Loading...
HomeMy WebLinkAbout386393 ECI SITE CONSTRUCTION - PURCHASE ORDER - 9145253City of F�or_t Collins Date: 09/11/2014 Vendor: 386393 ECI SITE CONSTRUCTION ATTN: RICK COULTER PO BOX 2135 LOVELAND CO 80539 PURCHASE ORDER PO Number Page 9145253 1of2 his number must appear on all invoices, packing slips and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 09/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price I Fossil Creek Trail Underpass 1 LOT LS 968,301.92 at Trilby Rd NA Portion T. PER TERMS AND CONDITIONS OF BID 7664` AND AGREEMENT DATED AUGUST 15, 2014- 2 Fossil Creek Trail Underpass 1 LOT EA 113,000.00 KFCG' 3 Fossil Creek Trail Underpass 1 LOT EA 200,000.00 State Parks Grant .. Total $1.281.301.92 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 Pay terms net 30 days 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. COMMERCW.DETAIIS. Tax exemption. By statute the City of Fort Collimis exempt fmm state and label taxev Om Exemption Numbwis ILNONWAIVER. 98-04502. Federal Excise Tax Excinpuon Certificate of Registry 84-li000587 is registered with the Collector of Failure of the Purchases to insist upon strict performance of the terra and conditions be<cf, fat'lo u or delay to Internal Revenue, Deaver, Colorado (R,L Colorado Revised Statutes 1973, Chapter39-26, 114 (a). exercise any rights or remedies provided herein or by law, failuu to promptly aafi fy the Seller in the event of a bench, floe acceptance for payment for gods hereunder or approval ofthe design, shall oat relax the Seller of Goodin 0. jetted GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of my of the warranties or obligations of this pmulsom order and shall not be domed a waiver of any right of rise damage in transit, may be returned in you for credit end are not to t, replaced except upon receipt of written purchaser to insist upon stria ma perfornce hereof or any allies rights orra edies as to any such goods, regamless bum nexctions frothe City of Fart Collins. of when shipped, received Or accepted, as f any prior or subsequent default heeundea, nor shall any puryortcd oral maLifiadon or rewhadem of thB purchase order by the Purchase optimum as . waiver of any of the harm Inspection. GOODS art subject to the City of Fort Collins inspection as instant. hereof. Final Acceptance. Receipt of the mrchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mainland payment on the part of the City of Fort Collins. However, it is to he undersrood that FINAL Seller end Ne Parchattr recognize Nat is actual au ... a c practice, overcharges resulting from antitrust ACCEPTANCEis dependent uponcompldion ofallapplimble requirediexpectionprocarres. victorious sm in fact home by the Purchaser. Theretofore, for good awe and as consideration for eawiting this purchase aide, the Seller hereby assign to the Purelinum sty and ell claims it may raw have or hawfier Freight Term. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, am. acquired under, Submit or state antitrust laws for such oveclow of relating to fe tormentor goods or services otherwise specified on this older. Ifpemricsion is given to prepay ficight and charge separately, thc original freight purchased or acquired by hie Purcbmer pursuant to this purchase Omer. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufutumre have distributing points in various parts of Am country, shipment is Ifthe Purchaser directs the Seller to coved nonconforming or defective goods by a date to be agreed upon by the expend from the almost distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Sege, end the Seger thereafter indicates its inability or unwillingness to comply, thePmchncr shipments are made Iron Bremer distance. may came the work to be perfumed by die most expeditions means available to it, and the Seller shall pay all costs assacimed wif such work Pcmdts. Seller shall pmcare at sellers sole cost all necessary permits, certificates and liceuses natural by ell applicable laws, regulation, omi... sea and roles afthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly cmmimhd public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fall Collins harvdess from and against all liability and loss incurred by them by mason of an asserted or establishd violation of any such lass, regulations, ominances, roles and requirements. Announced.. All parties to this contract ague that the representatives sure, in fact, bona fide and possess Poll ad complete ..,bony to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the firms and conditions stated herein set forth end any supplementary or additional terra end condition annexd herein or incorporated herein by reference. Any additional or different erm and condition proposed by seller are objemed to and hereby reject 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdieely if you moral site complete sbipment to arrive as your promised delivery date as noted Time is of the essence. Delivery mid performance must be effected within the time stated an the purchme order and the documents attached ],all., No acts of the Pnrcha en including without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In m event orally delay, the Purchaser shall have, in addition u, other legal arW equitable remedies, the option of pladng this Omer elsewhere and holding the Seller liable for damages. However the Seller shall not be liable for damage as a result of delays due to causes not reasonably foreseeable which we beyond its reasonable central and without its fault of negligence, such mw of Gad, acts ofcivil or military authorities, gom unwastpmnfies, Gres, strikq Rood, epidemics, wars or riots provided That notice of the conditions causing such delay is given to the Pumhucr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to due time actually last by reason of the delay. . 3. WARRANTY. The Seller wmrsnb that all goads, articles, materials and work covered by this Omer will conform with applicable drawings, specification, samples and/or other descriptions giver, will be fit for the purposes Intended, and pa rota d with lie highest degree of care and competence in accordance with accepted standards for work of a similar mane. The Seller agrees to hold m purchaser hmeness from any lass, damage or expense which the Purchaser may sutler, or incur on account of the Sellers breach ofewmay. Thc Seller shall replace, repair or make gad, without cost to the purchase, any defects or faults arising within one (I) year or within such longer Friod of time as may be prescribed by law or by the terms ofully applicable wmrmly provided by the Seller one, the it.,. of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work don, or mammals fumisbd by the Seller. Acceptance or sett of goads by the Purchaser shall root a atimte a mivcrofmy claim under this wananry. Except as oferwise provided in this purchase omet, the Sellers liability hereunder shall extend f all damages proximately awed by the breach of any of fn foregoing wamnlies or gul a wares, but such liability shall in an event include loan ofproGts or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal twores by written change order. 5. CHANGES IN COMMERCIAL TERMS. Tim Purchaser mry make any changes to the team, ofer than legal lure. including additions to or deletions from the quantities originally ordered in the spccificaGoos or drawings, by verbal or written change order. If any such change aReca the amount due or the time ofperfommeou hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any sine by written change Omer, tetmimte this ageemnt w to any or all portion of fe goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pm,ex. provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ,brtion of the goods anchor work, for incidental or consequential damage, and that no such adjustment be made in favor of the Sella wif respar to any goods which arc the Sellers standard stack. No such temhinstian shall mlieve the Purchaser or the Sella ofully of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be assured within thirty (30) days floor the date the change or lamination is ordered. B. COMPLIANCE WITH LAW. The Seller warms, that all goods sold hereunder shall have bun produced, sold, delivered and famished in inner compliance with roll applicable laws and regalwions to which the goods arc subject. Tim Seller shall execute and deliver such dacmnents as my ha required to effect or evidence compliance. All laws and regulation required to ha incorporated in ai nor eats of this character are hereby incorporated herein by this reference. The Seller agrees to indemify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without flu, prior written consot arm ofer party. 10. TITLE. The Seller warrants full, clear and unrestricted title to to, Purchaser for all equipment, merials, and item furnished n performance of this agreement, five ad clear of any and all liens, umriction, reservation, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser end its monacton of any tier from all liability Tad claims of any nalm, resulting Gam the performance af.ach walk. This glom, stall apply even in the event of fault of negligence of der parry relasm and shall extend to the directors, olGcen and employees crunch pity. The Sellers contramual obligation, including wartanty, shall vat be deemed to be reduced, in any way, becomm such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to me any design, device, material or process covered by liner, permit, trademark or copyright, the Seller shall indemnify and save bamrless the Purchaser from any and all claims for infringement by reason of the we of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for mr,su st, experm or damage which it may be obliged on pay by reamn of such infringement at any time during the prosecution or miler the completion of the all. In cast said equipnan, or any pan thereof or line intended we of the goods, is in such suit held eo constitute infringement and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for Ne Purdaser the right f continue wing said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it become noninfdnging. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an rssigment for the bcneGt 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 definition ofti mns wed or the interpretation of be agreement and the rights of all Frnies hereunder shall be ommrd border end governed by the lawn of the State afC.Imado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services al'Sellers Repre swan ive(s), on the premium mothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, end shall, in case of any emblem, destruction or injury so the work mumn, ratan before Setters final completion and acaptsntt, complete the wort: at Sellers own expeme and to the satisfaction of the Franchiser. When materials and equipment am famished by others for installation or auction by the.Seller, the Seller shall receive, unload, were and handle setae at the site all become responsible therefor as though such materials and/or cquipmad were being familial by the Seller under the Omer. .. 18. INSURANCE. The Seller shall, at his own expew, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work coverd by this purchase one, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry cmumchemwe general liability including, but not limitd to, contractual and warembile public liability inurarce with bodily injury and death limits of at least S300,000 for any one person, S500d10U for any weaker, and property damage limit per accident of S400,000. The Seller shall likewise rehire 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 the premises of.thers, the Seller shall famish the Province with a rartifiate Nat such wmprnsatio t and insurance have been promid. Such radficata shall specify the rime when tech compensation and inurmme have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imumnce shall be maintained until aver the entire work is completed and ucephd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibilityand liability for any and all damage, lass or injury ofany kind or whim whatsoever to person or property mused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hamdess the Purchaser and any r eIl of the Purchasers officers, agents and employees from and against any and col claims, losses, damages, charges ar expenses, whether direct or indirect, and whether to person or property to which hie Purchner may be put or subject by season of any act, when, neglect, omission or default on the pan of the Seller, any of his ontmnors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its apices, agents or employees at any time sea account or by memo or any act, action, neglect. omission or default of the Seller of any of his contractors or ivy of its or their oRcers, agents or employees as aforesaid, the Seller hereby ague to assume the defense thereof and he defend the same at the Sellers own expense, to pay any and all costs, ch.uga, ittrmeys fees and ofer expenses, any and ell judgments Nat my he insured by or obtained against the Purchaser or any of its or their officers, .,at or employees in Buell suits or other proceedings, and in catt judgment or ofer lien be placed upon or obtained against the property of lie Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once same the same to be dissolved and discharged by giving bond or oferwise. The Seller and his all",'. shall take .11 may precautions, Punish all install of gaud mac., for the prevention of ecidents, comply with all laws and regulations wif regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto. Revised 07n014