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HomeMy WebLinkAbout310503 ECONOMIC & PLANNING SYSTEMS INC - PURCHASE ORDER - 9143262 (3)Fort Collins Date: 12/23/2014 PURCHASE ORDER Vendor: 310503 ECONOMIC & 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 3 Affordable Housing Policy Stud 1 LOT EA 3,000.00 Change No. 1 -Add workshop 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@fogov.com Total 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 I. COMMERCEM.DETAIIS. Tax exemptions. By staN4 the City of Fort Collins is exempt fmm slide and local hoes. Our Exemption Number ls 98-04502. Federal Excise Tax Exemption Cmilicate of Registry 84-6000587 is registered ivied me Calltttor of Internal Revenue, Denver, Colorado (Ref. Wombs Revised Stases 1973. CM1spn 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to fnilum to meet specifications, either when shipped or due to defnm of damage in rmmi, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fon Collins. Impectioa GOODS are subject to the City of Pod Collins inspection an anneal. Final Acceptance. Receipt of me merchandise, wirrice, or equipment in response to this order con result in authorized payment on the pan of the City of Fort Collins. However, it a to be understood that FINAL ACCEPTANCE as depoadmt upon completion ofall ytplieable required inspection procedures. Freight Terms. Shipments most be F.O.B., Ciry of Fort Collins, 7W Wood St, ran Collins, CO 90522. unless otherwise specified on this order. If pmnission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for Packing will not be accepted. Shipment Distmce. Where d ocufamurers have dordbuting points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from grand, distance. Permits. Seller shall promme at when sole coat all necessary pounds, cenificmes and licenses required by all applicable laws, regulations, oNirhnces and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly introduced public solitarily having jurisdiction over the work of vector. Seller further agrees m hold the City of Fort Collins harmless from and against all liability and loss incurred by roam by rex er of an acsead or.hblishd violation of any such laws, regulations, ordivrtres, roles and mquimnents. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide slid possess full and complete authariy to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hyou cannot make complete shipment to active on your Promised delivery date as mate& Time is of me.sen.. Delivery and performed. mast he aR.led within the time stated on me purchase order road the documents attached hereb. No acts of the Producers including, withuu, limitation, acceptance of final late deliveries, shall operate au a waiver ofthis provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this older elarwhere and holding me Seller liable for damage. However, the Seller shall or be liable far damages as a r. 1, of delays due to causes not reasonably foreseeable which am beyond its musical central ad without its fault of negligence, such acts of Gd, acts of civil or milihry am rmitias, govemmmtaI priorities. Oros, strikes, Rod, epidemics, wan or riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days cf the lime when the Seller first received knowledge thetmf. In the event of any auch delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or m1m, decals. giver, will be if, for the purposes intended, and Performed with me highest degree of cam and competence in accordance with accepted slavdatd for work of a similar mmre. The Seller agrees to hold me purchaser harmless fmm any loss, damage or expense which the Purchaser may soft or incur an arcount of me Sellers breech of watranly. The Seller shall replace, repair ar make good, without cost to the purchaser, any defects or faults arising within one (1) year at within such longer period of time as may be prescribed by law or by me team of my applicable warrant' provided by me Seller after me date of acecplmce of the good famished hereunder (acceptance not to he amca ear ably delayed), resulting fmm imperfect or dcf active work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not institute a waiver of any claim under this warranty. Ceram 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 warranties or sp o ratees, but such liability shall in no event include loss ofprofts or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Paradoxes may make clang. to legal terms by wrinm charge order. 5. CHANGES IN COMMERCIAL TERMS. TM Purtbaver may make any change, to rise terms, other than legal dome, including additions to or del.iore tram me quantities originally ordered in me specifications or dmsvags, by verbal or written charge order. If any such change ifece. me amount due or the time ofperfnrtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. Ile Purchaser may at any time by written change order, terminate this agreement as m my or all portions of the goods then not shipped, subject to any equitable adjustment between the parties Or to any work or materials Then in progress provided that the Purchaser shall not be liable for any claims for anticipated prof¢ on the uncompleted portion of me good and/or work, for incidental of consequential damages, and that no such adjustment be rode in favor ofthe Seller with respect to my good which are the Sellers su dard stock. No such domination shall relieve the Purchaser or the Seller army of their obligations as to cry'eed delivered hereunder. 7. CLAIMS FOR ADNSTMEN'f. Any claim for d3uument must be assured within miry (30) days fmm the data the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fiunishd in strict compliance with all applicable laws and regulations ra which me goods arc subject. The Seller shall execute and deliver such documents as may be required to affect 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 to indemnify and hold de Purchaser harmless floor all costs and damage suRerd by the purchaser as a deft of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transf , or convey this older, or my monies due or W become due hereunder widout the prior written concern of rise other party. 10. TITLE. The Sellior wctmts full, clear and mrmincred ride m me Porches. far all adatInde . materials, ad it. fumishd in perfomarce of this agrecmrn, fince, and clear of my ad all lirns, darnmethads rcsmatiom, s.unly interest concurrences and claims aromatic. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the names and conditions hereof, failure or delay to coarrisic any rights or nn elm, provided herein or by law, failure to promptly notify the Seller in me an, of a branch, the acceptance of or payment for goods hereunder or approval oftbe design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not lose deemed a waiver army right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice ovembarges resulting fmm mtinust violations are in fact home by the Purchaser. Theretofore, fro good.. and. comidermon for executing this purchase older, the Sell. hereby assigns to the Purchaser any send ell claims it may rose have or hereafter acquired under federal or state antibuut laws fro such overcharges relining to site particular good or services purchased err acquired by tha Purchaser pursuant W this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iflhe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pumhaser end the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs consisted with such work. The Seller shall release the Purchestt and its conaactors of any tier fmm all liability and claims of my =lure ,.selling fiom the performance climb work. This M. shall apply even in rise event of fart of negligence of the party rtlraud and shall extend to tla directors, officers and employ., fsuch parry. The Sellers contmcrual obligations, including warranty, shall not be, darned to he deduced, in any wag because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. W icarver the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of me use of such patented design, device, material or process in connection with the contract, and shall iMe fy the Purchaser for any cos, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during due proseemicn or after me completion of me work. In case said equipment, or my pan thereof or the intended use of the grad, re in such suit held to cadmic a infringement ad me use of said equipment err part is enjoined, me Seller shall, at its own expense and at its optim, enter prcme for the Pmchnser the night to continue using said compared or parts, replace the same with substantially equal but dr ninGngmg equipment, or modify it m it becomes noninfiringing. 15. INSOLVENCY. If the Seller shall become insolvent or bardrmpt make an 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 Purchaser wimam liability. I& GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be conserved render and governed by the lows of the State of Colorado, USA. The following Additional Conditions apply only in asses where the Seller is to perform work hereunder, maludag the services ofScllers Represeautive(s), on the Inns. oforhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said walk at Sellers own risk until the some u tally completed and accapted, and shall, in se of my accident, desvuction in injury to the work mdror materials before Sellers final completion end acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When marnrials and equipment are famished by others for installation or erection by the Seller, the Seller sldl receive, unload, store and handle same at the are and become responsible therefor as though such materials andmr equipment were being fumishd by me Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational dimme benefits, do its employees employed on or in connection with tit work covered by this purchase order, and/or to their dependents in accordance with me laws of she slide in which de work is an be dare. The Sall. Shull at. more compohmsive general liability including, bur not limited to, contractual and automobile public Lability insurance with tardily injury and death limits of at least 5300,000 for my one person, S500,000 fro my one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his ontmctors, if my, to provide for such compensation and insurance. Before my of the Sellers or her contractors employees shall do any work upon the premises of others, the Seller shall f ish the Pmchaer 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 ceacer es shall specify the date when such compensation and insurance expires. The Seller erg.rs mat such compensation and insurance shall be maintained until after the moire work is completed and arropm . 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby counter me entire responsibility and liability for my and all damage, loss in injury of my kind or mmre whrtce,'er to persons or property armed by or resulting from me execution ofthe work provided for in this purchase older or in connection herewith. The Seller will indemnify had hold hmmleaa me Purchases ad any or all of doe purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons err Poultry W which the Purchases may be put or subject by resson of any act, action, neglec, omission in default on me pm of me Seller, my of her contraction, or my of the Sellers or contmcom officers, agents or employers. In case my suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees or my time on account or by reason of any ach action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume me defense thereof and to defend the same at the Sellers own expense, m pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may he, mar mad by or obtained against the Purchaser or any of its or their oRecrs, agents or employees in such .its or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe purchaser, or said ponies in or as a result ofsuch suits or other Proceedings, the Sallert will at Once cause the rar. to be d ,sadved and derchargd by giving bond or otherwise. The Seller and his contractors shall take all safely Interactions, famish and install all guard neceamry fro the Fresedon of accidents, comply with all laws end ,Wad. with regal tp safely including bur almost transition, the Ocenpoional Safely and Hea tit Act of 1970 and all roles and regulations issue purstrmr thereto. Revised GR014