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HomeMy WebLinkAbout541003 ECI SITE CONSTRUCTION MANAGEMENT INC - PURCHASE ORDER - 9145253 (2)PO PURCHASE ORDER 914525er Page rC1171O'f///���►►► 9145253 1of2 ' `t Collins lies This number must appear V ` on all invoices, packing sli s and labels. Date: 01/23/2015 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 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6 Change Order 3 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 18,929.66 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 Condtion5 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Counties. of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Rrvised Stanttes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure in meet specifications, rimer when shipped or due to defcts of damage in transit, may be co umal to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fall Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on amval. Final Acceptance. Receipt of the merchandise, servicas or equipment in t.ponse to this order can result in authorized payment on the pan of the City of Fan Collins. However, it is to be undrstood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most Bo F O.B., City of To" Collins, 700 Wood St, Fart Collim, CO 80522, unless otherwise specified on this order. If permission is given to pnyay freight and charge sepmately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufctmers have distributing Points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will Bo deducted from Invoice when shipments are made from greater distance. Pemtirs. Seller shall prams- at sellers sole cast all naesmry permits, cenificw. and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees 1. bold Be City of Fort Collins M.I. from and optimal all liability and loss incurred by them by reason of an awned or ntabluhed violation of any such laws, regulations, ordinances, ales and requirements. Auforbation. All ponies to this contract agree that the re,rtenmtiva art, in fact, bo,a file and possess full and complete i ulronry m bind said at.. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the to. and conditions stated herein on feed and any supplementary or additional terms and condition annexed hereto or incorporated herein by reference. Any mcbmanal or different eras oral conditions proposal by seller are objeculd to and hereby mated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of me esseae. Fogerty aed performance must be effected within the time stated on the purchase order and she documents attached hereto. No acts of the Purchasers including, without limitation, acceptance affect late deliveries, shall opcmm res a waiver of this provision. In the event of any delay. the Purchase, shall have, in addition to other legal and equitable remedies, the option artifact, this eager elsewhere and bolding the Sella liable for damages. However, the Sella shill not be liable for damages a a result of delays due m causes not reaenably f rcracble which are beyoM its reasonable contml and without its fauh of mr,ligent'e. such acts of God, acts ofeivil or military authorities, govemmmal priorities, fires. strikes. flood, epidemics, wars or riots provided mat notice of the conditions causing such delay is given to the Purcbaer within five (5) days of call time when she Sella first received knowledge thcrcof. In the event of any such delay, the date of delivery shall Bo schanded for me period eyual to the time cmally last by reason ofthe delay. 3. WARRANTY. The Seller warrants Oat all good, ankles, materials and work eoveral by this order will conform with applimble drawings, specifications, samples anaror roer descriptions give, will be fat far tBo purywes intended. and performed with the highest degree of lure and conference in accordance with accepted sand r3s for work of a similar nature. The Sella agrees to hold the purchaer harmless from any loss, damage or expecom which the Purchaser may sulfa or incur on account of the Sellers breach of waranry. The Seller shall replace, repair or make good, without ctesno me purchasers any defects or f Rs arising within one (1) year or within such longer period of mime a maybe prescribed by law or by me nrmw army applicable wil provided by the Sella aRa Be date of acceptance ofthe good fiunished hereunder (acceptsnre nor to be wereawnably delayed), resulting how imperfect or defective work done a materials fmnuhal by the Self. Acceptance an use officials by the Parchaaw shall not sombrero a waiver ofany claim under this warranty. Except a otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ell damages proximately caused by me broach of any of fie foregoing warmmier or guarantees, but such liability shall in no event include loss of profirs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Powhaser may make any changes to the terms, other than legal maw, including additions to or dide imas from me quantities originally ordered in the spaifimtiom a drawings, by verbal - written change We, Deny such change 5. the amouat due or me rime ofperfomu se Boreurdtt, an equitable adjure eat shin be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement a to my or all portions of me goods then not shipped, subject to any equitable adjustment between the parties as to any work or metcnak then in progress provided that me Pwchaer shall at be liable for any claims for anlicipamd profits on the woompleled panion of fie good andlor work. for incidenal or consequential dames., and mat no such adjustment be made in favor i f the Seller with respect o any good which are me Sellers standard mock. No such termination shall relieve me Purchaser or the Seller of any offlen obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fours the Jam the change or coordination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have ban produced, sold, delivered and fumishal in stria compliance with all applicable laws and regulation to which the Steads are subjet. The Seller shall execute and deliver such docnnems re may be required to of ica 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 in indemnify and hold the Purchaser Formulas from all cosh and damages suffered by the Purchaser m a null of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, forgather, or convey this order, or any monies due or to become due hereunder without the ,not wnuen .an offe other party. 10. TITLE. The Sella warrants full, clear and no ..initial title to the Pardoner for all equipment, matends, and items famished in performance of this agreement, free and clear of any and all liens, resfolctions, reservations, security interest cartum an ce and claims ofomers. 11. NONWAIVER. Failure of the Purchaser to insist upon stria perrormance arm. tears and conditions hereof, failure or delay 1. any rights or medies provided herein or by law, failure to promptly notify the Seller in the event of a breach, re the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed o waiver of any right of the purchaser to imist upon strict performance hereof or any of its rights or comedies ns to any such goods, regardless of when shippal, received or accepted, a to any prior or subsequent default hommder, nor shall any purported oral modification or radiation of this purchase order by the Purehacr operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ec no is practice, overcharges resulting from antitrust violations art in fact home by the Purchaser. Recommit, forgood came and a consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or become, acquired under federal or state antitrust laws for such overcharges relating to me particular goods or services purchased or acquiad by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller o correct nonconforming or deflective goods by a dam to be agreed upon by me Purchaser and the Sella, and the Seller thearalier indicates its inability or unwillingness to comply, the Purchaser may cause the work m be performed by me most expeditious meaty available to i, and the Seller shall pay all costs aoaiated with such work. The Seller shall defense the Purchaer and its contactors of any tier from all liability and claims of any nature ,..In, from the performance of such work. This release shall apply even in the event of fault of negligence of the party relcssN and shall extend to fe directors, ofiicen add employees of such parry. The Seller's contractual obligations, including warranty, shall not Bo dermal m be reduced, in any way, because such work is peR ed or aimed to be performed by the Purchaer. 14. PATENTS. Whenever the Seller is requital to we any design, device, material in process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save hcmless the Pushmer f any and all claims for infringement by reason of tha use of such patented clangs, does ice material or plasmas in connection with the comma, and ahall indemnify Bail Puncture for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any lime during me pmurrid n or aRer me mmplerim of fe work. In case said equipment, or any pan thetwf or the intended use of the goad, is in such suit Bold m mnstim a infringement anal the use of said equipment or pat is enjoined, the Sella shall, at its own cxpco a end at its option, either procure for the Purchucr the right m continue using said equipment or puts, attitude the more with substantially equal but mwninfringing equipment, or modify it so it becomes not fringing. 15, INSOLVENCY. If the Sella shall become insolvent or learkmp , make an assigrmrcnt for me benefit of creditors, appoint is receiver or manta for any of the Sellers property, or business, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. Tic defnilions arm. ward or the interpretation ofmc agreement cod the rigors of all panics hereunder shall Bo conswed under and govemed by the laws of the State of Colorado, USA. no following Additional Conditions apply only in cases where the Sella is in perform work hereunder, including me services of Sellers Represenativr(s), on Ue premier ofomers. 19. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the were u fully mmplad and acceptd, and shell, in rom of any window, destruction or injury to the work ataror mateaiaB bef Scllds final ..,].mend acceptance, complere me work cal Sellers own expense sal to me satiafligum of me Purchaser. WBon materials and equipment . famished by others for installation or erection by the Sella, f Seller shall receive. Inload. start and handle same at car site and become rapomible fcrefor as though such materials endNor equipment were being furnished by call Sella water me order. 18. INSURANCE. The Seller shall, at his own <xperue, provide for the payment of workers compnwtio,.]ad., occupational disease benefits, to its employees employed on or in connection with the work covered by this puablese order, warm to their dependants in accordance with the laws of fie sum in which me work is to be done The Seller shall also carry compmhensive general liability including, but tut limited f, comacmal and automobile public liability insurance with bodily injuy, and dens limits of at lent S300,nW for any one person, $S00.000 for any one accident and property damage limit Per accident of 5400,000. The Seller shall likewise require his excureams. if any. to provide for such comprnsaaion and a-.—.. Before any of the Sellers or his comrcams employees shall do any work upon the promises of others, the Seller shall Finish the Purchaer with a cedificate lhat such conformations and i aumnce have been provided Such aNrwtes shall specify the doe when such compensation and insurance have ban provided. Such artificales shall specify the date when such compensation and mummer m er capita. The Seller agrors that such oimprmotion end insurance shall be maintained can after the entire work is compe al and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby aaumes the entire responsibility and liability for any and all damage, loss or injury ofany kind r nature whatsoever to persons or property waged by or resulting from fe execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify wool hold hurls the Purchaser and my or all of the Purchasers officers, agents and employees from and against any and all claims, layout, damages, charges or expenses, whether direct or iodine, and whether, to proesss or property to which me Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of Inds contactors, or any of the Sella or contractore oDical, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its oRcal, agents or employees at any time on account a by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their .Dicers, agents or employees as aforesaid, the Seller hereby agrees to assume me defense thereof cad to defend the same auhe Sellers own expense, to pay any and ell costs, cM,., mmays fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchmer 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 or clinical against the property ofthe Purchaser, or said panters in or as a resull ofmch 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 premutions, famish and install all guard neccamry for fie prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation, fe Occupational Safely and Brahn Act of 1970 and all roles and regulations issued pursoam theme. Revised 070014