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HomeMy WebLinkAbout421349 NILEX CIVIL ENVIRONMENTAL GROUP - PURCHASE ORDER - 9142402Fort Collins Date: 04/30/2014 PURCHASE ORDER Vendor: 421349 NILEX CIVIL ENVIRONMENTAL GROUP 15253 E FREMONT DR CENTENNIAL CO 80112 PO Number Page 9142402 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/30/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I VEGETATION SUPPLIES MATERIAL QUOTE 04.22.2014 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 6,555.00 Total 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 smile the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-WO587 is registered with the Collector, of Failure of the Purchaser to insist upon amen pa onnantt of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumatra 1973, Chapter 39-26, 114 od. exercise any rights or remedies provided herein or by low, failure to promptly notify the Sella in the event of a breach, the acceptance ofor payment for goods hereunder or apptoval ofthe design, shall not release the 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 purchase order and shall not be deemed a waiver of any eight of the damage in eansit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its nghfs or remedies as to any such goods, regandless instructions from the City of Fort Collins. of when shipped, received or accepted, as W any prior or subsequent default herewder. nor shall any purported atel modification or rescission of this purchase oNer by the Pmchser operate as a waiver of any of the tenor Ispwltion GOODS are subjorl m On City of Fort Collin inspection on am od. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order cm result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an me pan of the City of Fan Collins. However, it is to am understood that FINAL Sella and the Purchaser recognize that in actual a u practice, overcharges; m resulting fmantitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. violation we in fact home by the purchser. Therewfirre, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must Ise F.O.D., City of Fan Collia, IN Wood St, Fort Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges relating an the particular goods or service otherwise specified on this oNer. If pemissian is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant m this purchase wt n. bill mast accompany invoice. Additional changes for packing will rim be arccttad. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactures have distributing points in various pans of the country, shipment is IfOe Purchaser directs the Sella to correct communicating or defective goods by a date to be agreed upon by the expected from the nearest distribution point to delination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm getter distance. may cause the work m be performed by the mast expeditious means available to it, and the Sella shall Pay all costs assacwud with such work. Permits. Sella shall procure at sellers sale cost all necessary permits, cor fficies and licenses required by all applicable laws, regulations, otdiarcs, and tales of the suite, municipality. territory or political subdivision where the work is performed, or required by any other duty emotional public authority having jurisdiction over the work of version. Sella further agrees to hold the City of Fort Collins hamless from and against all liability and loss incurred by them by reason of an assured or establlshad violation of any such laws, regulations, ordinance, tales and "ifirconows. Amoomm.... All now. to this contract agree that the relemesentatives art, in fact farm fide and is esess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sa fired and any supplemmury or additional terms and condition mmexal hereto or incorporated herein by reference. Any ack itionol or different terms and conditions proposed by seller are objected to and hereby pried. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you coutot make complete shipment to amve on your promised delivery date as noted. Time is of the esxnce. Delivery and performance most be efrected within the time stated on the purchase order and the documents matched hereto. No was of the Purchsen including, wolwut limitation, acceptance afpanial late deliveries, shall attack as a waiver ofrinis Franconia. In the event of any delay, the Precision shall have, in addition t0 other legal and equitable re ac io, the option of placing this order elsewhere and bolding line Seller liable for damages. Howsvor, the Seller shall not M liable for damages s a result of delays due to causes not reasonably foreseeable which are beyond its reasonable annual and without its fault of negligence, such acts ofcad. arts ofeivil or refinery authorities, governmental priorities. fires, sWkrs, Bond, epidemic, wars or hots provided that notice of the conditions casing such delay is given to me Purchaser within five (5) days of the time when the Sella fast received knowledge thereof. In the event of my such delay, the date of delivery shall be extended far the period equal to the time actually lost by reason ofRm delay. 3. WARRANTY. The Sella warrants Nat ell Good, articles, materials and work coverts by this order will conform with applicable drawings, specifications, samples ardor other descriptions given, will be fit for the purposes inended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a imilar nature. The Seiler agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur oa account of the Seller breach of wammy. The Seller shall replace, repair or make good, without cost in the purchaser, any defects or faults amusing within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaer shall not consulate a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no 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 terms by written change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchisa m+y make any changes to We terms, other than legal terms, including mldniona W or deletions Lou, the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount date m the time of perfmance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written charge order, lemionte this agreement as to any or all protons of the goods then not shipped, subject to any equitable adjustment between the parties to to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the good ampor work, for incidental or emsequenual damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such lemimtion shall relieve the Purchaser or the Seller ofany of their obligations s to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and f misted in snict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may b, required to effect or evidence compliance. All laws and regulations required to be inconpoared in agreements of this chateau are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or any monies due or W become due hereunder without line prior written consent of the other parry. 10. TITLE The Seller warrants full, clear and umesnlcred title a the Purchaser Can all equipment materials, and item f natal to performance of this agreement, free and clear of any and ell lies, restrictions, remalioa, aecuriry far., rncumbavices and claim of others. The Seller shall release the Punctuator and its contractors of any tier from all liability and claims of any retire esultingf the performance ofsuch work. This releam, shall apply even in the event of fault of negligence of the party released and shall extend no the directors,i icas and employees fsuch party. The Sellers contmetal obligations, including wamnry, shall not be doomed to ha reduced, in any way, because such work is perfomed or ..it Inc be performed] by the Purchaata. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by loner, parent trademark or copyright, the Sella shall indemnify and save harmless toe Purchaser firm any and all claims for infringement by reason of the use of such patented design, device, m.enal or process in ri m encor with, the common, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to Pay by sawn of such infringement at any time during the pro.cmimr or after the completion of the work. In rase said equipment, or any pan thereof or the intended use of the good, is in such suit held to continue infringement and the use of said equipment or pan is jawed, the Sella shall, at its own expense and at its option, either procure for she Patch., the night m continue using said equipment m pans, replace the same with substantially equd bat noninGnging equipment, or modify it so it becomes noninfringing. I5. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefl of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms sd or the imemicamon oftbe agreement and the fight ofall parties hereunder shall be constmed under and governed by the laws of the Stale ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform walk hereunder, including the services of Sellers Represenutive(s), on the premises oforbers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the sane a fully completed and accepted, and shall, in u of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work w Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are End hed by others fir installation or erection by the Sell,,, the Seller shall receive, wload, m store and handle same the site and become responsible therefor as though such materials an lmr equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at 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, author to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, communist and automobile public liability insurance with buddy injury and Jcwh limits of at least S300,g00 for any one persons $500,000 for any e evoident and pmpeny damage limit pa accident of S400,000. The Seller shall likwise erequire his nntractors, if any, to provide for such compesmiun and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of ethers, the Seller shall famish the Purchase with a renificate that such eompenmtion and memance have been provided Such certificates shall specify me date when such nmpesation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. T he Seller hereby ssume the entire mi con ado, and liability for any and all damage, loss or injury ofany kind or velure whatsoever to Persons or pmperry caused by or resulting from the execution of the work provided for in this purchase order or in ennneclion herewith. The Sella will indemnify and hold hornless the Pwohsa and any r all of the Purchsen officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether W person or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on line pan of the Seller, any of his contractors, or any of the Sellers or contractors olEcas, agents or employees. In rese any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by much of any act, action, neglect, omission or default of she Seller of tiny of his contractors or any of its or their officers, agents or employees not aforesaid. fire Seller hereby agrees to assume she defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments limit may be incurred by or obainal against foe Purchaser or any of its or their of rat, agents or employees in such suits or odder proceedings, and in case judgment or other lien be placed upon m obtained again. he Pa.,, of the Purchaser, or said parties to or as a maul, of such stairs or other proceedwgs, me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and imall all guard necessary for she prevention of accidents, comply with all laws and regulafioa with regard to safety including, but without limitation, the Occupational Safety aed Health An of 1970 and all tales and regulations issued pursuant thereto. Revised 03n010