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HomeMy WebLinkAbout101409 URS GREINER - PURCHASE ORDER - 2206223in CityofF�c_ City of Fort Collins Page Number: 1 of 1 Date: 09/03/02 PURCHASE ORDER NUMBER: 2206223 Delivery Date: 08/30/02 Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading and all correspondence NOTE: Line: Qty/Units: Description: Extended Price: 1 1 LOT Feasibility Analysis and 36,939.50 selected Plan for the Mail Creek Basin. Work Order Number: SDH-MC-00-05 p707 Total: 36,939.50 City of For C llins Director of Purchasing and Risk Management Mail Invoices in duplicate to: This order of valid over $2000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Accounting Department PO Box 580 City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Fort Collins, CO 80522-0580 Phone: 970-221-6775 Fax: 970-221-6707 Email: info@ci.fort-collins.co.us Purchase Order Terms and Condition I. COMMERCIAL DETAILS. Invoice Address. To mum prompt Payment mail invoices in duplicate to: City of Fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cadfiewe of Registry 844OM587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due to detects of damage in transit, rimy be, resumed to you for credit and are not to be replaced except upon receipt of written inswefirs s from the City of Fort Collins. Inspection. GOODS are subject to the City OfFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorizd payment on the pat of the City of Fort Collins. However, it is 0 be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Terms. Shipments most he F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless ohawWed ged ecified on this order If Pmaism iis given to prepay fieight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments sue made from greater distance. Permits. Seller shall procure a sellers sole cost all necessary perrio, certificates and licenses required by all applicable laws, regulation, ordinances and miss of the state, municipality, territory or political subdivision where the work is performed, in required by any other duly contimted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinnces, rules mdrequiremcntc. Authorization. All parties to this contract agree thin the representatives are, in fact, hoes fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceldence to the terms and conditions stated herein set Path and any supplementary or additional terms and conditions annexed haeto or incoryo sted herein by reference. Any additional or different it. and conditions proposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your proarmai delivery doe n noted. Tim<u of the essence. Delivery and pertormmce must be eRatt within the time stated on the purchase order and the documents attached harbor . No acts of the Purchasers including, without llmitatlm, acceptance of partial late deliveries, shall Waste as a waive, of this provision. In the event of any delay, the Putcl eur shall have, in addition 0 other legal and eq.imblc remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to tames not reasonably Investable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govanmental priorities, fires, strikes, Flood, epidemics, wars Or door Provided that notice of the condition causing such delay is given to the Purchma within five (5) days of the time when the Sella first mocivt knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, spaitintims, seraphs mdOm other descirwons given, will be fit for the proposes intended and Performed with the highest degree of care and cornpe¢nce in accordance with accepted sondzrds for work of a similar m ure. The Sella agrees to hold the purchaser harNess from any Ins, damage or exporme which the Purchaser may suffer in incur on account ofthe Sellers brooch of warranty. The Sella shall replmq repair or make good without cost to the purchase, any defects or faults ending within one (1) year or within such longer period of time as may be prescribed by law a by the teens of any applicable warranty provided by the Seller after the date of acceptance of the goods fumiilr d hereunder (acceptance nor to be unreasonably delayed), resulting firm imperfect or defective work done or materials Pumisht by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waive of any claim under this warranty. Except as otherwise provided in this purchase order, the Stiles liability hereunder shall extend to all damage Proximately canoed by the breach of any of the foregoing wermnties or guarantee, but such liability shall in no event include loss of pmEts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5 CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including addition to Or deletions from the quantities originally Ordered in the specification or drawings, by verbal or written change order. If any such change affeus the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TIA M NATIONS. The Purchaser may at any time by written change order, terminate this agreement as many or all portions of the goods then not shipped subject to any equitable adjustment between the parties in to any work or materials then in Fragment provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portico of the goods well work, for incidental or consequential damages, and Nat no such adjustment be made in favor oft Sella with respect to any goads which are the Sellers standard stock. No such temdnmon shall relieve the Purchaser or the Sella of any of their obligations as m my grads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any clam fa adjustment most h must within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold heremder shall have been produced, sold, delivered and bummed in strict compliance with all applicable laws and regulations to which the goods ere subject The Sella shall execute and deliver such dommenb as may be required to effect or evidence complimce. All laws and regulation required to be incoyensed in agreements of this &.a are hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Puchatic harmless from all costs and damages suffered by the Purchaser is, a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall margin, trmsfer, or cmvey this order, or any in due or to become due hereunder without the 10, TITLE The Sella warrants full, clear and mucstncted title to the Purchaser far all equipment, nmteriale, and items furdsht in pafarrionor of this agreement, free and clear of any and all liens, marionette, rwmatiers, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon stria pertomance of the temp and conditions Panel failure or delay to exercise any tights or mirages provided herein or by law, failure to promptly notify the Seller in the event of a breach the aux,danu of or puyment for goods haeunder m approval of the design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be domed a waiver of any right of the purchase to insist upon strict pedormmce hereof many of its rights ar seethe as to any such goods, regardless of what shipped received or accepted, as to any prior or subsequent default hereunder, nor shall arty purported used much End on or rescission of this purchase order by the Puchaer operate as a waiver of any of the terms hated 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in wine] economic practice, overcharges resulting from antitrust violations arc in fact home by the Purchaser Thaaoforq for good cause and n coraideration for aecurng this purchase ado, the Sella hereby assigns to the Purchaser any and all claims it may now have or haunter acquired under Reed or acme antitrust laws for such overcharges relating to the particular goods in services purchased or acquired by the Per pursuant rh this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and 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 expeditious means available to it, and the Sella shall pay all chats sssocisted with such work. The Seller shall release the Purchasa and its contractors of any tier from all liability end claims of any nature resulting from the performmce of such work. This rake, shall apply um in the event of fault of tilligece of the pasty released and shall amend to the direction, officers and employes of such party. The Sellers costtraaual obligations, including warranty, shall not be deaned m be reduced, in any way, because such work is performed or caned to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, marawl or process covered by latter, point, trademark or copyright, the Seller shall indemnify and save harmless the Purchma from any and all claims for infringement by reason of the use of such patrnted design, device, material or process in connection with the contract, and shall indemnify the Purchasesfor any Cult, expense or damage which it may be obliged to pay by re on of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof is 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 Sella shall, at its Own expense and at its option, Dither procure for the Purchma the right to continue using said equipment or pats, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or banbupf make an assignmrnt for the benefit of creditors, appoint a receiver or trustee for any of the Sell as property or business, this ender may forthwith In, canceled by the Purchaza without liability. 16. GOVERNING LAW. The definitions of tams used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply Only in eon where the Sella is to perform work hereunder, including the services of Silas Repmnarritwobo, 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 ease of any accident, destmcton or injury to the work andror materials before Seller's final completion and aaeptmce, complete the work at Seller's own expense and to the gadsfmrion of the Purchase- When materials and equipment are furnished by others for installation or erection by the Sella, the Sella shall receive, valued, store and handle same at the site and become responsible thaam' m though such materials and/or equipment were being tomished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to in employees employed m a in connection with the work covered by this purchase order, aulror to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at kart $300,000 to any one person, $500,000 for say One accident and pt'openy damage limit per accident of $400,000. The Seller shall likewise require his wommtor, if any, ke provide for such compensation and insurance. Before any of the Sellers or his conuacks. employes shall do wry work upon the premise of others, the Sella shall famish the Purchaser with a anificate thin such ours eeraatien and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the time when such compensation and insurance 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 Sella hereby resumes the entire responsibility and liability for any and all damage, Ins or injury of any kind or nature whatsoever to persons or property caused by or resulting from the executor of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchma and any or all mthe Parchasers Offices, agents and employe. from and against my and all then, bases, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by ream of my sec, action, negleh omission or defath on the part of the Sella, any of his conum sen, m- any of the Sellers or contractors officers, agents or employees. In cue my suit or other procetings shall be brought against the Purchaser, a its office, agents or employee at my time on account Or by reason of my act, action, neglect, omission or default of the Sella of my of his cms.ctae Or any of its M Oar offices, agents o employes as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same a the Sellers own expense, to pay my and all cots, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its a their office., agents or employees in such suits or Ma proceedings, and in case judgment or other lien be placed upon or amoral against the property of the Primmer, or said parties in or . a result of xinch ..its or otha proceedings, the Sella will at once cane the same to be dissolved and dischergst by giving bond or othawas The Sella and his contrmtas shall take al] safety preesutions, fumish and instal all guards necessary for the prevention of maidens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupations Safety and Health Act of 1900 and all mho and regulations issued punumt thereto.