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HomeMy WebLinkAbout495619 ECOLOGICAL ENGINEERING INTERNATIONAL INC - PURCHASE ORDER - 9120871PURCHASE ORDER PO Number Page City of PURCHASE 9120871 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/09/2012 Vendor: 495619 Ship To: NATURAL RESOURCES ECOLOGICAL ENGINEERING INTERNATIONAL LLC CITY OF FORT COLLINS C/O BRIAN P BLEDSOE PRESIDENT 200 W. MOUNTAIN 1904 MOHAWK ST FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80525 Delivery Date: 02/09/2012 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price Poudre Modeling 1 LOT LS 9,000.00 Steering Committee PER SCOPE OF WORK DATED JANUARY 6, 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 Il, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcm7s and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins m exempt flow state rend local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6001587 is registered with the Collector Of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Stamics 1973. Chapter 34-26. 114 (a). Gads Rejected. GOODS REJECTED due to failure to meet specifications, either whm shipped or due to defects of damage in transit, may be me rnext to you for credit and arc not m be replaced except upon receipt of written instrations Form the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection no arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay in cscrcisc any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance of err payment for grads hereunder or approval of the design, shall not release the Seller of any of the is aromatics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such good, regardless of whin .shipped, reed ed or acecptad, as to any prior or subsequent default hereunder, Or shall rem, Ferpur ed oral madifiextion or rescission of this purchnsc order by the Purchaser opamte is a waiter of any Of the terms hemcf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment no the pan of the City of Fort Collins. However, it is to he understood that FINAL Scllcr and the Purchaser recognize that 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 Purchnscr. Theretofore, for grad cause and as consideration for vsectning this purchase crdc, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freighl Tenn,. Shipments must be F.O.H.. City of Fort Collins. 700 wood St.. Fell Collins, CO 80522, unless acquired under federal or State antitrust Imes for such overcharges relating to the pirlicular goods or services othcns'isespecified on this order. If permission is given to prepay freight and charge scpnmely, the original freight purchased m acquired by the Purchaser pursuant In this purchase order. bill most accommp ay invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where minufaemrers have distributing points in various parts of the country, shipment is Blue Purchaser dirvas the Seller to correct nonconforming or defective grads by a date to he agreed upon by fire expected from the crest distribution point to destination, and excess freight will be deducted Form Invoice when Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchnscr shipments are made flan greater distance. may cause the work to be perfnmcd by the most expeditions means available to if, and the Scllcr shall pay ill costs assmined se. ilh such work. Permits. Scllcr shall procum at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political Subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr Ember agrees to hold the City of Fan Collins harmlcs,c flat, rod i gnima all liability and In. incurred by them by reason of as ammed or established violation of any such laws, regulations, ordinances, talcs sad requirements. Authorization. All panics to this conflict agree that the representatives arc, in fact. bona fide and Possess full and complete authority in bind Said parties. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terms and conditions stated herein s i forth and any supplcmenary or additional term and conditions annexed hereto or incorporated herein by reference. Any additinnnl or diliercal fcmms and conditions pmposed by seller are Objected round hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery, date as anted. Time is ofthe essence Delivery and pnimmance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Ptiminsers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event affray delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplicing this order elsewhere and holding the Scllcr liable for damages. However. the Scllcr Shall not be liable for lunges .as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and withmit its fault of negligence, such acts of GmI, acts ofeivil or military aothoritics, governmental priorities. Gres, strikes, flood, epidemics, was or tints provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event array such delay, the date of delivery Shall be extended for the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Scllcr ,,.at-, that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. Samples and/or 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 nature. The Scllcr agrees to hold the purchaser harmless Tom any Ions. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr 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 pmscribcd by Inv or by the term of any applicable warranty provided by the Scllcr afor the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials fumishcd by the Scllcr. Acceptance or use of goods by the Pumhascr shall not constitute a waiver array claim under this warranty. Except as otherwise provided in this purchase aide,, the Sellers liability hercundv Shall extend to all damages pmximatety caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no scent include loss ofpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by svrmcn change order. 5. CHANGES IN COM M ERC IAL TERM S. The Purchaser may make any changes to the terms. other than legal terms. including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change Omer. If any such change affects the amount due or the time ofpmfommance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchnscr may at any time by written chance order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as many svark or materials then in pmgvcm provided that the Patch... shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or stork, for incidental or consequential damages. and that no such adjustment he made in favor of the Scllcr with respect to any good which arc the Scllcrs Standard stock. No Stich termination shall relieve the Purchaser Or the Setter of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within shim (30) days Form the date the change or termination is ordered. R. COMPLIANCE WITH LAW, The Scllcr warrants that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser hamdess form all costs and damages su Raid by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. affray monies due or to become due hereunder without the prior written consent of the other pant. H1 TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials. and items finished in performance of this agreement. free and clear of any and all liens, restrictions, rescn:itions, security inerest encumbrances and claims of ethers. The Scllcr shall rdcosc the Purchaser and its contractors of say tier form all liability and claims of any nature resulting front the perfmlmo, of such work. This release, shall apply even in the event of fault of negligence of the parry released and shall extend in the directors. officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be dmmed to he reduced, in any was. bocause such work is perfommd or caused to be perfommd by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Scllcr shall indentify rend save hfrmdess the Purchaser form any and all claims for infringement by reason of the use of Stich patented design, device, material or pmecc in connection with the contend. and shall indemnify the Purchaser far any cost, expense nr damage which it may be obliged to payby reason ofsteh in Gngemcnt m any line during the prosecution or after the completion of the stork. In case said equipment or any pan fl co mf or the intended rive of the goods, is in such snit held to constitute infringement and the use of Said equipment or pro is enjoined. the Scllcr shall, at its own expense and at its option, either procure for the Purchnscr the right to continue using said equipment or parts, replace the .same with substantially equal hul nnninlringing equipment or modify it so it becomes anninfriaging. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or troslce for any of the Sellers property or business, this note, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions armors used or the interpretation ofthc agreement and the rights ofill panics herctnder shall he construed under and gnvcmed by the laws wrihe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder. including the services of Scllcrs Representative(s), on the premiscs ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry no mid work al Sclices own risk 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 Seller's own expense and to the Satisfaction of the Purchase, \Vhen materials and equipment arc Famished by others for installation or erection by the Scllcr, the Scllcr shall receive, unload, 'tore and handle same it the site and beconm responsible therefor as though such materials and/or equipment were being furnished by the Scllcr ender the order. 18. INSURANCE. The Seller shnli, at his own expense, provide for the payment of worker, compensation. including occupational disease bone Gts, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. 'fire Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and autmnmbile public liability insurance with brslily injury, and death limits of of least S300,000 for any one person, S500.17n0 for any one accident and propene damage limit per accident of S400,000, The Scllcr shall likewise require his contractors, if tiny, to provide far such compensation and insurance. Before any of the Scllcr, Or his contractors employees shall do eny work upnn the prenmises ofothcrs, the Scllcr shall famish the Purclmscr with r aenificatc that such compensation and insurance have been provided. Such certificates Shall specify the Ante when such compensation and insurance have been pmvided. Stich certificates Shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy as. umes the entire responsibility and liability for any and all damage, loss or injury crony kind or nature whoa umcr to parsons nr progeny mused by or resulting from the cx,cufirm mfthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcem. agents and employees from and against any and all claims losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Purohimr may be put or subject by reason of any act action, neglect omission or default on the pan critic Scllcr. any of his contractors, or any of the Sellers or contractors oRcem, agents or employees. In ease any suit or .,her proceedings shall be brought against the Purchasc, or its officers, agents or amployecs at any time on account or by reason of rev net action, neglem. omission or default of the Scllcr of any of his contractors or any of its or their mffccr,. agents or employees as nforesaid, the Scllcr hereby agrees to assume the defense fherenf and to defend the sane m the Sellers own expense. to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments fit may be incurred by or obtained against the Purchaser or any of its or their offects, agents or employees in such sots or other proceedings, and in case judgment or other lien he placed upnn or obtained against the property of the Purchnscr, or said panics in m rs a result ofsucb snits or other proceedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or othencisc. 1lie Scllcr and his contactors shall take all safety precautions, famish and install all guards accessory for the mmer inn of accidents. comply with all Incas and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Am of 1970 and ill talcs and regulations issued pursuant thereto. Revised 03/2010