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HomeMy WebLinkAbout264868 SWCA ENVIRONMENTAL CONSULTANTS - PURCHASE ORDER - 9110504PURCHASE ORDER PO Number Page City of 9110504 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 03/16/2012 Vendor: 264868 Ship To: NATURAL RESOURCES SWCA ENVIRONMENTAL CONSULTANTS CITY OF FORT COLLINS PO BOX 92170 200 W. MOUNTAIN ELK GROVE Illinois 60009 FORT COLLINS Colorado 80521 Delivery Date: 01/19/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 6 Change Order No. 3 1 LOT EA 29,940.00 Cam, c3. o"r�:a2s�. U 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tears and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By stanttc the City of Fort Collins is exempt fmm state and local laze. Our Exemption Number is 98-W502. reflood Excise Tax Exemption Certificate of Registry 54-60005R7 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statute, 1973. Chapter 39-26. 114 (a). Goofs Rejected. GOODS REJECTED due to failure to meet specifitatiots, either when shipped or due to defects of damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written instruction, firm the City of Fort Collins. Inspection, GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser in insist neon strict performance of the toms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notifv the Seller in the event of a breach, the acceptance offer payment for goods hereunder or approval o(thc design, shall not release the Seller of any of The wammics or obligations of this pnrehnsc order and shall not be deemed a waiver crony right of the Purchaser to insist upon strict performance hemofor any of its rights or remedies as to any such good, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor .shall any purpe led nml modification or rexcis ion of this purchase order by the Purchaser operate as a w:mwr firmly of the tans herself Final Acceptance. Receipt of the merchandise, services or equipment in response In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS. authorized payment on the pan of the City of Fort Collins. However, it is to be undcrslmd that FINAL Seller and the Purehnser recognize that in retail economic practice, overcharges resulting fmm amtitmst ACCEPTANCE is dependent upon completion of all applicable required inspection Procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing O s purchase older, the Seller hereby assigns to the Purchaser Toy and all claim, it may now hoc or hereafter Freight Temp. Shipments must be F.O.B.. City of Fort Collins 700 Wood St.. Port Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services olhennise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in varimu pans of the country, shipment is If the Purchaser directs the Seller In correct nonconforming or defective goods by a dare to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or nmvillingnecs to comph', the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pemuits. Seller shall procure at sellers sale cost all macs,ary Pcmits. certificates and licenses required by all applicable laws, regutatians. ordinances and mles critic state. municipality, territory or political subilivisinn where the work is performed, or required by anv other duly constituted Public authority having jurisdiction over the work of vender. Seller further agrees to hold the City of End Collins hamdess fmm and against all liability and loss incurred by them by reason of on asserted or established violation of any such laws, regulations ordinances, n res and requirements. Authorization. All panics to this contract agree that the crraemntivcs arc, in fact. bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terms and conditions stated herein set forth and any supplementary or additional tans and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions propescd by seller arc objected loan(] hereby rejected. 2. DELIVERY. PLEASE ADVISE PURC14ASING AGENT immediately if you cannot make complete shipment to ,ni,c on you premised delivery date as noted. Time is of lot essence. Delivery and Performance must be effected within the time stated on the purchase order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance ofpartial Inte deliveries, shall operate ass wniver of this prevision, In the event office delay, the Purchaser shall have, m addition to other legal and ceniable munches. the option of Placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes ram reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligmee. such acts of God. acts ofeivil or military authorities. governmental Priorities, fires, strikes. Bond, epidemics, wars or riots Provided that notice of the conditions entoing such delay is given to the Purchaser within five (5) days of the time when the Seller first received 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 variants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications samples and/or other descriptions given, will be ❑t 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 wammy. The Scllcr shall replace, repair or make good, without cost to the purchaser. any defects or f ults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), rcadting from imperfect or defective work draw or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as other, se provided in this purchase order, the Sellers liability hereunder shall extend to all draoces proximately caused by the breach of any critic foregoing warranties or gumantees, but such liability shall in no event include loss of pmfit% 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 tcmss by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change older. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by oTima change order, terminate this agreement as to any or all Portions of the goat then ram shipped, .subject to any equitable adjtstmctu between the parties as to any wnrk or materials then in pmgms provided llsm.b, Purchaser shall not be liable for any claims for anticipated Profits on the uncompleted puniom critic gods and/or work, for incidental or consequential damages, and that no such adjustment be made in Favor of the Seller with respect to any goods which are the Sellers sondard stock. No such termination shall relieve the Purclmscr or The Seller crony ofthcir obligations as many gods delivered hcretmder. 7. CLAIMS FOR ADJUSTMENT. Any claim for al olusent must be asserted within thin (30) days From The date the change or Termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and Famished in strict compliance with all applicable laws and mmilations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify tool held the Purchaser ham lcss from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall ac igm. Transfer, or convey this order. or any monies due or to become due hereunder without the poor writes consent of the other party. 10.TITLE. The Seller warrant, full. clear and unrestricted tide to the Purchaser for all equipment. materials. and items furnished in perfnnnnnce of this agreement, five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of ethers. The Seller shall relense the Purchaser and it contractors of env her fmm all liability and claims 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 extend to the directors, olBccrs and employees w'such partv. The Seller's contractual obligations, including warm, nty, shall not be deemed to be reduced. in any way. because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whencvo the Seller is rcquircd to use anv design, device, mmcrial or process cm,cred by later, Patent, trademark or enpyright the Seller sbull indemnify and mare harndess the Purchaser From any and all claims for infringement by mason of fhe use of such patented design, device, material or pmeess in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be nbliged to Pay by reason of such infringement it any time during the prosecution or after the completion of the work. In case slid equipment, or any Part thcrcof or the intended use of the goods, is in such snit held in constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or Pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes noniafringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make in assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property, or business. this older may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall he construed under and governed by the laws of the State of Colorado. USA. The folle,ving Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the scn'ices of Scllcrs RepTeSCrahwc(s), on the premises Mothers. 17, SELLERS RESPONSIBILITY. The Scllcr shall cony on slid work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury m the work and/or materials before Scllcr'a final completion and ,acceptance, complete the work at Scllcr's own cxpcnsc and to the satisfaction of the Purchaser. When materials and equipment ore fiunished by others for installation or erection by the Seller, the Scllcr shall receive, tmload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Scllcr shall, at his own expense pmvidc for the payment of wnrkm, compensation, including recupalimml disease benefits to its cmployccs employed on or in connection with the work covered by this purchase order. and/nr 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 automobile public liability insurance with bodily injury and death limits of at (cast S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S4110,0110. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofmhers, the Sellershall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires, The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is complctcd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sellcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury, ofany kind m nature whatwe,cr to persons or property caused by or resulting from the execution of the work Provided for in this purchase order m in connection herewith. The Seller will indemnify red hold harmless the Purchaser and am, or all of the Purchasers officers, ,Scats and employees from and against nay and all claims, lasses damages, charges or expanses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or sobject by mr,cm of any act, action, neglect omission or default on the part of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmccalings %ball be brought against the Purchaser, or its officers agents or cmployccs at any time on account or by reason of any eel, action, neglect, emission or default of the Seller crony of his contractors or any of its or their officers. agents or cmployccs as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the s,amc it the Scllcrs own expense, to pay any and all cmts, charges, attorneys Ices and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser no any of its or their officers. agents or employees in such suits or other pmcccdings, and in case judgment or other lien be placed upon or obtained against the Property of The Purchase, or said panics in or as a result of such suits etcher proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, fwmish and install all guards necessary for the prevention of neeidents, comply with all Imes and mpilation. with regard to safety including. but without limitation, the Occupational Safety rod Ilcalth Act of 1970 and all talcs and rcgrdations issued pursuant thereto. Revised 0312010