HomeMy WebLinkAbout264868 SWCA ENVIRONMENTAL CONSULTANTS - PURCHASE ORDER - 9146839PO
PURCHASE ORDER 914683er Page
City. of46839 t of
' `} Collins` This number must appear
V on all invoices, packing
sli s and labels.
Date: 11/21/2014
Vendor: 264868
SWCA ENVIRONMENTAL CONSULTANTS
PO BOX 92170
ELK GROVE IL 60009
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11/21/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity uOM Unit Price Extended
Ordered Price
1 Addendum to PO 9110504
addtl Database Enhancements
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
1 LOT LS
12,200.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By some the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collecmr of
Failure of the Puahzser to insist upon enter performance ofthe terms and conditions hereof, failure or delay no
Internal Revenue, Denver, Colorado (Ref Colorado Revised Suwtes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify file Seller in the event of a
breach, the acceptance ofor payment for goods hereunder m approwl Of the design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due. failure to meet specifwtions, either when shipped Or due to defects of
any of the warranties Or obligations of this province order and shall not be deemed a waiver of any right of the
damage in transit, may be rumored . you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict Performance Immoral my of in fights Or remedies as m my such goods, regardless
instructions form the City ofFort Collins.
of when shipped, received or accepted, as to my prim Or subsequent default heremMer, nor shall any purponed
am[ modifclumn or rescission of ibis purchase order by the Purcbaer operate as a waiver of my of the nines
Inspection. GOODS are subject o the City of Fort Collins inspection on arrival.
hercof.
Final Acceptance. Receipt of the meelvmdiw, search. or equipment in rapoase Io this oMer can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amhorined payment On the pan of the City of Fort Collins. However, it is to be understood Out FINAL
Seller and the Purchaser recognise that in actual economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependant upon completion ofall applicable required inspection procedures.
violations we in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing Nis
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Ten¢. Shipments most be F.O.B., City of TO. Collins, 7W Wood Sc, Fort Collins, CO 80522, unless
acquired under federal or slate antitrust laws for such overcharges leasing to the particular goods ar services
mherwiw specified On this oMer. 11'Permission is given to prepay fight and charge separately, the original freight
purchawd Or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for parking will no, be accepted.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans Of the country, shipment is
If the Purchaser directs Ne Sella to correct nonconforming or defective goad by a date to be agreed upon by the
expected firm the nearest dominant n point to destiru tion, and excess fight will be deducted from Invoice when
Puchaer and the Sella, and the Sella thereafter undersea its inability or unwillingness to comply, tine purchaser
shipments are made fmm greater distance.
may cause the work a be performed by the most expeditious meare available no it, ma the Seller shall pay all
coves wassiated with such work.
Permits. Seller shall procure at sellers sole cast all mical pennies, wrtifwnes and ho mac fielm ul by all
applicable laws, regulations, ordirences and roles airline seam, municipality, tertrory or political subdivision where
the work is perf n ntxd, or required by any tuber, duly constructed public authority havingjurisdiction over the work
Of vendor. Seller further agrees to hold the City of Pon Collins hmmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, bore file and possess full and
omplete authority m bind mid at..
LIMITATION OF TERMS. This Purchase Order expressly limits nocraver to the temw end arlditimn stated
herein set fold and any supplementary or additional terms and conditions amexed here. or incorporated herein by
reference. Any additional Or dinc all terms and everddeares proposed by seller are objected to card hereby rejaned.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery now as noted. Time is Of the essence. Delivery and pc, unwrm ram, M alreaed within the time
stated on the purchase order and the documents attached hereto. NO oak of the Pumhasa s including, violoun
limitation, acceptance of partml late deliveries, shall operate as a waiver arras provision. In the event of my delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sella liable for domag.. Howes'., the Sella shall not he liable for damages as a result Of delays
due to tausws not reasonably favorable which are beyond its reasonable annual and without in fault of negligence,
such aces of Gad, acts orcivil or military authorities, governmental pdostfirms, strikes, flood, epidemiq wars or
riots p.,idcd Nat entice Of the asnditions causing such delay is given no the Purchase within file (5) days of the
time when the Sella first received knowledge therm!. In the an of any such delay, the date of delivery shall to
extended for the marl ra l to the time actually lost by reason ofthe delay.
3. WARRANTY,
The Seller warrants that all goods, articles, materials and work caveml by this order will coif rm with applicable
drawings, specifications, samples similar other deacriptioas given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standard far work of a
similar nature. The Seller agrees to hold five purchaser Families form any loss, damage or expense which the
Purchases may suffer or incur on account ofthe Sellers breach ofwartanry. The Sella shall replace, repair or make
good, without cost to n,e purehawr, any defect or faults arising within one (1) year or within such longer paiod of
time w may he preutb M by law or by the terms of ary applicable wmmnry provided by the Sella after the date of
aseeptmu of the good f ishcd here rder (attcpume Me to tr unreasonably delayed), resulting floor imped'at
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
comnince a waiver ofi ny claim under this warmnry. Except as othemise provided in this purehnw order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrantms
or guarantees, but such liability 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 Purchasa may make changes to legal teems by warom change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes so On, terms, oMer, main legal terms, iuclish, additions . or delmions from
the quantities originally ordered in the spaifiwtions or drawings, by cabal or waimen change order. If my such
change affects fire amount due or the time ofperfomtacee hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject m any equitable adjustment hclween the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated pmfirs on the uncompleted
portion of me goods anNor work, for incidental or comssinatial damages, and that no such adjustment be made in
favor of the Seller with reopect to any goods which —the Sellers standard stock. No such Icrminanum shad relieve
the Purchaser in the Sella of my ofmair obligation as to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjusment must be assured within thin (30) days from the dam file cage or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Out all goods sold hereunder shall have been produced, said, delivered and famished in mint
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such document, as may be required to effect m evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnity and hold the Purchaser Morales fmm all its and damages suffetd by the Purchaser as a malt argue
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, fires , or convey this order, or any moni. due or to become due hrreunder wifom dw
prior written consent ofthe other panty.
10. TITLE,
The Sella 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 mal all diem, restrictions, reservations, security interest
cocumbmnces and claims ofatham.
The Sella shall release the Purchaser and in contractors Of any her from all liability and claims of any nature
reselling from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the pray released and shall extend W the
direct.., affects and employees of such Party.
The Seller's contmetml obligations, including warranty, shall not be deemed W be r duced, in any way, because
such work is performed ar caused to be performed by the Purchaser.
14. PATENTS.
Wherever the Sella is «quired to use my design, device, cammal at process covered by later, patent, trademark
or copyright, the Sella shall indemnify and rave harmless the Purchaser fmm my and all claims for infrngemem
by maxon of the use of such Formed design, device, material or process in association with the contract, ab
shall indemnify the Purchaser for any cost, expense or damage which a may be obliged to Pay by reason of such
infringement m my time during the proseariem or after the completion of the weak. In case said equipment, or
any pan thereof or the intended use Of the goods, is in such suit held to 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 fight to continue using mid equipment in pans, replace the same win, substantially equal but
immufringing equipment or modify, it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or baN;mPt nuke m assignment for Ore benefit of creditors, appoint a
or tmsme for my of Ne Sellers property or business, Nis order may forthwith be wuccW by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the rights ora[] Parties hereunder shall he
musuucd under and 6evemed by the laws .[the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller ism perform work hereunder,
including the services of Sellers Reprtwnmtive(s), on the premise of others.
17. SELLERS RESPONSIBILITY.
The Sella shall am, on said work or Sellers own risk wtil the same is fully completed and accepted, and shall,
to was of my accident, damnation or injury no the work arNor matmals before Sellers final complelm and
acceptance, complete the work in Sellers own expense and to the mtisfaction ofthe Pumhasa. When materials
and equipment are fwaished by others far immlistion or erection by the Sella, the Seller shall receive, unload,
start and Mndle more at the site and become raponsible therefor as though such matmah and/or equipment
were being famished by the Seller andante order.
18. INSURANCE.
The Seller shall, at his Own expense, provide for the payment of workers confirmation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by his purchase order,
and/or to thew dependents in accordance with the laws of the state in which the work is to he done. The Seller
shall also carry asmprehen we general liability including, but not limited ., mnrrecnnl and automobile public
liability Insurance coif bahly injury aM death limits of at lean S3W.W far my one person, 5500,000 far my
One accident and property damage limit per accident of $400,000. The Seller shall likewise require his
m temamrs, if-, to provide far such compensation and insane.. Before any of Ne Seiler, or his eommnors
employees shall do my work upon the premises of Others, the Seller shall famish the Pmchasa with a cenificare
that such compensation and insurance have been provided. Such wi ificmes shall specify the date when such
compensation and insurance have been provided. Such cenificaes shall specify the date whm such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assa . the entire responsibility and liability far any and all damage, loss or injury army kind
or nature whatimmer no persons or property caused by or resulting fmm the amartion ofthe work provided for in
this purchase order or in connection herewith. The Sella will indemnify and Mid harmless the Purthuer and any
r all of the Purchasers officers, agents and employees from and against any and all clams losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property W which file Purchaser may
Ill, put or subject by rmom of any act, anion, neglaL omission or default an 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 an, when, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and a
defend the acme . the Sellers own exp osm, to pay any and all costs, charges, eW.11 fats mW other 1-1-1
my anal all judgments that may be incurred by or obtained against the Purchase, or my of its or their officers,
agents or employees in such suits or other proceedings, and in cue judgment in other lien be plattd opera or
obtained against the property of the Puchaer, of said banes in in as a result ofmch saw in other proceedings,
Oa Sella will err matt cause the same to be dissolved and committed by giving bold or otherwise. The Sella and
his exmranors shall take all safety precaution, famish and htstall all guards nxeswry for the prevention of
accidents, comply wit all laws and mgulation with regard to safety including, but without limitation, die
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therao.
Revised 072o14