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HomeMy WebLinkAbout261519 CAROLLO ENGINEERING - PURCHASE ORDER - 9141130 (2)Fort Collins Date: 05/14/2014 Vendor: 261519 CAROLLO ENGINEERING 10822 W TOLLER DR SUITE 200 LITTLETON CO 80127-5084 PURCHASE ORDER PO Number Page 9141130 loft This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/14/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 CONSULTING SERVICES 1 LOT EA 6,457.00 Natural Areas portion Total $6,457.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Invoice Address: City of Fort Collins Accounting Department 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 Fort Collins is exempt room state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Cedificam of Registry 84-6000587 is registered with the C.11cep r of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref Colorado Revised Stories 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the even, of a breach, the acceptance of payment for goods hereunder or approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due ro defects of any of the warranties or obligations of this purchase under and shall not 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 open receipt of written purchaser to insist upon strict performance ferio for any of its rights or remedies m to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received Or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject m the City of Fort Collins inspection on arrival. 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 pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser premium Oat in acted economic practice, overcharges molting from mutant ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. siltation, are in fact home by the Purchme. Theretofore, for good cause and as coneide ition for executing this purchase order. the Seller hereby cosigns to the Purchaser any and all claims it may now have or hcreufter, Freight Tams. Shipments most be F.O.B., City of Fort Collins, 701 Woad St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular gouts 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 most accompany invoice. Additional charges for packing will not be accepted. 1ft PURCHASERS PERFORMANCE Oc' SELLERS OBLIGATIONS. Shipment from thee. Where mznution Point havedestination, and excess s refight parts de the d from I voice when k If Purchaser the wise the Seder a correct nonconforming or defectcamility or unwillingness by a dateants to be apied comply, the Pr by the ducer expected from the nearest distribution coin, m destitution, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchsser sM1ipments are made from greater distance. may muse the work to be performed by the most expeditious means available m it, and the Seller shall pay ell casts associated with such work. Pemtita Seller shall procure at sellers sale cost all a more, permits, certificates and li¢rmes rcqulred w all applicable laws, regulations, or required by a and rules of the more, d public tmnrory political subdivision where the work is Super rued, or required by any otherdutyof Fort Collinsed public authorityandIrwin, ainsdidion over the desk in urrnd b Seller further agrees to held the City of Fort Coharmless such l and against all liability and loss Sincurred by them by mason of an asserted or established violation of any sucM1 laws, regulations, ordinances, min tu regwremrnts. Authorization. All ponies to this contract agree that the representatives are, 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 terms and conditions stared herein set forth and any supplementary or additional from; and conditions annexed hereto or mcorpomred herein by reference. Any additional Or diB'erent teens and conditions proposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly ifyau cannot make complete shipment to arrive on your promised delivery it.,, as noted. Time is of the essence. Delivery and performance mast be effected within the time stated on the Purchase Order and the documents attached future. No acts of the PurcM1azers including, without limitation, acceptance officers] late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and Namable remedies, the option ofplacing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not one mnably foreseeable which are beyond its reemnable canted and without its fault of negligence, such acts of God, ace of civil m military subsurface. govemmemal priorities, fires, strikes, Rood, epidemics, wars or fiats provided that notice of the conditions causing such delay is given to the Purchmer within five (5) days of the time when the Seller first received knowledge thereof.. In the event of any such delay, the der a of delivery shall be extended for the proud ryual to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other deparmiom' given, will be fit fro the purposes intended, ad performed with the highest degree of core 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 effeminacy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults causing within one (1) year or within such longer period of time as may be pt counted by law or by the moms Of any applicable warranty provided by the Seller after the date of acceptance of the goods Banished hereunder (acceptance not to be pmcasorobly delayM), resulting Spam imperfect or defective work done or materials fumkbed by the Seller. Acceptance or use of ga m la by the Landauer shall and constitute a waiver ofany claim under this warranty. Except as othersise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by race breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfts 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 wrinm change order 5. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other, than legal coma, including middons, m or deletions from the quantities originally ordered in the specification, or drawings, by verbal or wroun change order. If any such change offers the amount due or the time of,aEwmanm beremder, an equitable i dPard. shall be made. 6. TERMMATIONS. The Purchaser may at any time by written change under, terminate this agrecmcn[ as On any or all portions of the goods then no[ shippd, subject to any equitable adjustment bessm m the panim az to any work or materials then in progress provided that the Purchaser shall rent he liable for any claims for anticipated profits on the manna, letd portion of the goods and/or work, for incidental Or co pap,ma [ial damages, end that no such adjus[mrnt be made in favor of the Seller with respect m any goods which art the Sellers standard stock. No such termiwtion shall relieve the Pardoner pr the Seller of any ofduir obligations az to any goods delivered heeandef. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termiwtion is ordered. 8-COMPLIANCE WITH LAW. The Seller ommours that all goods sold hereuder shall have been produced. sold delivered said furnished in strict romphence with all applicable laws and mg datiam to which the goods are subject- The Seller shall execute and deliver such documents as may be puircd to effect or evidence compliance. All laws and regulations required to be ncorpomted N agreements of this chorister are hereby incorporated herein by this reference. The Seller agrees m indemnify and held the Purchaser harmless from all costs and damages suliered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, number, Or convey this order, or any monies due or to become due hereunder without the prior ndnrn consent ofthe otherpxim, 10. TITLE. The Seller wvmnB full, clear and umestriered title to the Pirelli for all equipment, matenafs. and items fiunished in pert nfi ante of this agreement free and clear of any and all liras, nectrictiom, resemtlom, security interest mcumbrmnces will claims ofathes The Seller shall releam the Purchaser end its contractors of any tier from all liability and claims of my velure resulting from the performance of such 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 crucia al obligations, including warranty, 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. Whenever the Seller is required m use any design, device, material or process covered by letter, patent, tmdemmk copynght, the Setter shall indemnify and save harmless the Purchaser from any and at l claims for inGngement by reason of the use of such patented design, device, material or process in cotmection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rcazon of such infringement at any time during the prosecution or after rbe completion of the work. In coo said equipment, or any pan thereof or the intended use of he goods, is in such suit held to constitute infdngc neon and the me of mid equipmem or pan is enjolnai, the Seller shall, in its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pars, replace the some with substantially equal but noninGnging equipment, or modify it so it becomes noninfnnging. 15. MSOLVENCY. If the Seller shall become insolvent or bandoupt, make an assignmem for the bensfil of r chums, appoint reaceiveT osa or nme for any of the Sellers property or business, this mile, navy forthwith be canceled by the Purchaser without liability. if. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights ofall parties hereunder shall be carsrued tinder and governed by the laws Ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreunalivc(sk oa the Itemises of m[fcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry OR mid work an Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work andor materials Odom sences final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purefec m. When materials and equipment art famished by others for imallation or motion by the Setter, the Seller shall receive unload, wore and handle same to the sim and become .,-ible therefor ss though much mammals and/or equipment were being brooded bythe Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers comperuation, including Occupational disease benefits, to its employees employed m or in connection with the work covered by this purchase order, andrmr to their dependent, in accodance with the laws of the sure in which the work is to be done. The Seller shall also cony compreheneve general liability including, but not limited in, compound and automobile public liability inurance with bodily injury and death limits of m leas, S300,000 for any one person. $500,000 for any one ecidem and property damage limit per accident of S400,000. The Seller shall likewise require has contmemrs, if tiny, to pomade for such compensation and insurance. Before any of the Sellers or his contractors employe shall do any work upon the Precious; of others, the Seller shall fumuh the Purchaser with a certificate ,hat such compensation and insurance have been provided. Such cenificalw shall specify the date when such mmtrapation and impmnce have been provided. Such certificates shall specify the date when such compensation and in,wance expires. The Seller agrees that such c uppenamion and insurance shall be, maintained until aRa the rntire work is completed and acccp[ed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the cairn responsibility end liability for any and all damage loss or injury ofany kind or wium whatsoever to person, or property mused by or resulting from the, execution office work provided fm in this purchase order Or in connection herewith. The Seller will indemnify and Mid harmless the Purchaser and any r all of the Purchasers officers, agents and employes from aM agmnd any and all claims, losses, damages, charges or expenses, whether direct or irdirttL and whether to person, or property to which the Purchaser may be pm or subject by reason of my act, action, rmg1M, omission or default an the pan of the Seller, any of has contractors, or any of the Sellers or contractors oRc ps, agents or employees. In case any suit at other proceedings stall be brought against the Purchaser, or its officers, agents or employees at any lime on account or by mason of any act, action. neglect, omission or default of the Seller of any of his expropmars or any of its or their officers, agents or employms so, aforesaid the Seller hereby agrees to assume the defense thermf and to defend the some m the Sellers own expeme, to pay any and all Costs, charges, momOa fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser many of its or their officers, agmts or employees in such suits or other proceedings, aud in cal judgment or other dim be placed upon or our ind against the property of the Purchaser, m and puppies in or ss a result clinch suits or other pmttedirtgs. the Seller will at once muse the same to be dissolved and discharged by giving bond or othervise. The Seller and his commnters shall take all salary precautions, famish and irstall all guartx necesury far Ore pinions. of accidents, comply with all laws and regulations with regard to safety including, but William limitation, the Occupational Safety and Health Act of HOO and all rules out rag minors issued pursuant theme. Revised 032010