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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9125653City of Fort Collins Date: 1012912012 Vendor: 479201 HEATH CONSTRUCTION PO DRAWER H FORT COLLINS Colorado 80522 PURCHASE ORDER PO Number Page 9125653 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date:. 10/26/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Construct new restroom 1 LOT LS 193,300.00 RM Playground PER TERMS AND CONDITIONS OF BID 7433 AND AGREEMENT DATED OCTOBER 12, 2012 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 $193,300.00 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. COMhtERCIALDETAILS. Tax exemptions. By statue the City of Fort Collin is exempt non state and local taxes. Our Exemption Number is 11. NONWAIVER. 9"4502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Failure of the Purchaser to insist upon solet performance of me terms and conditions herself, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sututax 1973. 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 ofor payment for goods 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 any 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 returned to you for credit and are not to be replaced except upon receipt of written Parclmser to insist upon strict performance hemofor any of its rights or remedies as to any such goods, regardless instructions tram the City of Fort Collins. of when shipped, received or accepted, se to any poor or subsequent default hereunder, nor shall my purported tool modification or rescission of this purchme am an by the Purchaser, operate as a waiver of any of the tames Inspection, GOODS me, subject to We City of Part Collins inspection on arrival. hereof. Fiml Acceptance. Receipt of the merchandise, services or rympment in response to this order tin result in authorized payment on the put of to City of Fort Collins. However, it is to be undesstood that FINAL ACCEPTANCE is dependent upon completion stall applicable required inspection pmcedurts. Freight Terms. Shipments most be F.O.B., City of Fart Collins, 700 Wood St-, Fort Collins, CO 80522, unless otherwise specified on fail order. Ifpsnnissi m is given to prepay freight end charge s,.rely, the original freight bill must acrompany invoice. Additional changes for packing will not be, accepted - Shipment D"atm<e. Where manufectuan have distributing Points in venous parts of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted Sent Invoice when shipments ere made from greater distance. Permits. Seller shall procure at sellers sole cost all nec,mry c mis, certificates and licenses required by all applicable laws, regulations, ordinances and mles ofthe state, municipality, territory or political subdivision when We work is perfomad, or squirted by any other duly concerned public authority havingju isdiction over the work Of vendor. Seller further agar an held the City of Fort Collins humless from and against all liability and loss incurred by them by xaamn of en warted or established violation of my such lawn, captai ion, ordinances, roles and requirements. AUWorvatim. All parties to this contract agree Our the representatives am, in font, bom She and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions armed herein set forth and my supplementary or sdditionsl emus and conditions annexed hereto or incorporated fieret by reference. Any additional or different terms and condition proposed by sole, me objected t and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mnnot make complete shipment to mice on your promised delivery date as noted. Time is of the essence. Delivery and performance most be criterion within the time stated on the purchase order and the documents attached hereto. No scat of tI a Pumhmers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other Icg1 and equitable remedies, the option of placing 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 foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of Gad, acts afeivil or military authorities, govar mmtil priorities, ties, strikes, flood, epidemics, wars or fiats provided that notice of the conditions carving such delay is given to the Purchaser within Eve (5) days of fire time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to des time ecw.11y lost by ..on of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or other descriptions given, will be fit for the puryoas intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar names. 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 of warranty. The Seller 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 be prescribed by law or by the tarns of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by We Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, fie Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of hie foregoing werzaufies or guarantees, bur such liability shall Of no event include loss ofprofits or loss orose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchu, may make any changes to the ft., other than legal terms, including additions to or deletions from to quantities originally ordered in We specifications or drawings, by verbol or written clump order. If any such change efBets the amount due or the time ofpedormmce hcrcundcq en equitable adjustment shall be made. 6. TERM1BNATIONS. The Purchaser may at any time by written change order, ermine this agreement as to any or all portion of the goods then not shipped, subject a any equitable adjustment between the parties as to any work or materials ten in progress provided that the Puabaser shall nut be liable far any claims for anticipated profits on the uncomplemd portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller wild return, to any goods which are the Sellers standard stock. No such termination shall relieve Me PureM1mer or hie Seller ofmy of their obligations a to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date fie change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamans that all goods sold hereunder shall have been produced, sold, delivered and fmished in shies compliance with all applicable laws and regulations W which hie gooda an subject The Seller shell execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to M incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller apron to indemnify and hold the Pumhmcr hounleas tram all case and damages suffered by the Purcbaer as a result of the Sellers failure to comply with such law. 9. ASSIGNhtENI'. Nrither party shall assign, most or convey this order, or any monies due or to became due hereunder without the 'do, write. consent of the other 'my.. 10. TITLE. The Seller vto ms full, clear and urue ari,ed into to the Purchase, for ell equipment, matmals, and items fiunlshed in performance of this agreement, free and clear of any and all lien, matrictione, reservations, security interest encumbrances and claims of others. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogne that in sctuei economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as considendon for executing this produce order, the Seller hereby assigns to the Forbear any and all claims it may now have or heaaner acquired under federal or mete antitrust laws for such overcharge ch ing to the pmicular goods or services purchased or acquired by the Purchase, pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ISWe Purchaser directs the Seller to comment nonconfaamiM or defective goods by a date to be agreed upon by We Purchaser and the Seller, and We Seller thertan r indicaaas its inability or mwlllingnrss to comply, the Purchaser may cause the work to be performed by the most apedimous menu available to it, and the Seller shell Pay all costs associated with such work. The Seller shall release the Parches, and its contractors of any tier from all liability and claims of my nature resulting from the performance ofsuch work. This release shall apply even Of the event of fault of negligence of the party released and shall extend to the directors, ofcers and emplayecs crouch parry. The Sellers contractual obligations, including warranty, shall not he decmed to be reduced, in my way, became such work is performed or caused to be performed by hie Forebears. 14. PATENS. Whenever the Seller is required to we any design,device, material or process covered by John, patent, trademark or copyright, the Seller shall indemnify and save harmless rue 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 mycost, expense ar damage which it may be obliged to pay by reason fsuch infringement at any time during the prosecution or after the completion of the work. In case and equipment, or my part thereof or the intended me of We goods, is in such suit held to constitute infringement and the we of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainfringing equipment, or modify it so it becomes noniniinging. 15. MSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignmant for the benefit of creditors, appoint a or broome for any of the Sellers property or business, this coder may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions.17mie scoed or the inm mommn ofWe ape,nent and the rights of all panics hereunder shall be mostmed under teed governed by the Incas ofthe Sore of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work Immund,, including the sarvica. of Sellers Repreanbuiv,B), on the premises ofothers. 19. SELLERS RESPONSIBILITY. The Sell. shall tarty on said work at Sellers own risk until sue same is fully completed and mcr,ted, and shall, in e of my accident, daforefion or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materals and equipment are famished by others for installation or exaction by rue Seller, the Seller shall receive, unload, store and handle same at the site and become unprofitable therefor se though such materials stupor equipment were being famished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mpor 0 their dependents in accordance with the laws of the stem in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S30l far any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees sball do any work upon the premises of others, the Scller shall famish the Purchaer wit a certificate that such compensation and insurance have been provided. Such certificates shall specify We date Man such compensation and insurance have been provided. Such mrtifcam shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation end insurance shall be moirainci l until an,, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scller hereby auumm the emirs respomi ellry and liability for any and ell damage, loss or injury ofmy kind or name whatsoever to persons or property exceed by or resulting from the execution of the work provided for in this punchaa order o, in connection herewith. The Seller will indemnify end hold hannlsss the Purchase, and my r all of the Pumh ur m otters, agents and employes tom and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or progeny to which hie Purchaser may be put or subject by reason of any act, action, neglect, emission or default on the pan of the Scller, my of his contactors, or any of the Sellers or contractors afters, agents or employees. In tax my suit or older proceedinp 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 Soler of my of his contractors or any of its or Nair aMaers, agents or employees so aforesaid, the Sell, hereby agrees to msama the defense thereof am to defend the same at the Sellers own expense, to pay any and all cons, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of is or Wan 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 of the Fumhaseq or said ponies in or as a result crouch suite or other proceeding, Me Seller will at once cause the some ro be dissolved and discharged by giving bond or othereaiue. The Seller and his contrmtars shall take all safety precaufiom, fmuh and hstell all goads necessary for hie prevention of accidents, comply with all laws and regulaticas with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant thereto. Revised 032010