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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9116852 (3)City of Fort Collins Date: 04/04/2012 Vendor: 479201 HEATH CONSTRUCTION PO DRAWER H FORT COLLINS Colorado 80522 PURCHASE ORDER PO Number Page 9116852 1of2 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 Quantity Ordered UOM Unit Price Extended Price 6 Change Order 5 1 LOT EA 17,048.04 7 Change Order 6 1 LOT EA 29,145.97 8 Change Order 7 1 LOT EA 28,661.92 9 Change Order 8 1 LOT EA 24,393.85 Total $99,249.78 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 Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By m um the City of Fon Collins is exempt from suite and local taxes. Our Exemption Number is 984M502. Federal Excise Tax Exemption Certificate of Registry FA-60M10587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (al. Goods Rejected. GOODS REJECTED duc m failure to meet specifications, either when shipped or due to defects of damage in transit- may be mturred to you for credit and arc not to he replaced except upon mccipt of volten instructions fmm the City effort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONTVAIVER. Failure of the Purchaser to insist upon strict performance othee terms and conditions hereof, failure or delay to exercise any rights or re ic, ics pmvidcd herein or by law. failure to pmntptly notiry theSella in the event of a breach. the accemmnce ofor p lymenl for goods hereunder a approval oflue design, shall not release the Scllcrof any of the wamntics or obligations of this pnrcla se order and shall not be do ntcd a waiver of any right of the purchaser to insist upon strict pert nnnrec hemofor any ofils rights ormarethes as Loony such goods. mgrrdles, of when shipped, rcccivcd or accepted. is to any prior or subsequent default hereunder, nor shall tiny purponN and modification or rescission of this purchase older by the Purchaser operate as a waiver of any at the tors hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mnhoriud payment on the part of the City of Fort Collins However. it is to be understood that FINAL Seller and the Pumhascr recognize that in actual economic practice, overcharges resulting fmm 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 order, the Seller hereby assigns to the Purchaser env and all claims it may now have or hereafter Freight Tarts. Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Fort Collins. CO 80522, unless acquired under fedcnl or state antitrust laws for such ovcmhurges minting to the panienlar gaols or services otherwise specified on this urder. If permission is given to prepay freight and charge separately, the original (might purchased or acquinxl by the I'mehuser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he roach ed. Shipment Distance. Wham manuf emre6 have distributing points in various pans of the country, shipment is expected form the ncamt distribution point to destination. and excess freight will be deducted front Invoice when shipments arc made fmm greater distrumm. Perdu. Seller shall procure at sellers sole cost all necessary permits, catifucates and licenses required by all applicable Tows. regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or mlrrircd by any other duly constinved public authority having jurisdiction over the work of vendor. Scllcr further agrees to hold the City of Fort Collins harmless fmm and against all liability and Ins, incurred by than by moon of an asserted or established violation of any such Imes, regulations, ordinances, odes and requirearru . Andirmiaatinn. All parties to this contract agree that the represcntntives am, in fact, burn fide and possess full and cornplctc authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the tams .and conditions ,Wed heroin s r forth and any supplementary ,, additional terms and conditions annexed hereto or incorporated herein by micmnce. Any additional or diffcmt toms and conditions proposed by seller arc objected to and hereby rejcacd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdimcly if you cannot ntake complete shipaent to arrive on year promised delivery date as noted. Time is ofthe essence. Delivery and performmce must be effected within the titre stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpmial Inc deliverim, shall operate as a waiver ofthis provision. In the event orally defy, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clscwhcrc and holding the Seller liable for damages. However, the Sella shall not he liable for damngcs as a mull of delays due to causes not reasonably fomucable which arc beyond its reasonable control and without its fault ofnegligcnee. such acts of God acts of civil or military mnbontics, governmental priorities, fires, strikes, Flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pmrchtiscr within five (5) days of the time when the Seller first received knowledge thacef. In the event of nqy such delay, the date of deivery shall be extended for the period equal to the tine atuatly lost by rcnsm of the delay. 3. WARRANTY. The Sella warrants that all good. articles, nmterials 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 perfumed with the highest degree, of cam and compecom in accordance with accepted standerds for work of a similar name, The Seller agree: to hold the purchaser harmless fmm line loss, damage or expense which the Purchaser my suffer or incur variation of the Scllcrs breach of wamnty. The Seller shall replace, repair or unlike good, without cost to the purchaser. any dcfats or faults arising within one (H year or within such longer period of lime as may be prescribed by law or by the terns ofany applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delay ip, resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use M goods by the Purchawr shall not constitute a waiver fany claim order this warranty. Except as otherwise provided in this purchase order, the Sellers liability hercunder shall extend to all damages pmximtely caused by the hooch of any of the frcgoing wamntics or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITI" OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser me nuke changes to legal terms by wriuen change order. 5. CHANGES IN COMhTERC1AL TERMS. The Purchaser my make any charges to the more. other than legal temp, including additions to or delctioms From the quantities originally untried in the specifications or drawings, by verbal or written change order. If uny such change affects the amount due or the tine of rsaf x- erne hereunder. ran equitable adjustment shall be node. 6. TERMINATIONS. The Purchaser my at any time by written chop, order. terminate this ngrcement as to any or all portions of the goods then nor shipped subject to any equitable adjustment betw<m the Pat is to any work or materials then in progress provided that the Purchaser shall now be liable for any claims for anticipated profits on the uncompleted portir t of the goods and/or work. for incidenul or conscgtential cl ntages, and that no such adjustment be made in favor of the Sell, with respmt to any goods which am the Sellers standard stock. No such lamination shall relieve the Purchaser or the Scllcrof any of their obligations as to any good ddivend hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjustment most he assumed within thirty (30) days from the date the change or teminatirm is ordered. R. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hoarder shall have been produced. sold, delivered and Furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such donmrents as my be required to effect orevirlacc compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this mfercncc. The Scllcr agrees to indemnify and hold the Purchaser harmless fmm all costs and damngcs suffered by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither prey shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior wrircn consent of the other perm. 10, TITLE. The Seller warm at, full. demand unrestricted title to the Purchaser for all equipment. materials, and items burnished in perfrmance of this agreement, free and clear of any and all liens, restrictions, mscrvitions, security interest encumbrances and claims of than. 13. PURCHAS ERS PER FOR NIANCE OF SELLERS OBLIGATIONS. - If the Purchase, directs the Sel der to correct nonconfomung or defective gads by a dote to be agreed upon by the Purchaser and the Scllcr, and the Sal let thereafter indicates its inability or unwi l lingoes, to comply, the Pnmhnser onv cause the work to he performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contr too of any tier fmm nil liability and claims of any nature resulting fmm the performance of such work. Thi, release shall apply even in the event of fault of negligence of the party released and shall extend to the dins to ,. oRiccrs and cnmpleyccs ef,uch party. The Seller's contrctuil obligations, including warm. my. shall net be doomed to be redocol, in any way, bemuse such work is par tined or caused to be per fomud by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or process catered by latter, patent- tndernark or copyright. the Seller shall indcmnifv and save hamlcss the purchaser fmm any and all claims for infilngcmcat by nlsun of the use of such pat racd design, device. material or process in connection with the contract, and shall indcmnifv the Purchaser for any cost. expense or damage which it my be obliged to pay by reason of such infringement at any tine dining the prosecution or after the completion of the work. In case said equipment. or any pan thereof car the intended use of the gads, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense .and at its option, either procure for the Pumhiscr the right to continue using said equipment or port, replace the some with substantially equal but noninfn'nging anipmcnt. or modify it so it becomes ouninfringing. 15. INSOLVENCY. If the Scllcr shall bee re inwIvcnt car bankmot make an o%ignncnt for the hawfit of cmliturs, imprint it receiver or trustee for tiny of the Scllcrs property or business this order may forthwith he canceled by the Purchaser without linhility. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hcmnnder shall be construed under and governed by the laws of the State of Colondo. USA. The following Additional Conditions apply only in cases where the Seller is to pafnmt work hacunda, including the services of Scllcrs Reprewntative(sl, on the premises nfodras. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the state is fully completed and accepted, and shall. in case of my accident. destruction or injury to the work and/or mnrcrials before Seller', final completion and .acceptance conlidele the work at Scllcrs own expense and to the satisfaction of the Pumhamr. Wicn materials and equipment arc furnished by others for installation or erection by the Seller, the Sella shall receive, onlood, store and handle same at the site and become responsible therefor as though such materials onNor equipment were being fumishcd by the Sella under the order. IS. INSURANCE The Scllcr shall. at his nwo expcn,e, provide for the pryrncot of workers compensation. including occupational disease haefits. to its employees employed on or in contraction 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 he done. The Sella shall also any comprehensive general liability including, but not limited to, controducal and Meanwhile public liability insurance with homily injury and death limits of at least S301.001) for nnv one Parson, $500,000 for any one accident and pmperty danmge limit per accident of $400.000. The Seller shall likewise regnim his contractors if nay, to pmvidc f.r each cmnpcmmlon and ins muce. Before any of the Scllcrs or his contractors employees shall do nny work upon the premises of others, the Scllcr shall famish the Purchaser with a catific.im that such compensation and insurance have ban pmvidcd. Stich certificates shall specify the dite when such compensation and insu enm have been provided. Stich certificates shall specify the date when such compensation and insurance empires. The Scllcr agrees that such compensation and insurance shall be maintained until aRa the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcmbv assumes the entire responsibilityand liability forany andall daringe, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution of the work pmvidcd for in this purchase order or in contrarian herewith. The Seller will indemnify and hold hnnnless the Pimhascr and any or all of the Purchasers oRcas, ngens and employces from and against any and all claims losscs, dinmges chances or expenses, whe icr direct or indirect and whether to persons or property to which the Purchascr may be put or subjccl by reason orruy ne, ration, neglect, omission or defuh on the pan of the Seller, any of his comments, or any of the Scllcrs or contractors officers, agents or cmployecs. In case any suit or other proceedings shall he hmnght against the Purchaser, or its oRcas, agents or employees utility time on namant or by reason artily net, action, neglect. onlission or default of the Seller of nny of his contactors cr nnv of its or their officers. agents or cmployecs as lifiam aid, the Seller hereby agrees to assure the defense thereof and to defend the wore at the Sellers two expense. to pay any and all costs, charges, attorneys bass, and other expenses, any and all judgments that nmy be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other pmcc dings. and in case judgment or other lien he plaed upon or ohtnined against the pmpeny of the Purchaser, or said parties in or as a restdt of such mils or other Proceedings. the Seller will at once cause the same to he dis,olved and discharged by giving bond or othmvise. The Sellerand his contractors shall take all safety Inecautions, furnish and install all guards necessary far the prevention of accidents. comply with all laws and regulation, with regard to c few including. but without linmindent. the Ocaipatiornl Safety and Health Act of 1970 and ill odes and mgalntions issued pursuam therein. Revised 03/2010