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HomeMy WebLinkAbout479201 HEATH CONSTRUCTION - PURCHASE ORDER - 9135922 (5)Fort Collins Date: 05/30/2014 Vendor: 479201 HEATH CONSTRUCTION PO DRAWER H FORT COLLINS CO 80522 PURCHASE ORDER PO Number Page 9135922 10f2 This number must appear on all invoices, packing sli s and labels. 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 Quantity UOM Unit Price Extended Ordered Price ii Nix Farm Office Building Change Order 10 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 1 LOT EA 2,022.63 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 I. COMMERCIAL DETAILS. Tax exemptions. By stamle the City of Fan Collins is exempt from state anal local tares. Our Exemption Number is 11. NON WAIVER. 98-09502. Federal Excise Tax Exemption Carfiate of Registry 84-6000587 is m,paim l with the Collector of Failure of the Purchaser to insist upon strict perfomance of the terra antd conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Calomdo Revised Statutes 1973. Chapter 39-26.114 (a). exercise any rights or remedies provided herein or by law, failure to Promptly remb, the Seller in the and of a breach, the acceptance of or payment for goods hereunder a approval of the design, shall not releau the Sella 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 deemd a waiver of my right of the damage in Ransil, may be resumed to yeti In, credit and are not to be replaced except upon receipt of written pump rto insist upon strict performance hereof or my of its rights or remediesns to any such goods, regardless instructions from the City of Fan Collins. of when sbyp d. received or accepted, as sa any prior Or subsequent default hereunder, our shall any purported oral modifiasion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fon Collins inspection an arrival, hereof. Final Acceptance. Receipt of the merehardie, services or equipment in response to Nis order up much in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser reaction that in actual economic powder. overcharges rauhing from antitrust ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures, violations arc in fact bone by the Purchaser. Theretofore, for good came and m consideration for executing this narrow roler, she Seller hereby assipt to the Purchaser any and all claims it may now have or hereafter Tought'1'enra. Shipments ..at be F O.B., City of POn Collins, 700 Woad St., Fort Collins, CO 80522 . .... less acquired under federal or state antitrust laws for such Overcharges rcdating m the particular goad or services 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 purchase order. bill most accompany invoice. Additional charges for Packing will not be accepted. 1f PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.CATIONS. inavnnsparts the comply, min Shipment Distance.Wheremanution Purchnetdirem. Na Seller or defective tobeaprendupon a dareingness ihavedisniboningd exceta de oinivoice from clod nearest distribution prim to destination, and excess freight will be deducted from Invoice when producer unwillingness to comply, the Purchaser indicates or unwill Purchaser oiler thereafter indicares its inability and the Seller. and she Seller shipments fiipmenes arc mode from grenler distance. y thu ma v may cease the work m be perk teed by Ne most expeditious means available to it and the Seller shall pay nl may cam aster aseci:neA with such work. Permits. Seller shall procure at sellers sole cost all necessary parries, cenifem¢ and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, temtory or political subdivision where the work is performed, or capital by any other duly ereticied public v olmdty casing jurisdiction over the work of vendor. Sella fuller ogre. m hold the City of Tan Collins hornless from and option all liability and loss incurred by them by reason of an asserted or aablirhed violation of any such laws, regulations, ordirectim , rules and regairemenes. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits ace,. m the rem¢ and conditions sated herein set forth and any supplementary or additional rams and conditions amaxnd hereto or incopoated Main by reference. Any additional or different tams and conditions proposed by seller are obtained to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be eBected within the time sated on the purchase order and fire documents attached hereto. No per of the Purchasers including, without limiation, acceptance of panel lam del trims. shall opeam as a waiver. of Nis provision In the evem ofany delay, the Purthaser shall have, in addition to other legal rind 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 arc beyond its reasonable control and without its fault ofnegligence, such tams of God, acts of civil or military authorities, govemmrnml products, fires, strikes, flood, epidemics, wars or dots provided that notice of the conditions causing such delay as given to the Purchaser within five (5) da)s of the time when the Sella ! t received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the pmod equal ro the Rime actually laid by reason oflM1e delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials aid work covered by this order will conform with applicable drawings, specifications, samples coup., other descriptions given, will be 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 reduce. The Seller agrees to hold the purchaser hvmless from any loss, damage or expense which the Purchaser may sultm or incur on accounn of the Sellers breach ofwamanry. The Seller shall replace, repair or make good, without cost o the purclamer, tiny defects or faults among within one (1) year or within such longer peried of time as may be prescnbM by law or by the tees of any applicable warranty provided by the Seller after the elm of creature of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not an tidute a waiver of any claim under Nis warmnty. Except as otherwise provided in this purchase order, the Sellers liability hereumf shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of Parris; or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Producer may make changes to legal teats by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to she terra, other Nan legal corms, incuding addirmas ro or deletions from mr quantities ongtnally ordered in the specifications or drawings, by verbal or written change order. If any such charge affirm the amount due or the time of performance hereunder, an Muimble adjustment shall be made. 6. TERMINATIONS. The Purchancer may or any time by ismom change order to note this agreement as in tiny onall ponious of the en to goods that not shipped, subject tiny equad itable justment between the parties as any work awork or materials then in progress provided that me Purchaser shall nor c liable for any claims I'or anticipated prefix on due uncompleted portion victim goods andpor work. for incidenul at camcquemial damages, and tat no such adjustment he made in favor of the Seller with respect to any goods which me the Sellers standard stock. No such mandination shall relieve the Purchaser or the Seller of any oftheir obligations res to any good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim f edjnstment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants Nat all goods sold hereunder shall have been produced, sold, delivered and fumishN in strict compliance with all applicable laws and regulations to which the Goods ae subject The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorpooted in agreements of this character are hereby incorporated herein by chi, reference. The Sella agrees to indemnify and hold the Purchaser hamlets form all case, and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, transfer, or convey Nis order, or any mono m due or to become due hereunder without the ,our written consent afthe other party. 10. TITLE. The Seller warrants bill, clear and commuiceed title to the Purchaser for all equipment matenaBB, and it. famished in performance of this agreement, free aid clear of any and ell lies, restrictions, reservations, saurity, combat encumbrances and claims ofmhcrs. The Seller shall release the Purchaser and its computers of any tier from all liability and claims of any ..arum resulting from the permarmnme ofsuch work. This release shalt apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including wmranry, shot[ not be deemed to be reduced, in any way, because such work is performer or caused to be performed by the Precision. Ice. PATENTS. %%,.,a the Seller ¢ required to use any design, device, material or process movemd by letter, parent, trademark or copyright, the Seller shall indemnify and save hnmdess the Purchaser from any and all claims Encouragement by reason of the use of such Emma d design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason Of such infringement at any time during the provocation or alter the completion of the work. In case mid equipment, or any pan thereof or the intended use of the goods, B in such suit held to constitute management and the use of said equipment or pan is enjoina, too Seller shall, at its own expense and at its option, either procure fro the Northerner the night to centime using said equipment or proms, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If she Seller shall became insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a mouser or trustee for any of rbe Sellers property abusim., this order may forthwith be ware[¢ i by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofoarm used Or the compunction occur agreement and the nghm of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller B to Perform work haeunde. including the cakes of Sellers Rep eaccomer(s). on the premises i fechan, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own nick until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment art f caushed by has far installation or erection by the Sella, the Sella shall receive, maload, state and handle same a the site and become responsible therefor as though such maenads and/or equipment were being famished by tare Sella under the order. 18. INSURANCE. The Seller shall, ar 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, andWr to their depardrnrs in accordance with the laws of the sate in which the work is to be done. The Seller shall also cart, comprehensive general liability including, but cot limited to, contactual and automobile public barbiliry insurance with mostly injury was death limier of at least S300JOR fro any one pemoo, $500,000 for any one accident and property damage limit per accident of S300,000. The Seller shall likewise crquire has if any, to provide for such compensation and insimnce. Ref any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish The Purchaser with a audience that such com,samation and insurance have been provided. Such cenditoom shall specify the date when such compensation and insumme have been provided. Such certificates shall specify the date when such compensation and inummum expires. The Setter appears that such compensation and insurance sham be mainamed until ana the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fraternal all damage, lessor injuryof any kind creature whatsoever in persons or property caused by cramming from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, Ounces or calumet whether direct or indirect and whether to Persons or property to which the Purchaser may be put or subject by ecasen of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or conlractuts officers, agents or employees. In case any mit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time M warrom or by reason Of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees we aforesaid, the Seller hereby sprees to assume the defense thereof and to defend the same at the Sellers awn expanse, to pay any and all costs, charges, allomeys firm; and other exporter, any and all judgmena that maybe incurred by or obtained against the Purchaser marry of its or their olicrn, agents or employees is such suite or ocher Proceedings, and an case judgment or order lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or order proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall cake all safety precautions, famish and install all faults necessary for the prevention of accidents, comply with all lows and regulations with regard to safety including, but without limiation, the Occupational Safety all Health Act of 1970 and all roles and regulmiom issued pursuant therem. Revised 0317?010