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HomeMy WebLinkAbout310503 ECONOMIC & PLANNING SYSTEMS INC - PURCHASE ORDER - 9143262 (2)PO PURCHASE ORDER 914326er Page C117/ of PURCHASE 262 1 of z ' `tCollins( This number must appear �.I " on all invoices, packing sli s and labels. Date: 06/16/2014 Vendor: 310503 ECONOMIC & PLANNING SYSTEMS INC 2295 GATEWAY OAKS DR SUITE 250 SACRAMENTO CA 95833-4210 Ship To: CITY MANA CITY OFF T COLLINS 300 LAP RTE AVE CITY ALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 06/11/2014 / Buyer: PAUL, GERRY Note: Line Description 2 Affordable Housing Policy Stud Transfer from P09140201 P14 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.mm UOM 1 LOT EA Unit Price Total Invoice Address: Price 40,389.40 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCLV.DETAILS. Tax exemptions. By same We City of Fora Collins is exempt from state and local axes. Our Exemption Number is 98-04502. Federal Exce, Tax Exemption Certificate of Registry 84,A00587 is registered with the Collector of Internal Revenue, Hoover, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped or due to deicers of damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of written insurance. from the City of Pon Collins. Imp crion. GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in amhorixed payment on We less of the City of Fort Collins. However, it is to b, understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable mluiced irepmtion procedures. Freight Tams. Shipments most be F.OD., City of Too Collins, 700 Wood St. Tom Collins, CO 80522, unless otherwise specified on this under. Upermission U given to prepay freight and charge separately, the original freight bill must accompany isomer. Additional charges for packing will cot be meaped. Shipment Dismal. Where manufacturers have disWbuting Pair in various, pans of the country, shipment is expected [man the almost distribution point to destination, and excess freight will be deducing from lavoice when shipments are made from greater distance. Perils. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political .subdivision where the walk is performed, or required by nny other duly mmtitmed public authority hall ngjuridimion over the work of vender. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asseMd or established violation of any such laws, regulations, ordinances, roles and requirements. Authoriratim. All parties to this contact agree dual We representatives are, in fact, bow fide and possess full and complete authority to bid said ponies. LIMITATION OF TERMS, This Purchmr Order expressly limits acceptance as the arms and conditions stated herein set forth and my supplementary or additional team and conditions aanexed hereto or incorporated herein by reference. Any additional or different eam and conditions proposed by seller as objected to and hereby jmled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGHNIimmediately if you mount make complete shipment to naive on your promised delivery date as noted. lime is ofthe essence. Delivery and performance must he effected within the time stated ou the purchase order and the dactnnents enriched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision, In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option '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 are beyond its reasonable combat and without its fault orn,gligence, such acts ofGd, acts ifcivil or military authorities, Sweenrmenul amnows, fires, strikes, Rod, epidemics, wars ar riots Provided door retire of the codlRam causing such defy is given m the Purchaser within five (5) days of the time whim the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the partial egnal W the time acnully lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and wad covered by this order will conform with applicable dementia, specifications, samples surfer a ff r descriptions given, will the, fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m held the purchaser harmless from any loss, damage or expense which dhe Purchaser may suffer or incur on account ofthe Sellers breach of waranry. The Seller shall replace, repair ar make Send, without coal o the purchaser, any defeats or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the rams of my applicable warranty provided by the Seller afar the date of acceptance of the goods garnished hereunder foreptace not to be umersonably delayed), resulting fmm imperfect or defective work done or materials famishd by the Seller. Acceptance or use of goods by the Purchaser shall not omtimte a waiver of any claim under this warranty. Except is, otherwise provided in this purchase order, We Sellers liability hereunder shall extend m all damages pmximmely armed by the breach of any of the foregoing warranties or guvamee; but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABI Lin OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make ch-,-m legal lams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 1p the lams, other than legal term, including dditims m or dolmans floor the qu:mcities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the dime of perfomance hereunde, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change order, lermimle this agreement as to any or all Ponims of the good then not shipped, subject m any equitable adjustment hhveen the ponies as to my work or materials then in progress provided dust the Purchaser shall not h liable for my claims for anticipated profits on the uncomplad portion of the goods and/or work, far incidental or casco,watial damages, ad Rest w such adjutue,m be made in favor of the Seller with respect to any goods which or the Sellers standard stack. No such fennimnion shall relieve the Purchmer or the Seller ofmy of their obligations as m any good delivered harnder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he, asserted within thirty (30) days from the dale the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in and compliance with all applicable laws and regulations m which he goods am subject. The Seller 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 Seller agrees out idemuify and hold the Purchaser hamlets from all costs and damages suffered by the Purchaser as a result of the Sellers failure in comply with such law. 9. ASSIGNMEW. Neither party shall assign, broader, or convey this order, or my mordu due or to became due hereunder without the prior wrinrn consent of We other parry. iRTITLE. The Seller warns full, der and unrestricted tide to the purchaser for all readmirnt, materials, and items fiuvished in performance of Was agreement, free and clear of my and all liens, restriction, reservations, sawry interest moumbrm<es and claims of others. 11. NONWAIVER. Failure of the Putcbaur 1u insist upon tender pee( are of the teas and conditions hereof, failure or delay to exercise any rights or crouches provided herein or by few. failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment far goods hereunder a appmwl ofhe design, shall tout release the Seller of any of the warranties or obligations of this purchase order and shall not he dremed a waiver of any right of the purchaser to insist upon stria performance hermfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchmer operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rroogniae that in actual economic practice, o eahmges resulting from antitrust violations are in Net bore by the Purchaser. Theretofore, for goad came and as consideration for executing his prechasc maker. the Seller hereby assigns do the puaham any and tell claims it may now have or herea0er acquired under Radial or sate antimut laws for such overcharges relating to the paniculm goods or services purchssed or asaf rd by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comer nonconforming or defnw, goods by a date to he agree upon by the Purchaser and the Sella. the Seller toomfi er 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 shall pay all osts associated with such work. 'Ibe Seller shall releae the Formula and its mnnacmrs of any it,, from all liability end claims of any nacre resulting from the performance of tech work. This release shall 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 Scllefs contmetual obligations, including warranty, shall oat be deemed m ber reduced, in any way, because such work is performed or caused to h performed by the Purchaser. 14. PATENTS. Whenever the Sella is required m use my design, device, material or process covered by letter, patent, fmdemad or copyright, the Sella shall indemnify and save harmless the purchaser from any and all claims for infringement by reamer of the use of such patented design, device, material or process in eoaneclion with the contact, and shall indemnify the Purchmer for any cost, expense or damage which it may be obliged to pay by anion of such infringement at any time during the prosecution or offer the completion of the work. In arse said equipment, or any pan thereof or the included use of the goods, is in such suit had 0 constitute infringement and the me of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said argument ar parts, replace the same with substantially equal but noninGnging equipmem, or modify it so it becomes ramifnngin, 15. WSOLVENCY. If the Seller shall become Imadvent or bmkrupt make an assignment for the benefit of caditor, appoint a proadver or trustee for my of the Sellers property or business, this order may forthwith h canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tears used or the retrogradation ofthe agreement and the rights of all talon hereader shall h commercial under ad governed by the Uses of the Safe ofCdomda, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Represio ative(s), on thecases premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same a fully completed and accepted, and shall, in area of any accident, destruction or injury to the work arbor mataiak before Sellers final completion and acceptance, complete the work at Sellers own expense and to Rs, wtisfctim of the Purchaser. When materials and irrational art f caushd by others for installation or erection by the Seller, the Sella shall receive, wall stow and handle are at the site and become responsible theater as Wougp such ammals and'or equipment were being fumishd by the Sella make the order. 18. INSURANCE. The Seiler shall, at his own expense, provide fro the payment of workers compensation, including occupational disease hafts, to its employees employed on or in ronnection with the work coveted by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the wad is to be done. The Seller shall also wry exmprehendee gmaal liability including, but not limited to, contractual and automobile public liability insurance will, badly injury aad death limits ofal least E300,000 for any one person, 5500,000 for my one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, irony, to provide for such compensation and imurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and instance expires. The Seller agrees cut such compensation and insurance shell be maintained until after the entice work is mingled and accema 19. PROTECTION AGAINST ACCIDENTS AND DAMJiGES. The Sdka hereby ass es case entire responsibility and liability far any and all damage, loss or injury ofmy kind or nature whalsoaer to persons or property caused by or resulting from the exewRon of the wad provided for in this purchae order or in connection herewith. The Seller will idemnify and had hmmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against a, slid all claim; losses, damages, charges or expenses, whether direct or indirect, and whether as persons or property to which the Purchaser may be put or subject by reason of any act, action, nrglect, omission or defoult on the pan of the Seller, any of his contractors, or any of the Sellers or contractors olBcas, agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its officers, stairs or employees at any time on account or by reason of any mt action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees u aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, W pay any and all costs, charge; mmmcys fees and other expenses, my and all judgments that may be incurred by or obtained against the Functional or any of its or Wrir officers, agent or employees in such stairs or other proceedings, and in cue jdgmwt or other lien be placed upon or obtained against the pmlaerty offle Purchaser, or said panic in or u a.11 of such suits or other proceedings, Re, Sella will at once cause the sane, to her dissolved and dialsoMad by giving band or mhervise. The Sella and his contractors shall take all salary pre at iors, fumUh and imall all goods accessary for the pmentim of accidents, comply with all laws and regulatiam with regard to safety including, but without limiaton, the Dragooned owl Safety and Health Act of 1970 and all rules and regulations nomad pursuant thereto. Revised 03=0