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HomeMy WebLinkAbout541003 ECI SITE CONSTRUCTION MANAGEMENT INC - PURCHASE ORDER - 9145253Fort Collins PO Number Page 9145253 1of2 This number must appear on all invoices, packing Mine and labels. Date: 12/10/2014 Vendor: 541003 Ship To: NATURAL AREAS ECI SITE CONSTRUCTION MANAGEMENT INC CITY OF FORT COLLINS PO BOX 2135 1745 Hoffman Mill Road LOVELAND CO 80539 FORT COLLINS CO 80522 Delivery Date: 09/11/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Change Order 1 1 LOT EA 4,230.03 5 Change Order 2 n'I P,4 '� 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 EA 35,334.20 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terras and Conditions Page 2 of 2 I. COMMERCIN.DETAIIS. Tax exemphows. By statute the City of Fort Collins is exempt from stale and ]mat taxes. Out Exemption Number is 98.04502. Federal Excise Test Exemption Certificate of Registry 84-6000587 is runinand with the Collector of Integral Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REMELTED due to failure no meet specifications, either when shipped or due to defects of damage in transit may be rained to you for edit but are not to be replaced except upon receipt of wagon insouctionsf the City of Fort Collins. Inspection. GOODS arc subject to the City of Fog Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorised payment on the pan of the City of Fog Collins. However, it is to be mderstood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fog Collins, 7W Wood St, Fog Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manat.,. rs have distributing points in various parts of the country, shipment is expected from the merest distribution point to denimtion, end excess freight will be deducted from Invoice when shipments are guide from Roarer become. Permits. Seller shall procure in seller sole cost ell necesanry permits, certificates and licenses required by all applicable laws, egulmions, ordinances and roles of the state, municipality, territory or political subdivision where the work is perfamfed, or required by any other duly coasrioted public authority boxing jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless tram and against all liability and loss incurred by men by reams Oran asserted or established violation of any such laws, regulations, ogirenea. rates and fix,wn menw. Authorization. All parties to this wa,., agree that the represur ativa are, in fact, bow fide and possess full awl complme aahoriry to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceplvoe m the terms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or inow,wrated herein by reference. Any additional or different teams aid conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try.. carrot make complete shipment to arrive oa your pmmigd delivery date as noted Time is of the essence. Delivery and performance must be effected within the time sorted on the purchase orda and the documents attached hereo. No such of the Purchasers including, without limitation, acceptance i f pagiel late deliveries, shall operate as a waiver influx provision. In the event of any delay, the Purchaser sell have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding be Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to mugs not miserably foreseeable which ate beyond its reasonable rentrol and without to fault of negligence, such was of God, acts ofavil or military amhoriu s, pwar mental pdorilia, f s, strikes, flood, epidemic, wars or riots provided that notice of be conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereat In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason curds, delay. 3. WARRANTY. The Seller warrow that all goods, mida, materials and wok covered by this order will coalorm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pnfmmsl with the highest degree of care and competence in accordance with accepted standards for work of a miler vtrue. The Seller agrees to hold me prucugr harmless from my loss, damage or expense which the franchiser may sulfa or incur an account of the Sellers breach of warmnly. The Sells shall replace, repair or make good, without cast to the maintain, any defects or faults arising within one (I) Year in within such longer penal of time as may be, prescribed by Law or by the terms of my applicable wa rawly provided by the Sella after the date of acceptance of the gook furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by be Purchaser shall not onstitate a waiver of any claim under this warranty. Except an otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxifiamly case d by the breach of any of the foregoing warranties as gmanage, bur such liability shall in an event include loss of,.ru or loss of tine. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser nay make changes to legal teas by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any dungms to the terra, other than legal mom, including additions to a delaiou from the quantities originally ordered in the specifications or drawings, by verbal or wntten change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6.TERMINATIONS. The Purbara may in my time by wrinen change order, cartimte robs agreement as to coy or all portions of the goods then not shipped, subject to any equitable adjusmrnt hers een the parties as to any wale or materials then in part provided then the Purchaser bull nos h liable for any claims for anticipated profits on the uncompleted portion of the goods mdor work, for incidental or consequential damages, and but na such adjustment be made in favor of the Seller with respect to any goods which art the Sellers standard clock. No such termination mull relieve the purchaser a the Seller orally of their obligations. many goad delivered hereuages. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most h asserted within thirty (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants but all good sold hereuoda shall have ban produced, sold, delivered suit fumshW in snit, compliance wins all applicable laws and an,gatom to which the goads erg subject. The Seller shall execute and deliver such documents as may on required to effect or evidence compliance. All laws and regulations acquired m be incorporated in agreements of Nis character are hereby incorporated herein by this reference. The Seller agrees to iMemnify and hold to Purchaser armless from all wits and damages suffered by the Pmchiser as a result argue Sellers failure w comply with such law. 9. ASSIGNMENT. Neither parry sell resign, transfer, or convey this order, or my mania due or to become due hereunder without the poor written cmarnt ofhe other party. 10. TITLE. The Sella warrants full, clear said umavised fill, to to Purchaser for all equipment, material, and items finished in pafomrance of this agreement, f and clear of any and all lams, mark ruts. mscrahons, security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of Ore Purchaser to bear upon strict performance of be terms and conditions hereof, failure or delay to exercise any rights in remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptunce afar payment for goods hereunder or appmval of the design, shall not misag the Seller of any of the waranlia or obligations of this purchase right and shall not be, deemed a waiver of any right of the purchaser in must upon strict performance hereof or my of its rights or remedies. to any such goods, regardless of when shipped, received or accepted, as to any prior in subsequent default hereeunder, nor shall my purported oral combination or rescission of this purehau order by the Putchasn operate an a waiver of my of the terra hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antio-ust violations are in fact home by the Pumhater. Therelofore, nforgood arm and as consideration for emcuriog this purchase right, the Sella hereby assigns in the Purcuser any and all claims it may now have or h rafrer acquired corder federal or sate .,a., laws fro such ovarlow'a relating to the particular goods or services purchased or acquired by the Pumhaser purswnt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifta Purchaser diretts be Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchases and do Seller, and the Seller therthter indicates its inability on rowillingness to comply, the Precbaser may amu the work to be performed by the most expeditions mom available to it, and the Seller shall pay all casts associated with such work. The Sella shall release be Purchaser and its contractors of any ran from all liability and claims of any =lure resulting from flan pert of such work. This release shall apply even in the event of faun of negligence or the parry refried and shall extend to the direams, .Mecas and employees of such party. The Sellers contracwal obligations, including waronly, shall rot h deemed to be reduced, in any way, became such work is perforated or catered o In performed by be Practices. 14. PATENTS. Mania the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Sella shell indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of inch pmcnred design, device, matmal or process in connection with the contras, and shun indemnify to Purchaser for any cost, expense or damage which it may be obliged m pay by mamn of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, in any pan here f or the intended use of the goods, is in such suit held as comtimle infringement and the sag of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially awl but uni inf ingin, Muipment, or modify it so it becomes hanu frining. 15. INSOLVENCY. If the Seller shall become insolvent a bankrupt, make an assignment for the benefit of coodilors, appoint a guaver 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 &find. afit. used or the interpretation of the agreement and the tights ofoll pang. heg inch shall be consuued underand governed by the laws afthn Sate of Colorado, USA. The following Additional Conditions apply only in cases where be Seller s to pert work hereunder, including the services of Sellers Repgsentative(sk on the premises i f others. IT. SELLERS RESPONSIBILITY. The Sella shall cart, an said work at Sellers own risk omit the seine is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work indoor materials befog Sellers final completion and acceptance, complete be work at Sellers own expeng and to the satisfaction of the Purchaser. When materials and equipment are flunichad by others for installation or erection by the Seller, the Seller shall receive, whoa, sore and handle come at the site add become responsible therefor as though such matenas maggot equipment were being fmshed by the Sella urdcr be order. I I. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefirs, to its employees employed on or in connection with the work covered by this purchase order, and., to their dependents in accordance with the laws of the sole in which me work is to be done. The Seller shall also arty comprehensive general liability including, but not limited lo, contractual aid automobile public bi biliry insurance with bodily injury and death limits of err least $300,001) for any one person, E500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, so provide for such compensation and announce, Before any of be Sellers or his contractors employees shall do tiny wok upon the premises of others, the Seller shall fordish the Purchaser with a renifcare that such mmpmsarioa and insurance have been provided Such certificates shall specify be date when such mpemation and insurance have been provided. Such cegifwtm shall specify the date when such compensation and insumme 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. The Seller hereby assumes be entire responsibility end liability for any and ail damage, lass or injury fany kind r micro whageover m reasons or property mused by or resulting from the execution of 6, wok provided for in this purcuu order or in connection herewith. The Seller will indemnify and hold armless the Purchaser and my or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or experaes, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on be pan of the Sella, any of his contractors, or my of the Sellers or contractors officers, agents in employees. In case my suit or other proceedings shall be brought against the Purchaser, or as oRcers, agents are employee, al my time on accowt err by reason of any act, action, neglect, omission or default of the Seller of any of his comactors in my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume be defense thereof and to defend the same at the Sellers own expense, to pay any and all tolls, chmga, attorneys fins and Other expenses, my and all judgments that may he incurred by or obtained against the Purchaser or any of its or thou officers, agents or employers in such suits nr other p..di.,, and th case judgment or other lieu be placed upon are obtained against the propnty ofthe Purchases, or said Ionia in or as a resit of such suits or other prowebrip, the Seller will at once onown the same to be dissolved and discharged by giving and or otherwise. The Sella 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 in safety including, but without limitation, the Occupational Safety cad Health As of 1970 hand all roles and .,)all --issued Parsumr me— Rhvid 07R014