HomeMy WebLinkAbout162706 CIVITAS - PURCHASE ORDER - 9133333City of
�,.F,.�o_rt Collins
Date: 06/26/2013
Vendor: 162706
CIVITAS
1200 BANNOCK ST
DENVER Colorado 80204
PURCHASE ORDERPO
913333er Page
133333 1 °f z
This number must appear
on all invoices, packing
slips and labels.
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 06/26/2013 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Southeast Community Park
Design Consultant Contract
PER TERMS AND CONDITIONS OF RFP 7494
AND AGREEMENT DATED 6-25-13
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 LS
414,650.00
Total $414,650.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxer. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmifirom of Registry 84-60NS82 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failwe or delay to
Internal Revenue, Deaver, Colorado (Ref Calomd. Revised Simmer er 1923, Chapter 39-26,114 (a).
eacaiss any rights or mmedim provided herein or by law, failure to promptly notify fire Seller in fire event of a
breach, the acceptance ofor payment for goads hereunder or approval of the design, shall fast ¢lease the Seller of
Goods Rejected. GOODS REIECfED due to failure to meet specifications, either whm shipped or due to defcts of
any of the wmrantles or obligations of this purids m order and shall not be, deemed a waiver of my right of the
damage in transit, may be retuned to you for credit and are not to Im replaced except upon mceipt of written
purchaser f insist upon shict performance narrator any of its rights or comedies u to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped received or accepted, as to any prior or subsequent default hereunder, nor shall vny purported
oral modification or rescission of this purchase order by the Purchase, operate as a waiver of my of the it.
hcspectica. GOODS au subject as the City of Fort Collins iup.fio s on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response on this oNer can resat in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from xndaust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations art in fact home by the Purchaser. Theretofore, for good cause and as consideration for ex.mting this
pumhaze order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herenfle,
Freight Terms. Shipments must be F.O.B., City of Fart Collins, 900 Wood St., Fort Collins, CO 80522. unless
acquired under federel or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this orde, if permission is given to prepay freight and charge separately, the original fright
purchased or acquired by the Purchaser pursuant m t1 apuahau order.
bill must accompany, invoice. Additional charges fen packing will not be accepted.
13.PURCHASERS OF SELLERS OBLIGATIONS.
Shipment romtance. Where manufacNrtrs have distributing points in variom pain the is
chordsPERFORMANCE
If chords Seller to correct a dateants to hot on byParch the
defeiity
Per
de d from Invoice w
expected from point m destinatioq and excess treigM will be deducted from Invoice when
or=dsby
m a
its inability or the er
a [ter indicates its
Purchaser and t e a comply,
io
the Set [an and the Sellerthereafterthe
adefr m Rome, diion
shipments ere made from greater distance.
available it, a he Seller all pay all
may cease ate work to be performed by the mast expeditious means available to it and the Shccr shell pay ell
may me di most expeditious
casts associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary p.min,y, tefiwcas and licaua required ell
w
applicable laws, ordinances and mW of the state, municipality, m political subdivision when
or
The Seller shall release the and its contractors of my her from all liability and claims of any wove
thework is pert eel,or requited by any other duly common]allmpublickesfrory havingainit illion over the wad
performed, re ordy ha
ce ofauc
resulting from the performance ofsuch work.
from and against all liability and loss
of vendor. Seller further agree to hold the City of Fort Collins hfany
them by reason of no essened or established violation Of any melt Iowa, regulations, oNinanccs, rules
incurred s
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
re
and rcquiremmn,
director, officers and employees ofsuch parry.
Authodeatim. All parties m this contract agree that the re,mandowes am, in fan, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order certainly limits acceptance to the terms and conditions samd
Lorain set forth and any supplementary or additional terms and conditions annexed hereto ar incorporated herein by
reference. Any odditional or different terms and conditions imposed by seller am Objected to vad h,mby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASMG AGENT immediately if you cannot make mmplem shipment to arrive an your
promised delivery data as noted. Time is of the assence. Delivery and performance most be effected within the time
ended oa the pumhuc oNer vad the drummer, mached heat.. No acts of the Primmers incli din& without
limitation, carcinoma ofpartial late deliveries,shot[ op.m as .waiver ofthis provision. In the coca, ofany delay,
the Purchaser fl al I have, in addition to other legal and equitable remedies, the Option of placing din order elsewhere
sad holding the Seller liable for damages. However, the Seller duali net be liable for damages as a result of delays
due to causes not easonably foreseeable which arc heyand its reasonable control and without in fault of negligence,
such coca of God, act of civil or militery andomitie, gavemmmtal uncentie;fires, strikes, Road, epidemics, wars Or
rom provided that notice of the conditions causing such delay is given to the Pardoner within five (5) days of the
time when the Seller first received knowledge thereof. In the event of my such dd., the data of delivery shall be,
extended for the period rural to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this offer will conform with applicable
dnwivgs, ipra ficaf.m, sample midi other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cart and campetence in accordance with accepted standards for work of a
similar ...a. The Seller agrees to hold the purchaser harmless from any loss, damage Or expense which the
Purchaser may suff , or trunnion account of the Sellers breach ni'moanry. The Seller shall replace, repair or make
good, without cast to the pVrI v ,,, any defects or faults arising within one (1) year or within such longer period of
time. may be prescribed by law or by the tenses of any applicable w.nacity provided by tlm Seller oiler the date of
acceptance of the goods famished hereunder (acceptance not to be unmaxambly delayed), resulting from imperfect
or defective wed done or materials f fished by the Sell.. Acceptance or use of goods by the Purchaser shall net
constitute a waiver of any claim under this moorm . Except as otherwise pmonded in this purchase order, the Sellers
liability hereunder shall extend f all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in ma event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tomes by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any chages to the terms, other than legal tents, including addiliou to or deletions fmn,
the quan ere, originally ordered in the specifications or drawing,, by verbal Or written change order. If any such
change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made.
6. TERMMATIONS.
The Purchaser may at any time by written change aide, mrminme this agreement as to my or all portions of the
goads then not shipped, subject m any Mfitable adjustment between the parties as to any work or materials then in
,,Wmna provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of tire .its anNor work, far incidental or consequential damages, and thvl no such adjustment be made in
fiver of den Seller with respect to any goods which are rise Seller standard stock. No such termination shall relieve
the Purelmor or the Seller ofany of their Obligations as to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the data the change or termination is
Ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants Oat all ...ds sold hereunder shall have been produced, sold, delivered end furnished in strict
mmpliancn with ell applicable laws and regulations to which the goods ere aubjen. The Seller shall execute and
deliver such doammenn as may be required to affect or evidence compliance. All laws end regulations required to be
incorporated in agreement of this chu am are hereby incorporated herein by [his reference. The Sell,, e.mas Ia
indemnify and hold the Purchaser himdess from all costs soil damages suffered by the Purchaser as n resold of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall resign, naufer, or convey this order, or any monies due or to became due hereunder without the
prior wdnen cement office ether party.
10. TITLE.
The Seller warrants full, clear end rmestricted t10e m the Purchase, for all equipment, mmeriels, aad he. famished
in produmame of this agreement, free and clear of my and all lien, reshlefions, reservations, security location
encmnb areas and claims ofothers.
The Selleer contractual obligations, including warranty, shall not be deemed to bei reduced, in any way, becaue
such work is performed or caused f be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, matenal or process covered by letter, patent, trademark
cor copyright, the Seller shall indemnify and save biomass the Purchaser fmm my vad all claims for infringement
by reason of the use of such patented design, device, mader nl or process in connection with ffe contract, and
shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason Orion,
infringement at any If.. during the prosecution or me, the completion of the work. In case said equipment, of
any pan thereof or the intended aso of the goads, is in such suit held to masfitum infringement and Me sec of
said equipment or pan is enjoined, the Seller shall, at its Own expense and at its optmn, either proems far the
Purchaser the fight to continue using said equipment or parts, mplam the same with substantially equal but
naninfringing equipment, or modify it so it becomes ormufn'nging.
15. INSOLVENCY.
If the Seller shall become ineolven, or badlaupq make an assignment far the bmcft of creditors, appoint .
receiver or trustee for any of the Sell. property or business, this order may forthwith he canceled by ffe
Purchaser without liability.
16. GOVERNING LAW.
The defrnimm, efterms used or the in[erpanrom ofthO agacment and the right of all parties hereunder shall be
mastmed under aad... mail by the laws afdhe Slate of Colorado, USA.
The following Additional Conditions apply only in sus where the Seller Or to perform work hereunder,
including the services ofSellne Ralinnantatioe(s), on the premises of offers.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Se11Ns own risk until the same is fully completed and accepted, and shall,
in me of any incident. desuuetren or injury to the work andror materials before Sellers final completion and
acttptavce, complete the work at Scllets own expense and to the satisfaction of thc Purchaser. %an materials
and arluip rant are turnaround by offer far installation or erection by the Seller, the Seller shall receive, unload,
time and handle same at the site and become responsible therefor as though such materials and/or equipment
were being firmished by the Seller under the Order.
IS. MSURANCE.
The Seller shall, at his own erpeue, provide for fire payment ofworkers compensation, including occupational
disease benefits, to its employees employed on or of comeclicn with the work covered by this purchase oNer,
and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller
,ball also carry comprehensive general liability including, but not limited m, contractual and adroubilc public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
eomrec[on, if any, to provide for such compensation and insurance. Before my of the Sellers or his centracmrs
employees shall do any work upon the promises of oth., the Seller shall fumuh the Purchaser with a certificate
that such comparison.. end inmrence have been provided. Such eedhlcater shall specify the date when such
ar,ca sation and insurance have been provided Such cmtificates shall specify the date when such compensation
and insurance expires. The Seller agrees flat such compensation and insurance shall be maintained until after the
online work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby comment the entire responsibility and liability for my and all damage, lass or injury ofany kind
or nature wharsoever to person or Property mused by or resulting from the execution ofthe work pervaded for in
this purchase order or in connection hemwith. The Seller will indemnify and hold harmless the Purchaser and any
r ell of the Purchazersfi occrs, agents and employees froga m and ainst any and all claims, losses, damages,
,lunges or expenses, whether direct or indirect end whether to persons or property to which the Purchaser may
be put or sold., by reason of my ad, Orion,aneglect, omission or defeat, on the part of ],a Seller, any of his
contractors, or my of the Sell. or contmdors officers, agents or arriti ter. In com, any suit or other
proceedings shall be brought against the Purchase, or its officers, men= or employees a, any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of her contractors or any of in or
their Officers,agents or employees as afomsaid, the Seller hereby agrees to assume the defense themof and to
defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
Obtained against the property of the Purchaser, or said if. in or as is result of such suit er other pracimem ,,
the Seller will as more cause the same m be, dissolved and discharged by giving bond or offervdu. The Sell, and
his contractors shall take all safety precautions, Fourth and instill all guards necessary for fie prevention of
accidents, comply with ell laws and regulations with regard to safd, including, but without limitaton, the
Occupational Safety and Health Act of 1920 and all rules and m,I. ions issued pursuant thereto.
Revised =010