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HomeMy WebLinkAbout541377 TERRA MENTIS ENVIRONMENTAL - PURCHASE ORDER - 9146331Fort Collins PURCHASE ORDER Date: 01/09/2015 Vendor: 541377 TERRA MENTIS ENVIRONMENTAL CONSULTING INC 4467 PEMBROKE GARDENS BOULDER CO 80301 Delivery Date: 10/28/2014 PO Number Page 9146331 1of2 This number must appear on all invoices, packing slips and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Buyer: PAUL, GERRY Note: Line Description Quantity Ordered UOM Unit Price Extended Price 7 Consulting Services Invoice # 1685 1 LOT EA 1,685.00 8 Transfer funds to 070 1 LOT EA -4,954.00 9 Transfer funds from 071 1 LOT EA 4,954.00 Total $1,685.00 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.mm 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 statute the City of Tom Collins is exempt from sate and local tax,. Our Exemption Number is 11. NONWAIVER. 98-0,1502 Textron] Excise Tax Exemption Canificme of Registry 84-6000581 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the temp and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). cxe¢iss any rights or remedies provided herein or by law, failure to promptly notify me Seller in the avoid of a breads the acceptance for paymart for goods hereunder an approval mTRm design, shall Trot release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specifications, either whin shipped or due to der is of say, of the warmmies or obligations of this purchase order and shall not be, doomed a waiver of any right of the damage in transit, may be command to you for credit and are not to be replaced except upon major of writes purchaser to insist upon strict performance forearm any of its rights or m aid ics as to any such goods, regardless inshuchons from the City of Fiat Collins. of when shipped, received or adapted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or scission of this purchase order by the Purchaser operate as a waiver of any of the temps Inspedion. GOODS are subject to der City of Fort Cellha inspection on arrival. hereof. Final Accordance. Receipt of the merchandise, services or equipment in response to this oNer can mill in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment m the pan of the Ciry of Fon Collins. However, it Is to W understsad chat FINAL Seller and the Purchaser malicious that in actual dowshic practice, overcharges resulting from antitrust ACCEPTANCE is deposition, upon completion ofall applicable required inspection procedures. violations arc intact home by me Purchaser. Thetemfrre, for good cause and as consideration for executing this purchase coda, me Seller hereby aasigns to me Purchaser my and all claims it may row, have or herezfler Freight Tams. Shimmers, mum be F.O.B., City of Fort Collins, 700 Wood St., Tom Collins, CO 80522, unless acquired Oder federal or sate antitrust laws fro such overcharges relining to me particular goods or services otherwise specified an thus mach. If pmandanon is given to prepay freight and charge separately, the original freight pmdhasdd or acquired by the Punctuator pursuant to this purchase coder. bill must accompany invoice. Additional charges fro packing will trot be acceded. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where ranufuturds have distributing Points in dap ua pars of the country, shipment is If me Purchaser threes, the Seller to correct nonconforming or deicdde goods by a&te ro be agreed upon by do, expected from the neamt distribution Point lu dotination, and excess freight will be deducted from Invoice when Purchaser said the Seller, and the Seller thermller indicates its inability or unwillingness co comply, the Purchaser sltipmms, are made from grounds distance. may cause the wok to be performed by me mast expeditions means evadable in it, and the Seller shall pay all rasa associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, anificamo and licernm required by all applicable laws, tgulation, ordinances and toles of Ue ware, municipality, territory or Political subdivision where me work is pedbread, at required by any other duly constituted public authority havingjurisdiction over the work of vends. Seller further agrees m hold the City of Fan Collins hmmlas fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, toles and regairemens,. Ammunition, All parties to this contract agree that the representatives arc, in fact, was fide and possess bill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teams and conditions stated herein set forth said any supplementary or additional terms and conditions apposed holm or incorporated herein by reference. Any additional or diRenew terms cod conditions proposed by seller are objected W and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your Promised delivery date as noted. Time is of the essence. Delivery and performance now be etme ed within the time stated on the purchase order and the documents watched hereto. No act of the Purchasers including, without hinimtion. acceptance organist late deliveries, shall op,mc us a mor, of this provision In the event orally 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 as a mu t of delays due to causes not r ountai , Intractable which are beyond its assumable control and without its fault ofnegligence, such acts o'God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nuts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fist received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for me pond equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials ad work covered by this order will conform with applicable dawings, specification, samples ,Poor other descriptions given, will be bit for the parEmes intended, and performed with the highest degree of core and competence in accordance with accepted standards for work of a similar pore. The Sella agree to hold the Imbalance famless fmm any loss, damage or expense which the Purchaser may suffer or incur on account office Sellers breach of warraway. The Salley shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (I) year or within such longer paid of time as may be, prescribed by law or by the terns, of my applicable warmttry pmvidd by $e Seller after me data of acceptance of We gook banished heranrd, (acceptance not to be werawa ably delayed), resulting lions imperfect no defscive work done or mandrils famished by the Sella. Acceptance or use of goods by the Purchases shall and comminute a waiver of any claim under this warranty. Except as otherwise provided in this purchase ado, me Sells liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmraas or guarantees, but such liability shall in no event include Ito of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4.CHANGESINLEGALTERMS. The Purchua may snake changes to legal torus by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes no me arms, attar, man legal mesa, including additions an or d0dims, from me quantities originally ordered in me wp,ifications or drawings, by verbal or woman change order. If any such change aRetts the amount due or We It. of performance haen tt, an equitable adjms,nmeat shall be made. 6. TERMINATIONS, The Purchaser may at any time by write t change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between its, parties as to any work or materials than in progress provided that me Purchaser shall col be liable for any claims fur anticipated profits an me uncompleted portion of me goads and/or work, for incidental or m asommoid damages, and thus no such i djudword be made in favor of me Seller with respect to any goods which are the Sellers sundial stock. No such remtination shall relieve Re Purchns, or the Seller army of their obligation as no any goods delivered hereunder. ]. 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 sold hereunder shall have been produced, sold, delivered and furnished in sfct compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incopomted herein by this reference. The Seller agree to indemnify and hold the Producer harmless from at I costs and damages suRerd by me Purchm, as a result of me Sellers failure to comply with such Lou. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wxmm commt of me other puny. ILTITLE. The Seller warrants full, clear sad unrestricted title to me Purchaser for all equipment, nationals, sad items fndshd in performance of this agreement, free and clear of any sod all liens, rnfctions, reservations, security interest encumbrances and claims aroma.. The Seller shall release the Purchu, and its contractors of any tier flown all liability and claims of any nature resulting fmm the performance afauch work. This colors, shall apply even in the o sett of fault of negligence of the party released and shall extend to the directors, oRcam and employees ofsuch party. The Settees command] obligation¢, including warranty, shall not be demand to be reduced, in any way, because such work is performed or caused to be performed by the Purchnn. 14. PATENTS. Whenever the Seller is acquired to use any design, device, material or process covered by letter, t menp trademark or copyright, the Seller shall indemnify and save hatmis the Purchwou from any and all claims for infimmi mad by reason 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 of such infringement m any time during the prosecution to mBe, the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held o 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 right to continue using said equipment or pans, replace the same with substantially equal but noninfnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a raceiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by me Purchaser wihout liability. 16. GOVERNING LAW. The definitions of terms used or the intdMiatim of me agreement and me rights of all parries haeuvd, shall be aontmed under and ga.d by me laws art State of Colorado. USA. The following Additional Conditions apply only in taus where the Seller is to perform wok hertwder, including me moview of Sailers RepasenMive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sages own risk it me same is fully completed and accepmal, and shall, in au of any accident destruction or injury to the work coati malends before Sellers fiat completion and accRramm, complete me work at Selleea own expense and to the satisfaction of the Purehsser. When materials and equipment are bimmxd! by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same err the site ad became mPonible therefor res though such materials anNo ry.i,. were being fomished by the Scllm seeder the order. I& INSURANCE. The Seller shal[, at his own expense, provide for the payment of works compensation, including occupational diseew benefice, to its employees employed on or in connection with the work covered by this purchase coda, aeNor to their dependents in accordance with the laws of thc state in which the work is in be done. The Seller shall also cony comprehensive general liability including, but mat limited ta, mntmerual and automobile Public liability summand with daily injury and death limits of at lenses S300,000 far any ape person, S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his caarracmrs, if any, to provide for such compnesation and insurance. Before any of the Sellers or his contractors employees shall do any wok upon the premiss of others, the Seller shall famish the Pwuhaser with a anificate that such commission and inswounde have been provided. Such certificates shall specify We date when such compensation anal insurance have been provided. Such candidates shall specify the date when such compensation and insurence expires . The Seiler agrees that such compensation ad insurance shot] be maintained undl after the entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, loss or injury afany kind r more 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 me Purchaser and any r all of the Purchasers olBeem, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indired, and whether to person or propdy to which the Purchaser may be put or subject by reason of any act, action, neglect, omisman or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractom officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees many time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or arty of its or their officers, agents or employees As aforesaid, the Seller hereby agrees to resume the defense thereof and to defend me same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments man may be incurred by or obtained against the Purchaser or any of its or their officm, agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suit at other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sell, had his contractors shall lake all safety precautions, famish and ireall all guards necessary for me Intervention of accidents, comply with all laws and regulations with «gad to safety including, but without limitation, me Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant Wercto. Revised 07R014