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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9135922 (4)PO PURCHASE ORDER 913592er Page City, of 9135922 tofz ' `t Collins I Ms This number must appear ` V ` 1 1 on all invoices, packing �slips and labels. Date: 04/24/2014 Vendor: 479201 HEATH CONSTRUCTION PO DRAWER H FORT COLLINS CO 80522 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 10/31/2013 Buyer: JOHN STEPHEN Note: ... Line Description ua,,...yOrdered UOM Unit Price Price 10 Nix Farm Office Building Change Order 9 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@fogov.00m imilai�-1 4,901.08 0M Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIALDEfAILS. Tex exemption, By statute the City of Fort Collis u aempt mass, statemad local mass. One Exemption Numf is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with me Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stunts 1973, Chapter 39-26, 1 W (a). Grad Rejecoul GOODS ME= due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of women instructions from the City of Fort Collins. Inspection. GOODS are subject n the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, Services or equipment in re rroom to this order can result in authonud payment on the pod of the City of Fort Collins. However, it u o he understood Nat FINAL ACCEPTANCE is dependeat upon completion craft applicable rnryired inspection procedures. Freight Terms. Shipments most be F.O.B., City of Tom Collis, 700 Woad St. Ford Collins, CO 80522, unless otherwise specified on this order. If pemtission u given to prepay freight and charge seriously, the original freight bill must accompany invoice Additional charge far patina will and be accmod. Shipment Durance. Where manufacmrers have distributing Paints in van ns puts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pamits. Seller shall procure at sellers sole cost all n«essary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of be state, municipality, memory, or poll lical subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Tom Collins harmless from and against all liability and loss incurred by them by reason of an assured or ca blished violation of any such laws, regulations, ordinances, roles and requirements. Authonntion. All parties to this concoct agree that be representatives are, in fact, arms fide and possess full aM complete mfodry to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits ccepoace Ro the 'a. and mMieioas tested herein sa farm and any supplementary or additional terms and mrditian awexed hereto or manufactured herein by mfer me. Any additional or different terns and condition proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cammr make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be abetted within the time Stared On the purchase order and the documents attached hereto. No axis of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate s a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal -it equitable remedies, be option oI placing this aide, 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 arc beyond its reasonable control and without its fault of negligence, Such acts of Gad, acts of civil or military aulhorhia, g warrmmoal priorities, fires, strikes, flood, epidemic, wars or fiats Provided but notice of the condition causing such delay is given to the Purchaser within five (5) days of the rime when the Seller firs, received knowledge thereof. In the cent of any such delay, the date of delivery shall be extended far me period equal m the time acnully lost by prawn of the delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, materials and walk covered by Nis older will conform with applicable drawings, specifications, samples mul ar other description given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller adieus to hold the purchaser haradess from any loss, damage Or expense which 'he Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair ar make good, without cast o the purchaser, any defects or faults mining within one (1) year or within such longer period of time as maybe prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by be Sella Acceptance or use of good by the Purchaser shall not omtimm a waiver of any claim undo this waronry. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend at all damages proximately wused by the breach of any of be foregoing warmomes or guora ems, but such liability shall in no event include lass ufpmfirs err loss of tee. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal arms by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the terms. Other man legal terms, including addition to or deletions from the quamili s originally ordered in the specifications or drawings, by verbal or written change order. If any such change all'cds toe amount due or the time of rer(unmance hereunder, an ryrailable adjustment shall be made. 6. TERMINATIONS. The Purebeem, may at any time by wren change order, cautious this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between me ponies as to any work or materials then in progress provided that be Purchaser shall vim be liable for any claims for anumqual profs on me unmmplaod portion ofthe good andlor work, for incidental or comma menial damages, and but no such adjustment be made in favor ofthe Sella with respect to any good which ere be Sellers sondand stack. No such termination shall relieve the Purchase or me Seller arany of fes obligation as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within thirty (30) days fmm me die the change Or Retaliation is ordered. 8. COMPLIANCE WITH LAW. The Seller warriors that all goods sold hereunder shall have been produced, sold, delivered and f fished in aria compliance with all applicable laws and regulations m which me good are subject. The Seller shall execute and deliver such documents n may be required to effect or evidence compliance. All laws and regulation required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler ogres to indemnify and hold be Purchaser hamlets from all casts and damages surfaced by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, minter, or convey this order, or any awaies due or 10 become due hereunder wimoul the prior wainm cone' ofthe other parry. 10. TITLE. The Seller worrmts full, clear and unrestricted title to be Purchaser for all equipment materials, and items ftumuhed in performance of this agreement, free and clear of any and all liens, rediict i n, reservation, semnry intrinsic encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser ro insist upon audit perfomame of the tcross and condition hereof, failure or delay f excervisc any lights or mmdies provided herein or by law, failure to precisely reify, the Seller in the event of a breach, the acceptance afar payment fm goods hereunder or approval arms, design, .bull wt release the Seller of any of the warranties or obligations of this purchase order and shall not Be deemed a waiver army right of the purchaser to insist upon strict performance hereof a any arm rights Or remedies as m any such gmails, regardless of when shipped, received or accept d, as to any prior or subsequent default hereunder, nor shall any purpaned oral modification or rescission of this purchase older by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser Terminate mar in actual economic practice, overcharges resulting Enron submit violations are in fact home by the Poindexter. eretofore forgoodcause and as consideration for executing this Purchase order, the Seller hereby assigns to me Purthesser any and all claims it may now have or hereafter acquind under federal or sm, amitms, laws for such overcharge relating to the pconicular goads or services Followed or acquired by the Purchaser Pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs me Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the purchaser may cause the work to be performed by be most expeditious means available so it, aM the Seller shall pay all costs associated with Such .Fork. The Seller shall release the Purchaser and its cuntraaam of any tier from all liability and claims of any more resulting tram the palarname of such walk. This release shall apply even in the event of fault of negligmce of me parry released and shall extend to the direnors, reran and employees of such party. The Sellers contractual obligations, including certainly, shall not be deemed to he mluced, in any way, because each work is pert ed or rased to be perfxemW by the Pearchroult 14. PATENTS. Whenever the Seller is required W use any design, device, material or process covered by Icnm patent, trademark r copyright, the Sella shall indemnify and] save handles, the Purchaser from ivy and all claims for infnhgcment by reason of the use of such patented design, device, material or process in connection wild the common, and 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 prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intatdal use of the grinds, is in such suit held 0 constitute infringement and the use of said equipment or pan 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 egwl bur noninfdnging equipment, or modify it so it becomes traninfdnging. 15. INSOLVENCY. If be Seller shall become insolvent or baNmpt, make an assignment for be bmefir of creditors, appoint a receiver or trustee fro any of the Sellers property or biomass, this ceder may forthwith he canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions affair, used m me interpretation ofthe agreement and the lights of all panic hcram er shall be command under and governed by be laws of Ne State of Colomdo, USA. The following Addirionnl Condition apply only in raw, where the Seller is to reform work ha antler, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, dempotion or mjury to the work and/or materials before Sellers final completion and acceptance, complete be work at Sellers own expense and on me satisfaction of Ne Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, me Seller shall rteive, ualoo k store and handle same at me site and become responsible therefor is mouth such materials andlm equipment was being famished by the Sells mndee cbe order. 18. INSURANCE. The Sella shall, at his own expense, provide far'be ro rent of workers compensation, including orso suiosl disease benefits, to its employees employed on or in connection with be work covered by this purchase order, marea to their dependents in accordance with the laws of be some in which be work is an be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability inumn¢ with bodily injury and &orb limits of at least S300,000 far any one person, S500,000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and in e. Before any of the Sellers or his cuntradura employees shall do any work upon me premises of others, the Seller shall furnish be Purchaser with a certificate mat such compensation and hsumnec have been provided. Such certificates shall specify the date when such compensation and instance have been provided. Such certificates shall specify the date when such compensation and moodnce expires. The Sella agrees the such compensation and i.a, shall be maintained unlit aver me entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby summers; me entire responsibility and liability for any and all damage, loss or injury army kind or wore whatsoever to persons or prepay, caused by or resulting fmm the execution of be wok provided for in this purchase older or in interaction herewith. The Sella will indemnify and hold hurmless me Purchases and any or all of the Purchasers officers, agents and employees (man and against ivy and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person Or property m which be Purchaser may be pa or subject by reason of any ace, action, neglect, omission or default on me pan of the Seller, any of his contractors, or any of be Sellers or contrnccors officers, agents or employees. In case any suit or other pure dings shall Ire 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 der ult of the Sella of any of his contractors or any of is Or their officers, agents or employees as aforesaid, the Seller hereby agrees an assume the defense thereof and to defend the same at me Sellers awn expai 10 pay any and all costs, charges, memo, fees and oche expenses, any and all judgments but nay be incurred by or obtained again be Purchasm or any of its or their officers, agents or employees in such mots or outer proceedings, road in case judgment or afar lien be placed upon or obainmd again, the property of the Purchase, or said parties in err as a resin, of such Buis or offer pmcecdinga, the Sella will or once cause the same to he dissolved and dowlemi by giving bond or otherwise. The Seller and his commend s shall eke all safety Precaution, furtuh end inall all guards via., far the prevention of accidents, comply with all laws and regulation with regald m safes, including, but without limitation, be Occupational Safety and Health Act of 1970 and all roles and regulations issued purscau memo. Revised 03a010