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HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - PURCHASE ORDER - 9117087City of _ PURCHASE ORDER PO Number I Page 9117087. Flirt Collins _ _ This number must appear /, `f� � on all invoices, packing slips and labels. Date: 11/30/2011 Vendor; 112468 Ship To: TRANSPORTATION PLANNING & FELSBURG HOLT & ULLEVIG INC. 281 NORTH COLLEGE 6300 S SYRACUSE WAY #600 FORT COLLLINS Colorado 80524 CENTENNIAL Colorado 80111 Delivery Date: 11/29/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity - Extended P Ordered UOM, ` Unit Price Price I Enhanced Travel Corridor 1 LOT LS 75,000.00 Phase 1 Master Plan for Harmony Road per RFP 7272 and agreement dated 11-30-11 City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $5000 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:purchasing@fcgov.com Total $75 000 00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase OMIT Tents and Conditions Page 2 Of $ I. COMMERCIAL DETAILS. Tax exemptions. By same the City of Tom Collins is exempt from able and local taxes. Our Exemption Number is II. NONWAIVER 98"04502. Federal Excise Tax Exemption Cenificae of Registry 84 M00597 is regnte cd with the Collector of Failure ofthc Purchaser, to insist .,a Hot performance ofthe Ran, and conditions hereof, failure or ddvy to Internal Revenue, Door , Colorado (Ref. Colorado Revised Sbtutn 1973, Chapter 39"26, Hal (a), any rigM1ts or rcmro edics pvided herein or by law, failure to pmmptlynmify the Seller in the event of a breach, the acceptance ofor payment for goods hneundo or approval ofthe design, shall not eicae the Seller of Goods Rejected. GOODS REJECTED due 0failure to men speci6cationa order when shipped ar due to defects of any of the warbnties or obligations of this Fu,M1ase order and shall an, be deemed a waiver of any -right of the damage in transit may be returned to you for credit and arc not to be replaced except upon receipt of women porch.... 1. insist upon srtid performance hereofor any of its rights or remedies as to any such grads, regardless instructions from the City effort Collins. of when shipped, rncived or accepted, as to any poor or mbsequent default hernmder, nor shall any mm m d oral modification or rescission of this purchase order by the foramen operate o a waiver of any of the terms Inspection. GOODS a to subject 1. be City of For Collins inspection net moral. - hacof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mal onzed payment on the pan of the City of Too Collins. Houeveq it is to be understood that FINAL Seller and the Purchuer recognize that in actual ticono, is practice, overcharges resulting from antitrust ACCEPTANCE is dspendenT upon completion ofal applicable required inspection procedurespurchonsarcin fad bomb by the Purchaser, the Porch for good and all Cad lant consid, ow have .1 broader g/his purcheu oMeq the Sclicr hereby aaigns to the Purchaser any end all anima it ma noes have or M1erceA r Freight Terms. Shipments must be F 0 W, City of Fort Collins. 700 Wood St, Fort Collins. CO 80522. unless athematic specified on this order. If permission is given to prepay ficight and charge scpaaMly, the original freight bill must accompany invoice: Additional charges for packing will not be accepted: Shipment Distance. Where manufacturers have distributing points in us pans of the mumry, shipment is expected from the nearest distribution point to destination, and excess freight will be deluded from Invoice when shipments are made from greater distance. Permits. Seller shall p.arm a, sellers sole cost all necessary permit,, ccni0catec end licenses mgnind by all applicable laws, regulations, ordinances and toles of the stab, municipality, bommy or political subdivision whom the work is performed, or required by any other duly sp agimrcd pablie authonty basing jurisdiction over the work of vendor. Sella further agrees Io hold the City of Fort Collins harmless from and against all liability and lox, rrcd by them by reason of an asserted or sm1blishcd violation of any such laws, regulations, ordinances, rulec and requimmcnte. Anflumpornon. All games to this contract agree that the armopentalives are. in fact, bona fide and paces. full and complete suthodry to bind said genies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fire@ and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or difficond temrs and conditions pmpoad by sellerare objected to and bachy oCcOod. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to salvo on your pmmfed delivery date o nalcd. Time Is ofthe cascnw Ddlvery and perfomance most be effected within the time stbted'bn the purchase oMer and the documents amched game, No was of the Purchase}.s including, wilhout limimnon, acceptance of partial Ise deliveries, shall opereas es a waive ofthis provision. In the event ofany delay, the Purchaser shall have, in addition W other legal and equitable remedies, the option ofpiacing this order elsewhere and holding the Sella liable for damages. Hmvcvn, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which ere beyond its reasonable control and withem its fault ofnegli,ame, such acts of God, acts of civil or military amhoMies, governmental pnordiso Arcs, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first rcavivcd knowledge tom et In the event of any such delay, the date of delivery shall be extended for the period equal to the rime actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, m dvr s drawings, spa faminin, samples end/or other d performed with Ibc highest degree efarm end ex "milar nature The Seller agrees to hold the per Pnrcha er may suffer or incur on account of the Se good, without, cnnIto the posters , any darects of time as may be mascribM by law or by the terms o cceptwore of the goods famished hereunder (ace,, or detective work done or materials famished by A onsdtme a waiver of any claim undo his ..my liability he,nnder shall extend ro all damages no or gu perneco, but such liability shall in ern event in OR MERCHANTABILITY OR OF FITNESS FOR weak covered by this 'Me, will conform milli applicable rs, given, will be AI for the purposes intended, and haaccordance in with accepted dandards for was of a rless from any loss, damage or expense which the each of svarmnty. The Scllcr shall re,lace,,,air, err make melng within arc (I) year or within such longer period of pplicable wasranty provided by the Seller after the date of the breath or lets L APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal loans by written change order, non 5. CHANGES IN COMMERCIAL TERMS The Prrcbers, may make any changes to the terms, ofin than legal terms, including addition, to m delnians from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change affects The amount due or the time of ma omtance herwnder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by women change order. terminate this agreement as to any err all ponioos of 'he goods then no shipped, subject to any equitable adjustment between the panics as to any work or materials then in proams provided her the Parchaser shall not he liable for any claims for anticipated pmfin on the uncompleted pomon cribs goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Soler with respect to any goads which arc the Sellers around stock. No such nomination shall relieve ,he Purcharer or the Seller ofany mfthcir obligmior, as to any goods delivered hereunder. acquired undo federal or .to l laws lam ouch overcharges relating tothe particular gootls or services purchased or acquired by the Purchase, pursuant to this purchase order, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If @c Purchase, directs the Seller m correct aommafomrm, a defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thercafia indicates it., inability ar unwillingness to comply, the Purcbaser may cause the work to be performed by the tenet expeditious means available to ih and he Seller shall pay all cols aesoci sled with such work. The Seller shall rtlease the Purchaser and its conmctnre of any he, Sam all liability and claims of any name esulling ham the performanm chart work. Has same shall apply even in IM1e event of fault of negligence of the parry released and shall extend 10 the directors, oRcom and employees ofsuch parry. The Sellers contrecmal obligations, including warranty, shall not be deemed to be reduced, in any lefty, because such work is Informal or caused In be pdormM by the Purchaser. 14. PATENTS. Whenever the Seller is required to rice any design, device, monarch or process covered by later, patent. Trademark or copyright, The Seller shall indemnify and save harmless the Purchaser firm any and all claims for infringement by reason of the use of such palemed design, device, mmaial or process in connection with the combat and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by ream ofauch infringement at any time during the prosecution or after the completion ofthe work_ In case said equipment or any pan thereof or the intended use of the goods, is in such suit hold to constitute infnngcment and the use of said equipment or pan is enjoined. The Seller shall, at its .,on expense and .1 its unian, either procure far the Purchase, the right to continue using said equipment a pans, replace the same with subsholiaily aural but nominfringing equipment, or modify it so it Incomes noninfringing. 15. RJSOLV ENCY. If he Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, eppiciew a mociver or trustee far any of the Sellers Pmperry or business, this order may five ilh he canceled by the Purchaser without liability. 16 GOVERNING LAW. The definitions of toms, used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed roan and Ea,.cd by the laws of the State ofColsadn, USA. The Reinvents Additional Condition, ,I, only in smas where the Seller is m at.., work babastard,nd including the snrvicos of Scllcrs RMoventative(s), on the promises chatters. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work al Sellers own risk until the same is filly completed and accepted, and shall, I. case of any accident, destruction a injury to the work and/or materials before Sellers final completion and eceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment arc Pomished by pi for installation or nation by the Seller, the Seller shall morive, unli store end handle acme at the it, and became rcaponsibie therefor as though such materials and/err equipmcnf were bung famished by the Seller under the order IS. INSURANCE. The Seller cbell, at his one expanses, provide for ,be pyment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with be work conned by this purchassa ordl and/or to Their dependents in accordance with the laws of the slate in which the work is to be done. The Seller shall also carry comprehensive gmeml liability including, but not limited le. contractual and automobile public liability Imporce with bodily injury and death limits of at least S300,000 for any one pertain S500,000 far any annular and ,an, damage limit per accident of $400,000. The Seller shall b iso require his contactors, if any, to provide for such compensation and insurance. Befmc any of the Sellers or his eontanms employees shall do any work upon the premises ofo,bens, the Seller shall furnish the Purchaser with a ccnifcatc that such compensation and insurance have been provided Such cenlficates shall specify the date when such compensation and insurance have been provided. Such ccnifcatc, shall specify the date when such compensation and insorana expires. The Seller agrees TM1m such compensa ion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sinew herebym esthe entire responsibility and liability far any and all damages lass or injury ofany kind ]. CLAIMS FOR ADID$TMENT. ebwver or nafterm Porous err property, caused by err menlling from the execution ofthe work provided for in Any dam for adjustment must be asserted within thirty (30) days from the date the change or temrination is Iles purchase oMer or in connecion herewith. The Seller will indemnify and hold harmless the Purchamr end any ordered. no rill of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, Charges or cxpcnscs, whether direct or indirect and whether to persons or pmpeny to which the Purchaser may S. COMPLIANCE WITH LAW, be pm or subject by Tracer of any act, action, neglect, omission or default on the pan of the Seller, any of his TM1e Sclicr seam.... that all goods mid hereunder shall have been pradood. sold, delivered and furnished in strict contraction, or any of IM1e Sellers a contranb5 officers, agents at employees In ease any suit at other omplixon with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and pmecedid, shall be brought against the Purolator, or its ofLects..,a. or employees many lime an account or deliver such documents as bey be rcquircd to eRen or evidence compliance. All laws and regulations required to be -by reason of arty on, action, neg Ica. amiona. or default of the Seller of any of has conuanms or any of its a masqueraded in agreements of this charade are hereby inearpamted herein by this reference. The Seller agrees to their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to indemnify and hold the Purchaser harmless from all costa end damages suffered by the Purchaser as a result of the defend the same at the Sellers own expense, to pay any and all costs, charges, amomeys fas and other expenses, Scllcrs failure to comply with such law. any and all judgments that may be incurred by or obtained against the Purchaser or any of its a their officers, agents or employees in such suits a other proceedings, and in case judgment or other lien be placed upon or 9. ASSIGNMENT. obtained against the pmpery, oflhe Poichow, or said parties in or as a result afmch suits a other proceedings, Neither parry shall assign, trual or convey this ordcp or any monies due ar to become due heretmler without the the Seller will at once cause the same to be dissolved and discharged by giving bond aothcmirs. The Sello and poor written consent ofthe ether part% his contractors shall take all safety, prtcaumans, Pomish and install all guards necessary for the possession of 10. TITLE. accident,, comply with rill Iaws and regulations with refund to safety including bur without limitation the The Seller summon full, clear and unrestricted title To the Purchaser for all equipment, materials, and items fumishad Occupational Safety and Health Act of 1990 and all toles and regulators issued pmeuannhat in performance of this agreement, fee and clear of any and all /sans, remit ions, remake..., scanty interest Revised 03EM10 s encumbrances and claims afethers.