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HomeMy WebLinkAbout310503 ECONOMIC & PLANNING SYSTEMS INC - PURCHASE ORDER - 9143262Fort Collins Date: 06/11/2014 PURCHASE ORDER Vendor: 310503 ECONOMIC 8: PLANNING SYSTEMS INC 2295 GATEWAY OAKS DR SUITE 250 SACRAMENTO CA 95833-4210 PO Number Page 9143262 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 06/11/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Affordable Housing Policy Stud 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 12,945.30 Total $12,945.30 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 affair Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502, Federal Excise Tax Exemption Cart of Registry 84-6000587 is registered with the Collector at Failure Of the Purchasa to insist upon strict performance critic terms and conditions hereof, failure or delay to lot emal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the 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 nm be deemed a waiver of any right of the damage in tormit, may be rammed to you for credit and are not to h replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instmclums from the City of Fort Collins. of when shipped, received or accepted, ns to any prior or subsequent default hereunder, nor shall any puryoned oral modi (cation or rescission of this purchase order by the Purchaser operate as a waiver of any of the tenor Inspection. GOODS are subject to the City of Fort Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in expense to this meet can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, it is to b, underswod thaFINAL Seller and the Purchaser recognize that in actual economic practice, o erbacrger resulting from an mot ACCEPTANCE is dependent upon completion of all applicable requi d inspection procedures. violations are in fact Fame by the Purchaser. Theretufoe, pagOW cause and its consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or heeafrer Freight Terms. Shipmenb most be, F.O.B., City of Fart Collins, 700 Wood St., Tom Collins, CO 80522, unless required under federal or some amitmst laws for such overcharges relating to the particular goods 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 o this purchase area. bill must accompany invoice. Additional charges for Packing will not be accepted. Shipment Distance. Where manufacturers have distributing Winos in various parts of the country. shipment is expected from the nearest distribution point to deslburlon, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licauses required by all applicable laws, regulations, ordinances and tales of the state, municipality, canary at political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work mfvmdis, Seller further agrees to hold the City effort Collins harmless form and egaiont all liabiliy and loss imposed by them by reason of an asserted or established violation of any such taus, cegolatiom, ordiannces, tales and mluiements. Authorization. All parries b 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 acceptance to the arms and conditions stared herein set forth and any supplementary or additional ream and conditions annexed harem or incorporated herein by reference. Any additiond or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dais as noted Time is of the comme. Delivery and performance must be cfeded within the time slated on the purchase order and the documents attached hereto. No acts of the Purchssm including, without limitations acceptance of partial late deliveries, will op om as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to order legal and equitable tcmcdies, the option of pWcing this order elsewhere and holding the Seller liable for damages However, the Seller shall trot l e liable for damages as a sesult of delays due to muses not reassembly foreseeable which are beyond its masoruble commy and without its fault of negligrnee. such act of God acts ofciv d or military authorities, governmental priorities, lines, strikes. Rand, epidemics, cars or room provided that notice of the conditions causing such delay is given a the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period ryual to the time actually last by reason of the delay. 3. WARRANTY_ The Sella warrants that all good, articles, materials and weak covered by this order will conform with applicable dmwivgs, spciftcatiorm, samples and/or other descriptions given, will be fit for the Lampasas, intended, and performed with the high. degrte of care and .,,arm in accardance with accepted standard for work of is similar nature. The Seller net to hold the purchaser harmless from my loss, damage or expense which the Purchaser may sulTa or incur on account of the Sellers breach i f warranry. The Sella shall ¢place, repair or make good, without test to the pficchamr, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the emss crony applicable warrant, provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be umeas umbly delayed), resulting from imperfect or der twe work done or materials borrowed by the Sella. Acceptance or ass, of goods by the Rochester shall not common, a waiver of any claim under Nis wo manty. Except as otherwise provided in this purchase oeer, the Sellers liability hereundn shall extent Ira all damages proximately saved by the breach of any of the foregoing ismomia or guarantees, but such liability shall in no occur include lass of profits or loss of ore. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Forebear may make changes as legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantifies originally ordered in the specificatiora or drawings, by vabal or wnnm change seer. If my such change affects the amount due ar the time ofperforrwlce bereunda, an equitable ndjustmmt shall be rnsde. 6. TERMINATIONS. The Furchasa may at any time by written change Oder, terminate this agreement as to any or all lswaiuro of One goods then wit shipped, subject m any equitable adjustment between the panic as to any work or materials than in progress provided Nat the Purchases shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or wrsequemed damages, and that no such adjustment be made in favor of the Seller with respect to any goods which ere the Sellers standard sock. No such termination shall retrieve the Purchaser or the Seller Ofarry of lbxi, obligations as to any goods delivered haeunda. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be, asserted within thirty (30) days boom the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and Famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations repaired to be roommates] in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemNly and hold the Purchaser hornless form all costs and damages suf'eted by the Purchaser as a result of the Sellers; failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey Nis Order, err any monies due or to became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for at I yuipment, materials, and items Famished in performance of this agreement, free and clear of any and all liens, restrictions, commotion, memory interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser mmets the Seller to correct nonconforming or defective good by a data in he agreed upon by the Purchaser and the Sella, and the Sella thamfia indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller still pay all costs assmisted with such work. The Seller shall ¢lease the Purchsser and its contractors of any tin from ell ],.bit iry and claims of any carom exulting form the performance of such work. This ¢lease shall apply evco in the event of fault of negligence of the parry released and shall extend m the diremors, officers and employres ofsach pray. The Sellers contractual obligations, including warranty, shall not be demN to ba reduced m any way, because such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is obtained to use any design, device, material or pmess covered by letter, patent, tmd,mad or copyright. the Seller shall indemnify and save hemlcss the Purchaser from any and all claims far infringement by reason of the use of such p maed design, device, material or process in correction with the contract, and shall indemnify the Purchaser for any evert, experee or damage which it may be obliged to pay by reason ofsuch infringement at any time during the proseeution or goer the completion of the work. In case said attainment, or any two flumbi or the intended nee of the goods, is in such suit held to commade infringement and the use of mid equipment or pan a enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or ports, replace the same with substantially appeal but noninfringing equipment, or modify it so it becomes noninlHnging. 15. INSOLVENCY. If the Seller $bull become insolvent or bankmpt, make en assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchsser witlmw Liability. 16. GOVERNING LAW. The defnations afterms usN or the iatatoriasion ofthe agrmnent and the rights ofall wales hemundat shall be construed under and governed by the Laws ofNe Sum afC,dowder, USA. The following Additioml Conditions apply only in cases where the Sella is to perform work herewda, including the smica o'Sellm Repesentativc(s), on the Pmnhs of others. IT. SELLERS RESPONSIBILITY. The Sella wall carry on said work at Seller's own risk until the some is fully completed and accepted, and shall, in asa of any accident, dedo uctim or injury to the work coupon materials before Sellers furl completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the f orebssn. When materials and quip r at are fumished by others for installation or acmiew by flue Sella, the Seller shut receive, argued. store and handle wine in she site and beeomc responsible therefor as though such materiels andlor eeuipment were being furnished by Nc Seller unda the area 18. INSURANCE. The Sella shall, at his own expertise, provide far the payment of workers compensation, including occupmimul disease benefts, to its employees employed an or in com¢cum with the work covered by this pushes, oMe,, anNoc to their dependents in weemsonce with the laws of the stare in which the work is ro be done. The Seller shall also carry comprrhensive, general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 fat any one penury S500,000 for any one accident and propertp damage limit per accident of S400,Wq. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon th premha of others, the Seller still famish the Purchaser with a certif care tat such compensation and insurance have been provided. Such reeficates shall specify the date when such compenmtion and insurance have ban provided. Such certificates shall specify the date when such compenmtion and insurance expire. The Sella agrees that such compensation and insurance well be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire respansibiliry and liability for any and all damage, loss or injury of any kind or rlvlue wxhasocver to persons or property caused by or resulting form the execution ofhe 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 ollicen, agents and employees from and against any and all claims, losses, damages, chrga or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be, pm or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors Of icers, agents err employes. In case any suit or other pmcctdings shall be brought against he Purchaser, or its offiam, agents or employees at any time an account or by reason of any net, action, neglect. emission or default of the Seller of any of his contmem s or any of its or their oficers, agents or employees as; aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same .1 he Sellers own expanse, to pay any and all costs, charges, aammeys fax and other romances, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon of oberined against the property of the Purchase, or said panics in or as a result of such suits or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wilbom limitation, the Occupational Safety and Health Act of 1970 and all rules and egulations ismedpursuant thereto. Revised 032010