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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9135922 (3)Fort Collins PURCHASE ORDER PO Number Page 9135922 1012 This number must appear on all invoices, packing sli s and labels. Date: 03/24/2014 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 UOM Unit Price Extended Ordered Price s Nix Farm Office Building - 1 LOT EA 7,167.20 Change Order 8 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.wrn Total Invoice Address III-YA'It1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By nature the City of Fan Collins is exempt from state and local tarn. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificme of Registry M-6000587 is regimens] with the Collector of Failure of the Purchaser to insist upon strict pert mitt of the rams and Conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamens 1973, Chapter 39Q6, 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 acceptmce afar pay tam Far o hereunder or approval of the design, shall net micae roe 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 pureham order and shall not Ise deemed a waiver of my right of the cEmage in transit, may be reramed on you for credit and are not to be replaced except upon receipt of wrven Purchaser to insist upon social performance haeofor any of its rights or remedies as to any such goods, regardless instructions from the City ofFort Collins fa,hen shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teens Inspection. GOODS we subject to the City of Pod Collins inspection on normal, hereof. Final Acceptance. Receipt of the merchandise, sen'ums or expopmrnt in resparim to this ender can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mlodzed payment on the pan of the City of Pon Collins. However, it is to be undmmod thmFINAL Seller and the Purchaser recognae than in am[ ecmomic practice, overcharges resulting Bom winner ACCEPTANCE is dependent upon completion of all gdLeable required inspection procedure, violatimos are in fact home by the Purchaser. Theretofore, for goad Cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all Claims it may row have in hereafter Train Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless mquiocd order, Be l or some annuhat laws for such overcharges relating In the particular goods or senams otherwise specified on this order, lfpennission is given to prepay freight and charge separately, the original freight purchased or acquired by rbe producer Pursuml to this purchase mda hill man acenmmnv ram- Additional chances for oxkinu will mo be aceped. Shipment Distance. Where manufacturers have distributing Win6 in various pros of the country, shipment is expected from the nearest distribution point to destincrion, and excess freight will be dNucted from Invoice when shipments me made from primer distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and liaeaus required by all applicable laws, regulations, ordinances and rules of the state, municipality, mnitory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of Corona. Seller further agrees to hold the City of Fort Collins hornless from and against all liability and loss incurred by them by reason of an maerted or established violation of my such laws, regulations, ordinances, roles and fix, it ments. Andu rbortu m. All panes to this comma agree ohm the representatives are, in fact, bona fide and paaess N11 and amplete authority to bind said parries. LIMITATION OF TERMS. This Pumhac Other expressly limits acceptance b the terms and conditions stated herein set forth and any supplementary or additional terms and conditions ame.xed hertto in incorporated herein by reference. Any additional or different terms and conditions proposed by seller art objected ro and herby rated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase aide, and the documents anachcd harem. No as of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate a a waiver of this provision. In the Cvem of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damage, However, the Seller shall not be liable for damages as a result of delip due to causes not immunity foreseeable which arc beyond its commable Control and without its fault of negligence, such as fGod, rams ofrivil or military authorities, govemmrntal pnonties, fires, strikes, Rood, apidemia, wars or nos provided that notice of the conditions Coming such delay la given to the Purchases within five (5) dap of she time what the Seller first receved knowledge thereof. 1n the event of my such delay, the dam of delivery shall he extended fro the period ryual to the time actually lost by reason ofthe delay. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser Chase. the Seller to Comet nonmnfmming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the work to be performed by the most expeditious meare available to it, and the Seller shall pay all ,as, nwaimed with such work. The Seller shall relive the Proolon r and its morticians of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees m,wh puny. The Sellers contractual obligations, including wammty, shall m1 be deemed to be reduced, in my way, because such work is performed or Contest to be performed by the Purtham. 14. PATENTS. Whenevertbe Sella is requi d to use my design. device, material or process CoverN by lever, pater, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reamit of the me of such prorated design, device, material or process in connection with the contract, and shall indemnify the Puahaer for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to Combine infringement and the use of said equipment or an 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 parts, replme the same with substantially equal but noninfringing equipment, ar modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become inache st or blaupt make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers Pori on bmaimss, this order may forthwith be canceled by the Purchaser without liability. 3 WARRANTY The Seller warrants that all good, articles, mammals and work covered by this order will mnfotm with applicable 16. GOVERNING LAW. The definitions of menu used or rise interpretation ofthe agreement and the rights of all panin hereunder shall be drawings, mecifwtuss, samples mNor ocher descriptions given, will be fit for the purposes intruded, and construed order and governed by the laws ofthe Slate of Colorado, USA. performed with the highest degree of care and competence in accordance with accepted standards for work of a similar namrc. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the The following Additional Conditions apply only in cases when the Seller isto perform work hereunder, Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, rep tit or make including the services of Sellers Rep¢senmtive(s), on the premises ofothers. gxl, without cost to the purchaser, any defects or faults arising within one year or within such longer period of IT SELLERS RESPONSIBILITY. time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe good famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect The Seller shall carryon said work at Sellers awn risk until the same is fully completed and accepted, and shall, or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not of any mordent destruction or injury to the work andtm materials before Sellars final completion and azeeptance, complete the work at Sellers own expense and to the satisfaction of the Pmchoser. When materials onstitute a waiver of any claim under this.1y. Except m otherwise provided in this Fumhau order, the Sellers hereunder shall extend to all damages proximamly mused by the breach of my of rise foregoing wmramies and equipment raft f fished by others for installation or erection by the Seller, the Seller shall receive, unload, or guarantees, but such liability &ball in has event include loss ofpmfiu or loss of use. NO IMPLIED WARRANTY sore ml handle same at the site and become mposside therefor as though such twadali addict Nuipmmt were being famished by the Seller under the order. OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by women change order 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any ch ages m the terms, other than legal terms, including mlditiom to or deletions from the quantities originally ordered in the specifications at drawings, by verbal or written change order. If my such change nRece, the amount due or the time of performance hereunder, inequitable calimament shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change mdeq terminate this agreement as to any or all pinions of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials than in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the twomplcted Fanim of the goods anNof work, for incidental or cnnobormi ial damages, and that no such adjustment be trade or favor of the Seller with raped to my good which are the Sellers srandand stack. No such nomination shall relieve the Purchaser or the Sella ofany oftheir obligations as to my goods delivered hcrcurder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusonem must be assumed! within thirty (30) dap from the dare the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been preduttd, sold, delivcud end furnished in sure, compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents at, may be required to ethic, or evidence Compliance. All laws and regulations required to be incorporated in agreements of this character the hereby incorporsted herein by this reference. The Seller agrees to indemnify and bold the Parchment harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall maim, transfer, or convey this order, or any monies due or b become due bereurder withwt rise Poor women consent of the other party. 10. TITLE. The Seller warrants full, clear and mrcstricted title to the Puahacer for all equipment nnateeials, and items famished in performance of this agreement, free and clew of any and all liens, restrictions, mervmiom, security interest encumbrances and claims ofother, 18. INSURANCE. The Seller shall, at his awn expense, Provide for the payment of wmkm Compensation, including mcupatimsel disease benefits, to its employees employed on or in connection with the work covered by this purchase under, a dm, to their dependents in accordance with the laws of the state in which the .,it is m be come. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injuand death mits of at least 000,000 for any one person ny 5500,000 for a accident ry li one and property damage limit per accident of 5400,000. The Seller shall likewise require his Contractors, if any, to provide for such winpeniation and in e. Before my of the Sellers or his contractors employtts shall do any work upon the premises of others, the Seller shall famish the Purchaser with a Certificate that such compensation and insurbace have been provided. Such certificates shall specify the date when such compensation and insurance have Iran provided. Such cenlfic res shall specify the dam when such compensation and insurance expires. The Seller agrees that such oompcnaation and in., shall be maintained until after the entire work is completed and accepted. 19. PROTECr10N AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the mine responsibility, and liability far my end all damage, loss or injury of my kind or nature whatsoever to persons or property, caused by or resulting f the execution ofrhe work provided for in this micham order a in connection herewith. The Seller will indemnify and hold harmless the Purclvsser and any or all of the Purchasers officers, agents aid employees from and agamor any and all claims, losses, damages, charges or expeaes, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default ou the pan of the Seller, any of his contractors, or any of the Sellers or contractors oRecrs, agents m employees. In cat any it me .,her proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any rat action, neglect, omission or defuulr of the Seller of any of his contractors or any of its or their officer, agents or employees a aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own Cape., to pay may and all costs, charges, ottomep fees unit other expenses, any and all judgments that may be incurred by or obtained against the Rhrchoser or any of its or their officers, agents or employees in such sails or other proceedings, and in case judgment or other lien be placed upon in obtained against the property ofthe Purchaser, or mid parties in or as a result ofsuch suits or other proceedings, the Seller will or once Corse the same or be dissolved and discharged by giving bowl ar otherwise. The Sella and his contractors shall take all safety pucmtiow, fish and imall all guard ne easmry for the musamen of accidents, Comply with all laws ard regulations with regard to safety including, but without limoutim, the OccuPatioml Safety and Health Act of 1970 and all roles and regulations issued pursumr domo. Revised 03n010