Loading...
HomeMy WebLinkAbout541003 ECI SITE CONSTRUCTION MANAGEMENT INC - PURCHASE ORDER - 9162830 (5)PO PURCHASE ORDER 916283er Page CI�/Of9162830 1o12 Flirt CollinsCThis number must appear , `�_J`-' `� `=' on all invoices, packing slips and labels. Date: 05/10/2016 Vendor: 541003 Ship To: CLRS ADMINISTRATION ECI SITE CONSTRUCTION MANAGEMENT INC CITY OF FORT COLLINS PO BOX 2135 215 N MASON, 3RD FLOOR LOVELAND CO 80539 FORT COLLINS CO 80524-4408 Delivery Date: 05/09/2016 Buyer: ELLIOT DALE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Park Construction 1 LOT LS 8,321,575.94 SouthEast Community Park PER TERMS AND CONDITIONS OF BID 8263 AND AGREEMENT DATED 5/9/2016. Total $8,321,575.94 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 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 I CONLMERCIAL DETAILS Tax exemptions By nature the City of Fen Collins is exempt from state and local macs Our Exemption Number ins I I. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to mmst upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Deaver, Colorado (Ref Colorado Revised Sumter 1973, Chapter 39-26, 114 (a). exercise any rights or remedies povided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed m you for credit and are not to be replaced except upon receipt of written purchaser to insist upon sect performance hereof or any of its rights or remedies u to any such goods, regardless iminicnons from the City of Fort Collins 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 Purchaser operate m a waiver of any of the terms Inspection GOODS are subject to the City effort Collins inspection on arrmal hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to ibis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS authonmd payment on the pan of the Crary of Fan Collins However. it is in be understood that FINAL Seller and the Purchaser recogrum that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fact bome by the Purchaser. Theretofore, for good cause and as conaderation for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.B, City of Fort Collins, 700 Wood St. Fort Collins, CO 80522, unless acquired under federal or stare minimal laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given in prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice Additional charges for packing will not be accepted 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS Shipment Distance Where manufacturers have distributing points in vanous parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destirmuon. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates tits inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the most expedruous in. available to it. and the Seller shall pay all procure at sellers sole con all necessary cons associated with such work Permits Seller shall p airy permits, certificates and Incenses required by all applicable laws, regulations, ordinances and rules of the mute, municipality, temtary or political subdivision where the work is performed, or required by any other duly commuted public authonp, having jurisdiction over the work of vendor Seller further agrees to hold the City of Full Collins harmless from and against all Lability and loss incurred by them by lesson of an asserted or esubhshed violation of any such laws, regulations. ordinances, tales and requirements Authonmoon. All panes to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority in bind said panes LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions stated herein met forth and any supplementary or additional terms and conditions annexed hereto or incorporated hewn by reference Am addmenal or different terms and conditions pmposed by seller are objected to and hereby rejected. 2 DELIVERY PLEASE ADVISE PURCHASING AGENT tmmedrately if you cannot make complete shipment to arrive on your promised delivery dare as noted Time is of the essence Delivery and performance most be effected within the nine stated on the purchase order and the documents attached herem No arts of the Purchasers including. without limitation. mcepta ce of partial lam deliveries, shall operate as a waiver of this pmvmsmn In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing thins order elsewhere and holding the Sella 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 ns reasonable comml and without its fault of negligence, such acts of God, new of civil or military authorities, governmental pnonnes, fires, stakes. flood, epidemics, wars or nos provided thin nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof In the event of env such delay. the date of delivery shall be extended for the period equal to the time acnally lost by reason of the delay 3 WARRANTY The Seller wamnis that all goods, articles, mamnals and work covered by this order will conform with applicable drawings, specmficanons, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults ansing within one H i year or within such longer penod of time as may be prescribed by law or by the tents of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not m be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller Acceptance or use of goods by the Purchaser shall not consume a waiver of any claim under this warnerry Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proomaely caused by time breach of any of the foregoing warranties or guarantees, but such liability shall in min event include loss of profits 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 wnnen change order 5 CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes o the taint. other than legal terns, including wWmons to or deletions from the quantities ongmally ordered in the specifications or dmwsngs, by verbal or written change order If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be trade 6 TERMINATIONS The Purchum may at any time by winter change order. terminate this agreement as to tiny or all portions of the goods then not shipped subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any dams for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequatual damages, and that no such adjustment be made in favor of the Seller with respect to any goods which we the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder 7 CLAIMS FOR ADJUSTMENT Any claim for adjustment most be amend within thirty (301 days fmm the dam the change or termination is ordered 8 COMPLIANCE WITH LAW The Seller warrants thin all goods sold hereunder shall have been pmduced, sold delivered and furnished in smm compliance with all applicable laws and regulations to which the goods we subject The Seller shall execute and deliver such documents as may be required in 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 to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law 9 ASSIGNMENT Neither pain shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrimm consent of the other parry 10 TITLE The Seller wanes s full, clear and umestrhcted ride to the Purchaser for all equipment, materials, and items famished in performance of dus agreement. free and clear of any and all Irons. manctions. reservations, security interest encumbrances and clams of others The Seller shall release the Purchaser and its contractors of any ter from all liability and dams of any nature resulting from the performance of such work This release shall apply even in the event of fault of negligence of the parry released and shall emend to the directors, officers and employees of such parry The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused in be performed by the Purchaser 14 PATENTS Whenever the Seller is required in use any design, device, material or process covered by loner, parent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented desgn, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pav by reason of such infringement at any nine during the prosecution or after the completion of the work In core said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, arcs own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nonlnfringing equipment, or modify it so it becomes nonlnfiinging 15 INSOLVENCY If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers proper or buoness, this order may forthwith be canceled by the Pucchaser without liability 16. GOVERNING LAW The definmons of terms used or the interpretation of the agreement and the rights of all pates hereunder shall be construed under and governed by the laws of the State of Colorado. USA The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represmurrive(s), on the premises of others 17 SELLERS RESPONSIBILITY The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, desmmcnon or injury to the work and/or mammals before Seller's feral completion and acceptance, complete the work in Selleh own expense and to the satisfaction of the Purchaser When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive. unload, store and handle same at the site and become responsible therefor m though such materials and/or equipment were being fummshed by the Seller under the order IS INSURANCE. The Sella shall. at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, 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 comprehensive general liability including, but not limited to, contractual and auomobile public liability insurance will bodily injury and death limits of a least $300,W0 for any one pawn, S500,000 for any one accident it property damage limn per acodem of S400,000 The Seller shall likewise require 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 otters, the Seller shall fumhsh the Pachuca with a certificate thin such compensation and insurance have been provided Such certificates shall specify the dare when such compensation and insurance have been provided Such cemficates shall specify the dam when such compensation and insurance expires The Seller agrees that such compensation and insaance shall be maintained until after the entire work is completed and accepted 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and alI damage. loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith The Seller will mdemmfy and hold harmless the Purchaser and any or all of the purchasers officers, agents and employees fmm and against any and all claims, Losses, damages, charges or expenses, whether direct or indirect, and whether to persons or proper to which the Purchaser may be put or subject by wagon of any act, action. neglect, omission or default on the pan of the Seller, any of his contractors, 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 officers, again or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of tits or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers over expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other bon be placed upon or obtained against the property of the Purchaser, or said panes in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumtsh and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 032DI0