and hold the Purchaser hnmlcss from all costs and damages suffered by the Purchaser or a result ofthe Scllcr, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this odor, or any monies due or to bceomc due hereunder without the Prior written consent of the other party. 10. TIT LE. The Seller wwmnt full, clear and unmstricted title to the Purchnser for all equipment, materials, and items furnished in perfomancc of this agreement, face and clear of any and all liens, restrictions, rescnations, security interest encumbrances and claims clutters. The Scllcr shall release the Parchaser and its contractors of any tier farm all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dimcom. offccm and employees ofsmh party. The Sellers contractual obligations, including mammry, shall not be deemed to be reduced, in any nay. because such work is performed or caused to he performed by the Purchaser. 14, PATENTS. Whenever the Seller is requimd to use any design, device, material or pmecsemered by letter, patent. trademark or copyright, the Seller shall indemnify and s ve hanoless the Purchaser from env 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 furrow cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or afcr the completion of the work. In ease said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the rise of slid equipment or pan is enjoined. the Seller shall. at its own expense and at its option. cithv pmttnC for the Purchaser the right to continue using slid equipment or pans replace the same with substantially equal but noninfringing equipment or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknipt make an assignment for the benefit of creditors, appoint a receiver rot ounce for any of the Seller, property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofn11 parties hereunder shall he ennstmcd under and governed by the laws of the State of Columdo. USA. The following Additional Conditions apply only in cases where the Seller is to Perham work hcrnmdcr. including the scniccs of Scllcr Repmscntative(s), on the premises Ofothen. 17. SELLERS RESPONSIBILfrY. The Scllcr shall cam on said mark at Seller's own risk until the more is fully completed and accepted, and shall. in ease of any accident, ibffimction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When monainis and equipment are famished by others for installation or erection 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 were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense pm%ide for the payment of workers compensation, including occupational disease henefits, to its employees employed on at 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 SCller shall also can, cOmprchcnsivc general liability including, but not limited to, contractual and automobile public liability insurance with hodily injury and death limits of at least S300,ri for any one person. S500,000 Ihr any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contmcdon, if any, to provide for such compensation and insurance. Before any of the Scllcr, or his contractors employees shall do any work upno the premises nfothcrs, the Scllcr shall famish the Purchasenvith 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 Scllcr agrees that such compensation and insurance shall be maintained unlit afcr the entire wark is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby anon, the entire responsibility, and liability for any and all damage loss or injuryofany kind or nature whatsoever to persons or pmperty caused by or resulting fmm the executinn ofthe work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any Or all of the Purchasers ofTeen, agents and employees fmm and against any and all claims losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to mInch the Pnrchawr cony be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Scllen ar contractors ofiecm. agents Or employees. In ease any suit or other Proceedings shall be brought against the Purchaser. or its officers, agents or employees slurry 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 nfommid. the Seller hereby agrees to assume the defense thereof and to defend the manic at the Sellers own expense, to pav any and all costs, charges, attorneys fees and other expenses. any and all judgment, that may be insured by or obtained against the Purchaser or any of its or their of ecia, agents or employees in such suits or other pmcccdings and in ease judgment or other lien he placed upon or obtained against the property ohthe Purchaser. ar said parties in or as a result of such suits mother proceedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond orotherwise. The Scllcr and his contractors shall take all safety precautions, bimish and install all guards necessary for the prevention of ,accidents, comply with all Imes and regulations with regard to mfcty including, but without limitation, the Occupational SMery and Health Act of 1970 and all mles and regulations issued partuant thereto. Revised 0312010