HomeMy WebLinkAbout101409 URS GREINER - PURCHASE ORDER - 2206223 (2)aCity of Fort Collins
Page Number: 1 of 1
Date: 09/03/02
PURCHASE ORDER NUMBER: 2206223
ueuvery uate: uts/3u/u2 Buyer: DICK,OPAL
Purchase Order number must appear on invoices, packing lists, labels, bills of lading and all correspondence
NOTE:
Line: uty/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:
City of For C Ilins Director of Purchasing and Risk Management
This order of valid over $2000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580
Phone: 970-221-6775 Fax: 970-221-6707 Email: info@ci.fort-collins.co.us
36,939.50
Mall Invoices in duplicate to:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
1. COMPaRCIN, DETAILS.
Invoice Address. To saran pmmnpr Payment mail invoices in duplicate to:
City of Fort Collins Accounting Division
P.O. Box 580
Feat Collins, CO 80522
Tax exarnpticra. By statute the City of Port Collins is exempt from stain and local taus. Our Exemption Number
a 98-04502. Federal Bad. Tax Exempdaa Certificate of Regiary 84-6000587 is registered with the Collector of
Internal Revenue, Drava, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Gander Rejected GOODS REJECTED due to failure to in specifications, either when shipped nr due to defects
of dons e, in transit, may be returned to you for credit end arc not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection an arrival.
Find Acceptance Receipt of the maehmdise, service, or equipment in response to this order can result in auNortzed
payment on the part of the City of Fort Collins. However, it is to be undadmod that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedure.
Freight Tarms. Shipments most b, F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless
dhawix specified on Nis ceder. If permission is given to prepay freight and charge separately, the origin.] freight
bill must aaanpmy invoice. Additional charges for puking will not be troopted.
Shipment Mosence, What mmuf summs have distributing points in various pare of the country, shipment is
expected frormt the nearest disWbutim point to destination, and excess freight will be deducted from Invoice when
shipments arc made from aster distance.
Pe nds. Sella shall immure at sellers sole art ail necessary, permits, certificates and licenses required by ail
applicable laws, regulations, ordinances and mi. ofthe arms, municipality, territory or political subdivision where
the work is performed, or council by my other duty continued public authority having jurisdiction over the work
of vendor. Seller fuller areas w hold the City of Fan Collins harmless firm and against all liability and loss
mooned by men by reason of an asserted or established violation of my such laws, regulations, ordinencm, ma
and requirements.
Authorisation. All panic to this contract agree that the representatives arc, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the trans and conditions stated
herein sec forth all my supplantation, or additional tams and conditions annexed hereto or incorporated herein by
reference. Any adi itimd or different coma and conditions proposed by seller ere objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complew shipment to arrive on your
Premised delivery dine as haled. Time is ofer aseence. Delivery end perfia cat rout be, cEtaed within the time
acted on the purchase Order and the document, attached hereto. No not of the Purchaser including, without
limboim, mcepan. opeadd Imo delivat., ceded] operate s a waiver of this provision. In the event of my delay,
the Purchaser dull have, in addition to other legal and anuitade remcdres, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall no he liable for damages m a vault of delays
due w causes nee mannishly foreseeable witch are beyond in rssonable control and without its fault of negligence,
such acts of God, ace of civil a military authorities, gov.cand priorities, fires, strikes, food, apidem car, war
adds Provided that ounce of the maditioru causing such delay is given to the Purchaser within five (5) days of the
dine when the Sella first received knowledge thereof In Me event of my such delay, the One of delivery shall be
extmdrd for the period equal w the time actually last by reason of the delay.
3. WARRANTY.
The Sella wamms that ail goods, articles, materials and work covered by this order will conform with appltreble
drawings, specifications, senWl. msNor ohs dsaiptiau given, will be fit forme mpos. inanded and perfumed
with the highest degree of care and ampasna to accado. with accepted standards fa work of a similar stum.
The Sella agrees to hold the purchaser handier ftom my less, damage Or expense which the Purchases my suffer
a incur m uamt ofthe Sellm b s of wmrmty. The Shca shill replan, repair a' make good without cost to
the Initiation, my defects or faults arising within me (1) year or within such longer period of time s may be
Prescribed by law or by the terms of my applicable wanmry Provided by the Seller after the date of acceptance of
the goods furnished hereunder (acceptance no w be unreaonabay delayed), resulting from imperfect or defective
work done a materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a
waiver of my dam coda this warranty. Except as otherwise provided in this purchase order, the Sellers liability
hereunder shill extend to all damages proximately caused by the broach of my of the foregoing warranties or
guaenness, ben scar liability shall in ran evert tndude loss of pmfin or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes w legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may At my changes to the temps, amen then leg] moms, including ini irm. to or deletions from
Me quantities originally ordered in me ape ificaniona or drawings, by verbal or wainto change order. If my such
change effects the aoount due or the time of performance haeunder, m equitable adjustment shall be, made.
6. TERMNATIONS.
The Pati ear may m my time by written change order, temunme this agreement as to my 0, all portions of the
goods then not shipped subject to my equitable adjustment between the Faris s w mY work or matedals than in
Proaers provided Nat the Purchase, shall ON be liable for my claims for anticipated profits on the uncounplaed
portion of the goods and/or wok, for incidental or consequential danugm, and that no such adjustment be made in
favor of the Sella with respect to my goods which are the Sellers standard smock. No such termination shall relieve
the Purchaser a the Seller of my of their obligations as to my goods delivered hereunder.
7. CLAIM FOR ADJUSTh1ENT.
Any claim for adjustment must be sated within thirty (30) days from the date the on., or rmnisnon is ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereuada shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations an which the goods are subject The Seller shall execute and
deliver such do onws a may he required to effect or evidence compliance All laws and reguladms required m
be inem w d in sgramme of this dune[or are hereby incorporated boon by this rcfersce. The Sella agrees
to indemnify and hold the Purchaser hamlets from ail cosh and damages suffered by the Purchases s a result of
the Sell. failure to comply with such law.
9. ASSIGNMENT.
Neither party Shall assign, nmmfa, a covey this order, or my minis due or to become due heranda without the
10, TITLE.
The Sella wasteots full, clew end m nstacred title m the Purchaser far all egdprsu, manniala, and iterm fsdahed
in perf.. of ON agreement, free and dear of my and all liens, restrictions, raavadone, security internal
mcumbrmces and claime of ahem.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay in
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the accepmna of or payment for goods hereunder or approval of the design, shall net release the Sella of
any of the warranties or obligations of this purchase order and mail not be domed a waiver of any right of the
purchaser to insist upon ship performance hereof many of ins rights or r.ethm s to any such goods, regardless
of when shipped, received or accepted, as to any prior or subrovent default hereunder, nor Mall any purported oral
modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tame hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchases tempi= tbar in actual monomic practice, overcharges resulting from mtiuost violations
are in fact home by the Purchaser. Theretofmt, for good ionic and m wmidemtion for exacting this purchase order,
the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under lesions] or
arms antitrust laws for such overcharge relating to me particular goods a services purchased or acquired by the
Po ohsapursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchase directs the Sella to corral nonconforming or defective goods by a One to be agreed upon by the
Purchase' and the Seller, and the Seller thereafter indicates its inability or wwillingms to comply, the Purchaser
may cause the work to be perfumed by the most expeditious means available in it, and the Sella shall pay ail costs
associated with such work.
The Sella shall release the Purhmer and its conbator of my tier from all liability and claim of my star
resulting from the performance of such work.
This Muse shall apply evan in the cunt of fmlt ofnegligence of the party released and shall extend w the directors,
officer and employees of such party.
The Sellers contactual obligations, including warranty, shall nee be deemed at be reduced, in my way, because such
work is performed or sensed to be performed by the Purchase.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or Prater covered by letter, Patm4 trademark
or copyright, me Sella shall indemnify and save ha nias the Purchaser from my and ell clause fa infringement
by reason of the use of such patented design, device, imperial or process in connection with the contra, and shell
indemnify the Purchasa for my cost, expense or damage which it may be obliged to pay by return of such
infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my
part thereof or the intended use of the goods, is in such suit held to constitute infringment said the use of said
equipment or pan is enjoined, the Sella shall, se its own expense and in its option, siNa pruure fa the Purchaser
the right to continue using said equipment in pans, replace the aeon with subscomelly equal but non -infringing
equipment, or modify it so it become non -infringing.
15. INSOLVENCY
If the Sella shall become insolvent or bmkroM make m assignment for the benefit of creditor, appoint a receiver
or house for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
liabiity.
I6. GOVERNING LAW.
The definitions of tcrnra used or tht interpretation of the agreement and the righa of ail pettierhereunda shell be
construed under and Invented by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in sera whom the Sella is to perform work hermnder, including
the savic. of Sellers R,no matti ras), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall car, on said work at Sellers own risk mfiI Nc same is fully completed surd accepted, and shall, in
case of my accident, dahuction or injury to the work mdor materials before Sellers final completion and
.m,ro e, complete the work at Sellers Own expense and to the satisfaction ofthe Purhasa Whm materials and
equipment arc famished by omen for iuurllerm or er'ectim by the Seller, the Sella shall receive, mlmi some and
handle same a the site and become responsible therefor s though such materials and/or equipment were being
famished by she Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, Provide for the payment of workers ampssation, including oaupatimd
d'uesse benefits, w is employees employed on or in connection with the work covered by this purchase orda, actor
to their dependents in acardence with the laws of the state in which the work is to be done. The Sella MoR den
tarty comprehensive gmeml liability including, but not limited to, command and eat er obile, public liability
imumnce with bodily injury and death limits of at least 5399,000 for my me person, 5500,000 for my we accident
and property damage limit per accident of $400,000. The Seller shall likewise require his contractod, if my, w
provide for such compensation and irumo nce. Before my of the Sellers or his cosutor employee shall do my
work upon the Permits of ahem, the Sella shall famish the Purchaser with a certificate that such ampamation and
mansm. have hen provided. Such anifcetes shall specify the data when such compmeaion and imuraee have
ban provided. Such cenificars shall specify the date when such compsamion and insurance expires. The Sella
agora mat such compensation and insurance shall be maintained until after the entice work is completed and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Sella hereby as. Me entire responsibility and liability for my and ail damage, loss or injury of my kind
or nature whatsava to persons or property caused by or resulting from the execution of the work provided fen in
this Functions order or to compociu n herewith. The Seller will indemnify and hold harmless the Purdue. and any
."I fthe Pachaees of lo., ages and employees from and against my and all claps, loam, damages, charge
or expenses, whether direct or indirect, and whether w persons or Property w which the Purchaser may be put or
subject by rwm of my ul, action, neglea, mmtiaion a Whilst on the pace of the Sella, MY ofhis canampars, a
my of the Sellers or contractors otlicm, option or employee. In mx my sit or other proceedings shall be brought
against the portion , or its officers, agsa or employees at my time on saount or by realm of my ace, cotton,
neglect. Omission or default oft Sell. of my of his catrmtors a my of its a their officers, sgsn Or anployes
as eforadd, the Seller hereby agrees w mrus the defame heeaf and to defend the tame m the Sell. own
expesee to Pay my and ail coma, charges, attomeye fees and Other expenses, my and ail judgment, thin may be
incased by mobtdned against On, Purehser or my of its a theirotfic ens, agents. employees in rah sec a a Oahe
Proceedings, and in nxjudgmest a other lien be placed upon a obntned against the property of the Purcbser,
or said parties in a s a result of such suit a other proceeding, the Seller will a once cese flue sane to be
dissolved and ditthaged by giving bond or ome^vise. The Seiler ad his conwctm shill take ail safety pamerionu,
famish and install ail guards necessary for the Person. of accides, comply with ail awe and mgdedom with
regard to safety including, but without limitation, the Ocampat imal Safety and Heath Act of 1970 and all mass and
regulations issued purumt thereto. a-.---