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HomeMy WebLinkAbout121136 NORTHERN ENGINEERING SERVICES INC - PURCHASE ORDER - 9146338Fort Collins Date: 10/29/2014 PURCHASE ORDER Vendor: 121136 NORTHERN ENGINEERING SERVICES INC 301 N HOWES ST SUITE #100 FORT COLLINS CO 80521 PO Number Page 9146338 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10/29/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Museum of Discovery Provide Engineering and surveying services Site & Drainage Certification. Per Standard Service Agreement dated October 17, 2014. 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 Fart Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT LS Total Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By starch, the City of Fort Collins is exempt frown sate and local axes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is rtgisterd with the Collector of Internal Revenue, Last Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 fa). Goods RejwwxL GOODS REJECTED due to failure to meet specifications, either when shipped or due to detbot of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instmetime, from the City of Fort Collins. [.,crash. GOODS are subject to the City of Fon Collins inspection oa arrival. Final Acceptance. Receipt of the merchandise, savicas or attainment in response to this order can r colt in adlumbe d payment on the pan of the City of Fan Collins. However, it is to be understood far FINAL. ACCEPTANCE is dependent upon completion of all applicable rtquired inspection proadums. Fort& Teats. Shipman must be ROD, City of Fart Collins, "loft Wood St, Fort Collins. CO 80522, unless otherwise specified on Nis order. If permission is given to Phil freight and charge input the original freight bill most accompany iuv"oice. Additional charges for puking will not be accepted. Shipment Distance. Where manufacturers have distributing points in agious pacount, gains of the countshipment is expected tam the nearest distribution point todestination, and excess freight will be deducted tam Invoice when shipments are made from greater distance. Permits. Seller shall prame at sellers sole cost all necessary permits, cenifcata and licenses required by all applicable Incas, regulations, ordinances and roles of the slate, municipality, territory or Political subdivision where the work is performed, or required by any other duly constioreed public amhonty having jurisdiction over rise work of vendor. Seller fuller agrta IU hold the City of ran Collins harmless from am against all Instead, and loss incurred by than by reason of an recorded or anrcblixhed violation of any such laws, regulations, ordinances, roles and requic men.. Authorization. All panic to this contract agree Nat me represenmtives are, in fact, bow foe and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional rents and conditions annexed bump or incorporated herein by reference. Any additional or different terms and conditions prepared by seller are abjecom to and hereby rejected. 3. DELIVERY. PL17ASE ADVISE PURCHASING AGEsNIimmediately ifyou cannot make complete shipment to drove on your Promised delivery date as noted Time is aria, essence. Delivery and performance most be effected within the time stated on the purchase order and the documents awched hereto. No acts of the Purchasers including, without limitation, acceptance officinal late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchases shall have, in addition a other legal and separable remedies, the option of placing this order elsewhere ape holding the Seller liable far damage. However, Ne Seller shall W1 M liable for damages as a is of delays due a causes or terism ly foreseeable which art beyond is reamnable cony arm without its fault ofntegligencq such such, of God, aces of civil or military authorities, governmental prmaters, fires, strikes, food, epidemics, wars or not provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Setter 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=mal]y last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit far the puepmes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella ogreat to hold the purchase, hamlesss from any 1.0, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without lotto the pmebaser, any defects or fault arising within one (1) year or within such longer period of time as may be Invented by tow w by the temp army applicable—ly Provided by the Sella refer the data of acceptance of Nei goods fu,rdshed hensuMer (acceptance not to be urueasorubly delayedk resulting from imperfect or detective work done or materials fumishcd by the Seller. Acceptance or use of good by du Pmx1wa sholl not wmtitute a waiver of my claim under this wmrmly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shlll extend 10 all damages proximately caused by the bench of any of the foregoing wamntiew or guarantees, but such habiliry shall in no event include loss of profits 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 toms, other than legal terns, including additions an or delesiom from the gmcco ie, cf,iwlly ordered in the spai ficatiom or drawings, by vabj or written change order. If any such change offer. the amount due w the time afperfomance h—re a, an egOi.bla mljusement shall be, at 6.TERMINATIONS. The Tionesta may or any are by written change Omer, rermiwe Nis agreement as Ip any or, all portiom of the goods then not shipped, subject to any equitable adjustment Foresaw the panics as a any work or matmals then in porgnas provided thou the Purchase, shall not be liable for any claims far anticipated profits on Ne ummmpleted portion of the good and/or work, for incidental or consequential damages, and shot rho such adjustment he made in favor of the Sella with respect to any goods which art the Sellers standard stock. No such lamination shall relieve the Purchaser or the Sella ofany oDwil obligations m to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Nic, (30) days from the date the change or lamination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warren. Nat all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with OF applicable laws and regulations to which Ne goads the subject The Sella shall execute and deliver such documents as may he res, iml to effect m evidence man,lizncr. All laws sub regdatious required an be incorporated in agreements of this character suns hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Pumhzser M1ntmlea from all cost and damages suffi red by the Purchaser to a result of the Sell. failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, master, or convey this order, or any monies due or to became due hereunder without the prior written cement of the other party. 10. TITLE. The Seller wamns full, clew and unrestricted title to the Pannonian for all rquipmcnt mucar als, and items famished in performance of this agreement f and clam of any and all lieus, mWctiam, reservations, mainly interest ewumbrwce and claims of others. II. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to examise any rights or remedies provided herein or by law, failum to promptly notify the Seller in the event of s branch, the acceptance ofor payment for goods hereunder or approval ofthe deign, shall not release me Sella of any of the wa cwties or obligations of this Durcbam order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless of when shipped, received w accepted, as to any poor w subsequent default hemundea nor shall any Orcponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sallee anti the Purchaser incognita Out in =rod economic practice, manhar as news g f .,a., violations are in final bome by the Purchaser. Theretofore, for good enure and res consideration for executing this purchase order, fire Seller hereby msigw an the Purchaser any and all claims it may now, have or hereafter acquired maker federal cr sate antitrust lawn for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direcs the Seller to cancer nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sellm, and the Seller thereafter indicates as inability or unwillingness to comply, the Purchaser may more the work to be performed by the most expeditious means available to it, and the Sella shall pay all cos. associated with such work. The Seller shall releae the Purchaser and its contractors of my tier form all liability and claims of any nature resulting from the Performance crunch work. This release shall apply even in Re event of fault of negligence of the parry released coal shall extend to the directors, a1Bcar, and employees ofsuch pasty. The Scllers command! Obligations, including w'amnry, shall not he droned to he reduced, in any way, bracts, such work is performed or caused to he performed by the Purchase. 14. PATENTS. Whenever the Seller is required to me any design, device, material or process cooled by later, pater, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pound., for any cast, extras, or damage which it may be obliged a pay by reason of such infringement at any time during the prosecution or refer the completion of the work. In case said compared, or any pan therm( or the intended me of the goods, is in such suit held to amplitude infringement and the me or said at ipmene 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 mid equipment or part, replace the same with subseentially egwl but nocturnal equipment or modify a as it becomes naninGnging. 15. INSOLVENCY. If the Salle, shall become insolvent or bankmpt, make an assigmnent for the benefit of creditors, appoint a mainly or theme for my of the Sellers peeperty or business, this order may forthwith be cavcoled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and ne rights of all panic hereunder shall be conswed under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases when, the Seller is to perform work hereunder, including the services of Sellers Repreamertive(s), on the premises of offers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed ape accepled, ape shall, in rase of my accident, detraction or injury in the work aoNor materials began, Sellers Baal completion ape acceptance, complete the work in Sellers own expense and to Nei satisfaction of the Purchaser. When cratenats and egitipmene are famished by others for installation w crea. by the Seller, the Seller shall receive, ualwd, ware and handle mate a1 the site and become responsible therefor m though such mammals and/or emipment were being f Ished by the Seller under the order. 18. INSURANCE. The Seller shot], at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andor to their dependens in accordance with the laws of the state in which the work is to be done. The Sella shall also an, comprehensive general liability including, but not limited to, commented and automobile public liability insurance with bodily injury and dean limits ofen least E300.000 for any one person, S500,000 for any = accident and property damage limit per accident of 54(Xddll The Sella shall likewise require his excursions, if any, to provide for such compensation and assurance. Before any of the Sellfix or his contractors employees shall do any work upon the premises of oltea the Seller shall fumuh the Purchaser with a renifirate that such compensation and iwumrtce have been provided. Such cenifrztes shml specify the date when such compewtion and insurance have ban provided Such cenifrcere, shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation suss insurance shot] be maintained until after the entire work is completed amid aecemed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the emir, reponsibiluy and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from me execution of the work provided for in this purchose order or in attraction herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damage, charges or expenses, whether direct or indirect, and whether to persons or property to which me Purchaser may be pat or subject by reason of any act, action, neglect, omission or default an the pan of the Seller, any or his connotations, or any of the Sellers or contracors olEcers, agents ew employees. In case any snit or other proceedings shall he brought against the Purchaser, Or is officers, agents or employees at any rime on=cowl or by reason of any act action. Men, omission or default of Ne Seller of my of his commaors or any of its or their ofc., agents or employees our aforesaid, the Sella hereby signs. to resume the defiam thercof and to defend the scone at Ne Sellers own trade.. to pay any and all cost, chag., attorneys fast, and other expema, any and all judgments that may he incurred by or obtained against the Purchase or any of is or they offcars, agents or employees w such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against she property ofthe Purchaser, or said parties in or as a result of tech suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his comments sbml take sll safety proration, famish and imtall all gourds necessary for the pre it. of accidents, comply with all laws and regulations with round to safety including, but without lima ition, the Occupational Safety and Health Act of 1970 and all Was and regulations issued pursuant thereto. Revised 07nOl4