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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9135922 (2)Fort Collins PURCHASE ORDER PO Number Page 9135922 t of 3 This number must appear on all invoices, packing sli s and labels. Date: 03/04/2014 Vendor: 479201 Ship To: NATURAL AREAS HEATH CONSTRUCTION CITY OF FORT COLLINS PO DRAWER H 1745 Hoffman Mill Road FORT COLLINS CO 80522 FORT COLLINS CO 80522 Delivery Date: 10/31/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 3 Nix Farm Office Building 1 LOT EA -681.75 Change Order 2 4 Nix Farm Office Building 1 LOT EA -2,128.07 Change Order 3 5 Nix Farm Office Building 1 LOT EA -961.52 Change Order 4 6 Nix Farm Office Building 1 LOT EA -8,000.00 Change Order 5 7 Nix Farm Office Building 1 LOT EA 355.31 Change Order 6 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Fort Collins PURCHASE ORDER PO Number Page 9135922 2 of 3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price a Nix Farm Office Building Change Order 7 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasinga@fcgov.com 1 LOT EA 3,323.08 Total-$8,092.95 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Callus is exempt from state Oft, local taxes. Our Exemption Number is I I-NONWANER. 98-M501. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Furctioal to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenuer Denver, Colorado (Ref. Colored. Revised Statutes 1913, Climber 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 acceptancefor payment for goads hereunder or approval of the design, shall not releae the Seller of Goods Rejoined. GOODS REJECTED due as fnlure as ram spaificatiotxs, either when shipped or due to defects of any of the warranties or obligations of mix purchae order and still rot he deemed is waive of any right of the damage in transit, may be returnedasyxis for credit and are not to be replaced except upon rt<ipl of written purchaser asiesiss upon sums performance hereof or any of its rights or remedies as to any such good, tegnallas instructions from the Ciry of Fort Collis. of what shipped, received or accepted, as to any prior or subsequent default hereunder, Our shall any purponed oral modiSection or tascission of this purchase order by the Producer operate as a waiver of any of the terms Inspection. GOODS nor subject n the Ciry of Fan Collins inspatior on arrival hereof. Final Acceptance. Receipt of the merchandise, service or equipment in response 1. this order can result in 11 ASSIGNMENT OF AM'ITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and she Purchmer raognin than in actual economic practice, Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchser. Theretofore, for good case and m consideration for executing Nis purchase under, the Seller hereby assigns to the Purchser any and all claims it may now have or hereafter Freight Terms. Shipments most be EOF, City of Fort Collins, 900 Wood St., Fon Collins, CO 80522, unless acquired under federal or state antitrust laws for such ovemharges relating to the particular good or servo. 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 pumhax under. bill must accompany invoice. Additional charges for pecking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dlslunce. Where manufacturers have distribuling points in .arms pans of the country, ahipmon is Hills Purchaser directs the Seller correct nonconforming or defective good by a date to be agreed upon by the expected from the Imamst distribution paint to destination, and excess freight will be dedumed from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are aside final greater distance. may cause file work to be performed by the moor expediriuus means available to it, and the Sella shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary pemsits, cenifiams and licenses required by all applicable laws, regulations, ordinances and roles of the sfine, municipality, moirory apolitical subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature she work is Performed, or required by any other duly constioned public muhodry having jurisdiction over the work resulting from the performance ofsuch walk. of vendor. Seller further agrees to hold the City of Fan Collis hanmleas film and against all liability and loss recurred by them by reason of an inserted or established violation of any such laws, regulations, ordinances, miss This remise shall apply even in the rant of fall of negligence of the parry belt and and shall extend to the and requirements. dirmors, flit and employees of such party. Authatirafim. All panin to this contract agree flat she tepraeninves are, in fact, bow fide aid possess full and The Sellers commomell obligations, including warranty, shall not be deemed to be rnducnd, in any way, because complee aunmr ly to bind said parties. such work is Performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purthase Oder expressly limits acceptance to the means and conditions sound herein sa faah and any supplememary or additional terms and conditions annexes hereto or irmoryommd herein by reference. Any additional ar i if@mt rems and cooditians proposed by seller art objected 10 and hereby rcjecfnd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m amve on your promised delivery dam as noted. Time is of fhe essence, Delivery and performance must be eB25ed within the time stated on the purchase order and the documents attached hereto, No acts of the Purchasers including, without limitation, acceptance of partial Ise deliveries, shall opemtb as a waiver of Ihis provision. In the arm of eery delay, the Purchaser shall have, in addition to other legal 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 comes not seasonally foreseeable which are beyond its reasonable com al and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars 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 first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to tie time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, strategies ardor other descriptions given will Is, fit for the purposes internal and performed with the highest degree of care and carnpecence in accordance with accepted standard for work of a similar nature. The Seller agar to hold the paselic r harmless from any loss, damage or expense which the Purchaser, may suffer or incur on account of the Sellers breach of wanrunty. The Seller shall replace, repair or make good, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer period of lime as may be prescribed by law or by the corms of any applicable waronty provided by The Seller after the dam of acceptance of the good famished hereunder (acceponre not to be maricasbly delayed), resulting Earn impef ct or defective work done or materials national by the Seller. Acceptance or use of goods by don, Purchaser shall not .mints a waiver of any claim under this warranty, Except to otherwise provided in this purchase mail the Sellers liability hereunder shall extend to all damage proximately cased by the breach of any of fine foregoing warranties err guammens, but such liability shall in no at include loss nfprefic, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhmer may make changes to legal terns by writm change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may Oaks any changes to the terms, she than legal terms, including additions 1. or delnlans from the quantities originally call in the specifications or drawings, by verbal or written change order. If any such .han, afl'afs the Oman, due or the time of performance hereunder, ern equitable act nslmem shall be made. 6. TERMINATIONS. The Purchaser may .t any time by written change order, terminate this agreement as to any or all portions of the goods 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 for anticipated profits on the uncompleted portion ofthe goad major work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to say goods which art the Sellers smndaa stock. No such termination shall relieve the Purchases or the Seilerforty.ftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or nomination is amered. 8. COMPLIANCE WITH LAW. The Seller woman. that all good said hereunder shall have ban mdared, sold, delivered and Simulated in strict compliance with all applicable laws and regulations to which the goods one subject. The Seller shall execute mad deliver such documents n may be obtained to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this charmer are hereby incorporated herein by this refema. The Seller agrees to indemnify and hold the Purchaser harmles from all coses and damages mf end by the Purchaser s a turfs of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall sign, transfer, or convey this order or any monies due or to become due hereunder without the prior written consent of the other party. IBi TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, rentaials, and items famished n performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 14. PATENTS. Whenever The Seller is required to use any design, device, material or process covered by least, patent, trademark or copyright, the Seller shall indemnify and save harmlessthe Purchaser from any and all claims for inf l'areaf by reason of the use of such patented design, device, material or process in connection with the contract, ad shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosanion or after the completion of the work. In case said equipment or any pan thereof or the intended um of the goods, is in Such suit held to mnstion, infringement and the use of said equipment or pan is enjoined, the Seller shall, a its own expense and at its option, either procure for the Purchaser Be right to continue using said equipment or pans, replace the same with substantially equal but naniufnging equipment, or modify it see it becomes noninfringim. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make no assignment fir the be refit of croba s, appoint a accuser or tmstee for any of the Sellers property or business, this Omer may forthwith be canceled by the Pamhser without liability, I& GOVERNING LAW. The definitions of maces mad or the notification ofthe agreement and the rights of all parties hereunder shall be coma ced under aid governed by she laws of she Site of Colorado, USA. The following Additional Conditions apply only in cases where she Seller is to perform work hereunder including the services of Sellers Representativefs), on the premises ofothas. ❑. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk ...it tie same is fully complernd and accepted, and shall, in rase of ivy accident, deswction or injury to the work edlor materials before Sellers final completion and acceptance, complete the work in Sellers own expense and to the smisfaction of tie Purchaser. When materials and equipment are fiunisha by others for installation or faction by the Seller, the Seller shall receive, unload store and handle same in the site and become mpomible therefor as though such materials and., equipment weer being furnomed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compeaafioi, including occupational disease benefits, to its employes employed on or in connection with the work covered by this purchase order, and/or to their dependents in arrordunce with the laws of the suite in which the work is to he done, The Seller shall also carry compachencism general liability including, but not limited to, contractual and automobile public liability imarmce with bodily injury and death limits ofat least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise acquire his contractors, if any, o provide for such smin,mation and insurance. Before any of the Sellers or his amanmors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a «nifmcatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certifimms shall specify the date when such compensation and insurance expim, The Seller ugrces that such compensation and insurance shall be maintained until suer the entire work is completed and seaman. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sellerhemby assumes the entire mponsibilry mad liability florally and all damage, loss or injury of any kind r nature whatsoever m persons or property wsmud by or resulting Gom the execution ofthe work provided for in this pnocbme order or in connection heawilh. The Seller will indemnify and hold harmless drc Pa ll ser and any r all of the Purchaers officers, agents and emplayas from and against ivy sad all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Puchaar may be put or subject by morn of any act, action. neglect, omission or default on the pan of tie Seller, any of his ..is., or say of the Sellers or contractors olRcers, again or employes. In ease ay coif or other procendinp aleall be brought against the Purchaser or its oRceas agents or employees Many time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors many of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to defend the same at the Sellers own expense, to pay any and all cos., charges, atrume s fees and other expenses, any and all judgments that may be incurred by a obtained at. the Purchaser or any of its or their .Ricers, agents or employes in such auto or other proceedings, and in case judgment or othar lien be placed upon or Obtained against the property of the Purchaser, or said parties in or. a molt of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharge by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, Finnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, btu without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued p romon thereto. Revised 03I2010