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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9116064City of Fort Collins PURCHASE ORDER PO Number Page 9116064 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 03/16/2012 Vendor: 479201 Ship To: NEIGHBORHOOD & BUILDING S HEATH CONSTRUCTION CITY OF FORT COLLINS PO DRAWER H 281 N COLLEGE AVE FORT COLLINS Colorado 80522 FORT COLLINS Colorado 80521 Delivery Date: 10/17/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Addendum to PO 9116064 1 LOT EA 216,016.00 Revised contract date 10-11-11 Total $216,016.00 C3. Oi'lII:s2� 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 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 exemptions. By stimnc the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON\VAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60MS97 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof. failure or delay to Internal Rm'enue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or rcmcdics provided herein or by lam, failure to promptly notify the Seller in the event Olin breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Guods Rejected. GOODS REJECTED due to failure to now specifications, either when shipped or doe to defects of any of the wamatics or obligations of this purchase order and shall not he deemed a waiver of anv right of the damage in transit, may he reNmed to you for credit and arc on, to be replaced except upon receipt of Written purchaser to insist upon strict perfomancc herenfor any of its rights or rcmcdics as to znv such gone,, regardless instructions franc the City of Fort Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder. nor shall any purported oral modification or resci, inn of this purchase ontcr by the Purchaser operate as a sea IN of any of the Innis I aspect ion. GOODS arc sulr_icct to the City of Forl Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can resoll in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Port Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting front antimist ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore. for goad cause and as consideration for executing this purchase order, the Seller hereby assigns In the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fan Collins, 700 Wood St., Fort Collins. CO 90522, unless acquired under federal ar slot, annums, laws for such overcharges relating to the paniculm 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. hill must accompany mo nice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller In correct nonconforming or defective goods by a date to be agrrad upon by the expected from the ncareac distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made firma greater distance. may cause the work to be performed by the mnst expeditious means available to it, and the Scllcr shall pay all costs os,ociated with such ,cork. Permits. Seller ,hall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and faces of the .state, municipality, territory or political subdivision %there the work is performed, or required by any other duly constituted public authority having jurisdiction over the work Of vrndm. Seller Further ngrccs to hold the City of Fen Collins harmlcs, fmm and against all liability and Ins, incurred by then, by .,no of an asserted or established violation of any such laws, regulations, ordinances, odes and requircrtxenu. Aulhorizadon. All panics to this contract agree that the represcnLxtives are. in fact. bona fide and possess fill and complete authority In bind said panics. LIMITAIION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemcnmry or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your premised delivery date as noted. Time is ofthe ecenee. Delivery and perfomancc must be effected within the time stated on the purchase order and the documenu attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial Late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable ¢medic, the option ofplacing this order clsovhcm and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a rcsnll of delays due in causes not reasonably foreseeable which arc beyond its rcamnable control and without its fault of negligence, such acts of C;M, acts ofrivil ar military authorities, governmental priorities, fires, strikes flood, epidemics, wars or riots pmvidcd that notice Of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr rand received knowledge thereof. In the event of any such delay, the date of delivery shale he extended for the period] equal to the time actually lost by reform ofthe delay. 3. WARRANTY. The Seller wamnty chat all goods articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purpuscs intended, and peffomcd with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Pamhacr may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, ,without cost to the PuMblocr, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tome, ofany applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to he unreasonably delayed), resulting from iiaNrfcel Or dcfcetivc work dune or material, fin ,lmd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a salver ofany claim under this womanly. Except as othcn%isc provided in this purchase order, the Sellers liability hereunder shall extend to all damages pumicuffely caused by the breach Many of the foregoing am miss or guarantees, but such liability shall in no cyclic include loss 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 Iems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puehzser may make any changes to the Isms, other than legal terms. including additions to or deletions front the 9ulatitivs originally ordered in the specificutions or drawings, by verbal or written change onto. If any such change ofects the amount due or the time ofpernmoracc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrjnen change order, terminate this agreement as to any or all portions of the good then net shipped, subject m any equitable adjustment between the panics as to any work or materials that in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/err work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any enrich, which arc the Sellers standard stock. No such dmtination shall rclicxr the Purchaser or the Seller of any M their obligations as to any goods de]imred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the data the change or teminntion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in Suitt compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents a may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby ineer ormcd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless firma all costs and damages suffered by the Pnrchnscr ace a result niche Scllcrs failure to comply with such law. n. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any cronies due or in become due hereunder without the prior written consent niche other party. 10. TITLE. The Scllcr wamnty full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agrecment free and clear of any and all liens, restrictions, rescrvli security interest enenmbrancc and claims Mothers. The Seller shall release the Purchaser and its contractors of any her fmm all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply oen in the event of fall, of negligence of the party released and shall extend to dhc directom officers and employees of such party. The Selleis contractual obligations, including wamnty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by file Purchaser. 14. PATENTS. Whenever flue Seller is required to usefully design, device, material or process covered by letter, patent, trademark or copyright, The Seller shall indemnify and save harmless the Purehfser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contend. and shall indemnify the Purchaer forany Cast. expense err damage which it may be obliged In pay by rcesnn of such infringement m any time during the peascetaion or after the completion of the work. In ease said equipment err tiny pan thereof or the intended use of the goods, is in such still held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option. either proeare for the Purchaser the right to continue using said equipment or pans, replace the .same with substantially equal but noninfringing equipment, or modify it so it beermcs naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this order may forthswi th be canceled by the Purchaser without liability. 16, GOVERNING LAW, The definitions of terms used or the interpretation of the ogrecmem and the rights of all panics hcrctmdcr shall he eomm�ed under and governed by the laws ofthe Stale of Colomdn USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrctmdcr, including the seniccs of Scllcrs Represcntativels), on the premises nfothcrs. 17, SELLERS RESPONSIBILITY, The Seller shall carry, on said work at Seller's own risk until the same is fully completed and accepted. and shall, in ease of any accident drstfac[ion or injury to the work and/or materials before Seller's final completion and .acceptance. complete the work at Scllcrs men expense and to the satisfaction ofthe Purchaser. When mmci als and equipment are furnished by others for installation or erection by the Seller. the Seller shall rceeite. unlm 1. stare and handle same at the site and become responsible therefor as though such matmials and/nr equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupational disease belefits, to its employees employed on or in connection with the work covered by this purchase order. and/err in their dependents in accordance with the Imes of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractor] and automobile public liability insurance .with bodily injury and death limits of.it least S300,100 for any one person. S500.000 for any one nccidenl and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such contpcnwuion and insurance. Before any of the Sellers or his contractors employees shall (loony Work upon fhc premises nfothcrs. the Seller shall furnish the Purchaser with a certificmc [lint 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. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mspnosibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller 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 property to which the Pu¢hascr nosy 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 Scllcrs err contractors nR ,cis. agents or employees. In ense any suit or other proceedings shall be brought feamst fhc Pnrchnscr, or its officers, agents or employees runny time on account or by reason of any act, action, neglect omission or default of the Seller M any of his contractors of any of its or their officers, agents or employees as aforesaid. the Scllcr herchy agrees to assume the defense thereof and to defend the same at fie Scllcrs own expense, to pay any and all ersts, charges. attomcys fees and other expenses, any and all judgments that may be incurred by or chmined against the Purchaser Or any of its Or their officers, agents or employees in such suits or other pmeeedings, not in ease judgment or Other lien he Pmcd Moon or ohmined against the property of the Purchaser, or said parties in err as a result ofsuch suits or other proceedings. ,he Seller will al once cause the some to be dissnF ed and discharged by giving bond or otherwise. I'lie Scllcr and his contractors shall take fill safety precautions, furnish and install all guards necessary for the prevention of ,accidents comply with all laws and regulations with regard to sultry including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010