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HomeMy WebLinkAbout492167 TETRA TECH CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9115207PURCHASE ORDER PO Number Page City Of 9115207 1 of z � } Collins This number must appear ` on all invoices, packing slips and labels. Date: 05/03/2012 Vendor: 492167 Ship To: TETRA TECH CONSTRUCTION SERVICES INC 5401 E 48TH AVE DENVER Colorado 80216 ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 09/07/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Change dollar amounts CSU 1 LOT EA 34,427.05 Hi John, PO #9115207 for Tetra Tech needs to be adjusted to reflect the portion. identified as CSU costs. If you prefer I enter a req to adjust this, please let me know. Please decrease 400903250.521170.90 by $34,427.05 Please add a line for 400903290.563040.6 $34,427.05 Erika, please confirm that this is the final correct amount for the CSU portion for the work that Tetra Tech did, I am taking this number from your spreadsheet for the PE (which I am still holding). Sandy 4 Change dollar amounts CSU 1 LOT EA-34,427.05 Total Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fon Collins is exempt from slate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry "-6000587 is registered with the Collector of Internal Revenue, Dcnver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, 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 Spun mccipt of written instructions from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection an arrival. 11. NONWAIVER. Failure of the Purchaser In insist upon strict performance ofthe icmn and conditions hereof, failure or delay to exercise any right or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of any of the wmmnties or obligations of this purchase order and shall not be deemed a waiver crony right of the purchaser to insist upon strict performance hercofor any of it rights or remedies as to anv such goods, regardless of when shipped, received or accepted, as to any prior or Subsequent default hereunder, net .shall any purported am] modification of rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection ptoccdures. violations arc in fact borne by the Purchaser. Thercmfore, for goad cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herca Rer Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or 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 various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thco a0cr indicates its inability or unwillingness to comply, the Purchaser shipments ore made from greater distance. may cause the work to be perfommed by the most expeditious means available to it, and the Seller shall pav all costs associated with such work. Permits Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required be any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assMcd or established violation of any such laws, regulations ordinances, mlcs and requirement. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terms and conditions stated herein set fnnh and any supplementary or additional terms and conditions annexed basic or incorporated herein by reference. Any additional or different remiss and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as; noted. Time is of tore essence. Delivery and performance must be effected within the time Stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a Waiver of this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hmvcvct, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligmce. such acts of GmL acts ofeivil or military authorities, governmental priorities, fires, strikes Rood, 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 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 rcamn ofthe delay. 3. WARRANTY. The Seller waraats that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, 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 ofthe Scllcrs breach of warranty. The Seller shall replace, repair or mike good, without cast to the purchaser, any defects or fault arising within one (1) year or Within such longer period of time as may be prescribed by Jr. or by the terms crony applicable warranty provided by the Seller o0e, the dam of acceptance of the Sands famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a w'.ixcr crony claim under this warranty. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony ofthe foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits 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 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 from the quantities originally ordered in the specifications or drawings. by verbal or Written change order. If any Stich change affects the amount due or the time ofperfonnancc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by Written change order, terminate this agreement as to any or all portions of the goods then not Shipped, subject to any equitable adjustment between the panics as to any Work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prom on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment he made in favor ref the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Putehawr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods mid hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grad arc subject. The Seller shall execute and deliver such documents as may be required to effect or widens 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 and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this omlcc or any monies due or to become due hereunder without the prior written consent of the other pans. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rmmrvntions. Security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such party. The Seller's contractual obligations, including womenry, shall not be deemed to be reduced, in any way, because such wort: is performed or caused to be perforuwd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlesss the Purchaser from any and all claims for infringement by rcamn of the use of Such patented design. 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 pay by reason ofsuch infringement at any time during the prosecution or a0cr the completion of the work. In case mid equipment, or any part thereof or the intended use of the goods, is in such Suit held to constitute infringement and the use of mid 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 noninfringing equipment, or modify it so it becomes noninfringing. 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 property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions arrows used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consorted under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rermsentatoc s), on the premises ofothers. 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, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the purchaser. When materials and equipment are famished 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 as though such materials and/or equipment were being furnished by the Seller tender the order. 18. INSURANCE. The Seller shall. at his own expense. provide for the payment of workers compensation. including occupational disease benefits, to it 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 gencrul liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at Isma S300.oao for any one person. 5500.000 for any one accident and pmr" damage limit per accident of 5400,000. The Seller shall likewise require his contractors. Irony, to provide for Stich compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upno the premises of athers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and ins umnce have been pmvidcd. Such certificates shall specify the date 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 Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or pmperty caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold li mmless the Purchaser and any or all of the Purchasers officers, agents and employees four and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason 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. agents 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 its 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 men expense, to pay any and all cents, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of it or their officers, agents or cruployces in such Suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property ofthc Purchaser, or said panics in or as a result of Such suits ar 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, furnish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safetyand Health Act of 1970 and all rules and regulations issued pursuant theme. Revised 03/2010