HomeMy WebLinkAbout102573 TERRACON CONSULTANTS - PURCHASE ORDER - 9145481Fort Collins
Date: 09/22/2014
PURCHASE ORDER
Vendor: 102573
TERRACON CONSULTANTS
1901 SHARP POINT DRIVE SUITE C
FORT COLLINS CO 80525
PO Number Page
9145481 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 09/22/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Thermal Resistivity Testing
Services
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.00m
1 LOT LS
2,100.00
100.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemption. By statute the City of Fort Collins as exempt fro state and local lazes. Our Exemption Nombre is
98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6o0o587 is to isterW with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smwtes 1973, Chapter 39-26, 114 (a).
Good Rejected_ GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in tmosit, may he resumed to you for credit and are not to be replaced except upon receipt of written
imnuctions from the City of Fort Collins.
Inspection. GOODS arc subtlest to the City ofFod Collins inspection on arrival.
Final Acceptance. Receipt of the merolum ise, services or equipment in improve to this order can result in
ambodxod payment on dhe Pan of the City of Too Collins. However, it is to b, understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable acquired inspection proccelutes.
Freight Terms. Shipments must be F.O.B., City of Poo Collins, 700 Wood St., Too Collins, CO 80522, unless
otM1enwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in sodium pas of the country, shipment is
expected from the nearest distribution Point to datitation, and excess fight will the deducted form Invoice when
shipments are made four, greater distance.
Permits. Seller shall procure at sellers sale cost all acum my permits, cerific rtes and licenses required by all
applicable laws, regulations, ordinances and roles of the sate, municipality, reactor, or political subdivision where
the work IS performed, or r yuired by any other duly conantuted public authority having jurisdiction over the work
of vendor. Seller Former agrees to hold the City of Fort Collin harmless from and against all liability and loss
incurred by them by reason of an assemal or established violation of any such laws, regulations, Ordinances, rates
mid requirements.
Authorization. All parties to this contract agree that the representatives arc, he fact tom fide and pa min full and
omplee mOmr, to bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sated
herein se, forth and any supplementary or additional terns and conditions used hereto or incorporated herein by
reference. Any additional or different tents and conditions proposal by seller arc objecned to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oar your
promised delivery date as noted. Time is of the essence. Delivery and performance most Is, eRected within the time
stated on the purchase order and the documents attached hereto. No is of the Purchasers including, without
limitation, acceptance of partial late del i,.m, sball operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to Other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be, liable for damages m a result of delays
due to causes not remombly foreseeable which are beyond its momerable coneml and with.., its fault ofO,,Iigsnoc,
such is of God, acts prided or military authorities, governmental pnoritim, fares, strikes, Rood, epidemics, wars or
riots provided that notice of the condition causing such delay is given In the Purchase, within five (5) days of the
time when the Seller ]list received knowledge fereof. In the event ofany such delay, the date of delivery shall the,
extended for me penal equal to fie time actually test by nation of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andtor other descriptions given, will be fit for the purpases intended, and
performed with the highest degree of care and compnence in accordance with accepted standard for work of a
similar rvm.. The Seller mi to hold on, purchaser harmless from any loss, damage or expense which the
purchaser may mtRr or incur on accouat of the Sellers breach of warranty. The Sellef shall replace, repair or make
good, without cost to the purchases, any defects or faults arising within one (1) year or within such longer period of
time. may be prescribed by law or by he rem, of any applicable wantonly provided by the Seller after the date of
acceptance of fie good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperf r,
or defective work done or materials famished by the Seller. Acceptance or use of good by fie Purclaner shall not
contimte a waiver of any claim under this uamavi Except m nfeniu pmvided in this purchase order, the Seiler,
liability hereunder shall extend to all damages proximately Hued by the breach ofany of the foregoing we. 1,es
or guarantees, but such liability shall in no event include loss of probes or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILD Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Poehsser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaserten may make any changes to the terms, other than legal mu, including additions to or deletions from
the quantities originally ordered in the specification or drawings, by verbal or written change occur. If any such
change affects the.... due or the time Of,m form ince ha numb , an equitable adjustment shall be made.
6. TERMINATIONS.
The Purch¢er may at any time by written change order, terminate this agreement m to any or all momm, offer
goods then not shipped, subject to any aniable adjustment between he parties is to any work Or mmerid, than in
progress provided fat the Purchaser shall not be liable for any claim fur anticipated profits on the uncomplecd
,onion of Foe good and/or work, for incidenal or consequential damages, and Oat no such adjustment be, made in
favor of the Seller with rnpecr many good which arc the Sellers standard stack. No such mrrnirration shall relieve
the Purchaser or the Seller ofany of their obligations as in any goods delivered hereunder.
]. CLAIMS FOR All USTMENT.
Any claim for adjustment most be assured within thirty (30) days from the dam the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in street
compliance with all applicable laws and regulations t. which the goods are subject. The Seller shell ameme and
deliver such documents as may he required to effect or evidence compliance. All laws and regulation required or be
incorporated in agreements of this character are hereby ivcorpomted herein by this reference. The Seller agrees to
indemnify and hold the Buchner harmless farm all cots mad damages suRer f by the Purchaser as a result of the
Sellers failure,. comply with such now.
9. ASSIGNMENT.
Neither Bm y shall wanq m..far, re convey this order, or toy manims due or as become due hersunde, without the
prior wain consent Of the other party.
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 lien, restnction, reservations, security Interest
encumbmaces and claims mmhur, .
I I. NONWAIVER.
Failure of the Purchaser to imist upon stun performance of the term and conditions hemp , fidum Or delay to
any rights or anomalies provided herein or by law, failure a promptly notify the Sellef in the event of a
breach, the acceptance ofor payment for goods M1 somem er or approval ofthe design, shall not release the Seller of
any of the warranties or obligation of this pufchuse order and shall not be deemed a waiver of any right of the
purchaser to insist upon avid permrraace hereof or any of its rights or remedies n to any such good, regardless
of when shipped, received or accepted, n to any prior or subsequent default hereunder, roar shall any purposed
am[ modification or rescission of this purchase order by the Purebaser operate to, a waiver of any of the ounces
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize than in actual economic pownie, i erchinges resulting form antitrust
violation art in fact borne by the Purchaser. Theretofore, fogood cause and m consideration for executing this
purclas order, the Seller hereby assigns to the purchaser any and all claims it may now have or hemaRe,
acquired undo federal or sate mourn st laws for such ovarcM1orges relating to the punici lar goods or services
purchased or acquired by the Purchaser pursuant o this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller W correct amnconfoming or defensive goods by is date 1. be agreed upon by the
purchaser and the Seller, and the Seller thereaRre indicates its inability or unwillingness no comply, the Penchant,
may cause the work to be performed by the most expeditious means available an it, and the Seller shall pay all
costs associated with such work.
The Seller shall ¢lane the purchaser and its contractors of any tier from all liability and claims of any noun,
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry ,cleated and shall extend to she
directors, officers and employees of such any.
The Sellers conlacmal obligations, including warranty, shall rot be deemed to be reduced, in any way, because
such work is performed or awa'ed to IN peoformod by the Peareffeessur.
14. PATENTS.
Whenever he Seller is required to me any design, device,..,coal or preem, cover d by letter, patent, trademark
or copyright the Seller shall indemnify and save hermleu the Purchaser from any and all claims for infringement
by remain of the use of such ganented design, device, modal or process in connection with the coatmeL and
shall indemnify the Purchaser for any cost expense or damage which it may M obliged to gay by ressaov ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goad, is in such suit held to constitute infHngemnn and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and of its option, either Formic for the
Purchaser the right to continue using said equipment or pans, replace the more with substantially equal on
noninfdnging equipment, or modify it so it betomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make as assignment far the benefit of creditors, appoinn a
receiver or tmsme Or any of the Sellers property or boons, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions offenses red or the interpretation ofthe agreement and the rights of all porous hereunder shall be
e.nstmed code, and governed by the laws of the Sate ofCdomdo, USA.
The following Additional Conditions apply only in cans where the Sella is as perform work hereunder,
including the unites of Sellars Repromen ivds), on the premises. fathers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Setter's own risk until the same is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the walk We, materials before Sellers fal completion and
acceptance, complete the work at Sellers own expense and to fie an isfacuon of the Parelower. When matenals
and equipment art famished by others for installation or erection by the Seller, the Sever shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials cargo, equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, o bin own expense, provide for the payment of wmkm compensation, including accupari mal
disease benefils, to its employees employed On or in connection with the work covered by this pmnhau order,
and/or to their dependants in accordance with the laws of me store in which the work is to be done. The Seller
shall also carry crommelicalive general liability including, but not limited to, cantonment and automobile public
liability insurance
coif bodily injury and death limits of a least 5300,000 for any one person, $500,000 for any
one accident and property damage limit pas accident of S400,000. The Seller shall likewise require his
contactors, if any, m provide for such compensation and inumnce. Before any of rbe 5ellers of his commnors
employees shall do any work upon fie premises of others, the Seller shall fumish the Purchaser with a cedificate
that such compensation and insurance have been provided. Such canifimtes shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the dam when such compensation
and nnurmnce expires. The Seller agrees fat such compensation and inumnce 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, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless fie Purchaser mid any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expresses, whether direct or indirect. and wheter Or person ar gamic ry 1. which the Puchre er may
be, put or subject by reason ofany act action, neglecs, omission or default on the pan of the Seller, any of his
contractors, or any of fie Sellers or contactors Ofcers, agents or employees. In can any suit or other
proceedings shall be brought against the Purchaser, or its offeers, agents or employees at any time on account or
by reason of any act, action, neglect omission or default of the Seller of my of his conttacl m; or any of its or
their afters, agents or employees as afaid, the Seller hereby agree to assume the defense thereof and to
defend the same at the Sellers own experts, to pay any and all eon, chat, ...... eys fees end Our expenses,
any and all judgments fat may he incurred by or obtained against he Purchoser or any of its or their officers,
agents or employees in such suits or other pnceedings, and in case judgment or other lien be placed upon or
obtained against the property of the purchaser, or said parties in or m a result of such suits or other proceedings,
the Seller will at once cause She, same an b, dissolved and d'IschargN by giving bond Or otherwise. The Seller and
his contractors shall take all safety procedures. f ism and install all guard necessary for the pmmaort of
accidents, comply with all laws and regulation with regard ta saucy including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto.
Revised 0i 14