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HomeMy WebLinkAbout478792 JOHNSON ENVIRONMENTAL CONSULTING LLC - PURCHASE ORDER - 9151563City of �.Fort Collins Date: 03/12/2015 PURCHASE ORDER Vendor: 478792 Ship To: JOHNSON ENVIRONMENTAL CONSULTING LLC J. BRADLEY JOHNSON 1518 W OAK ST FORT COLLINS CO 80521 PO Number Page 9151563 1o12 This number must appear on all invoices, packing slips and labels. NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 03/11/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 River Health Targets 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 20,125.00 125.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com .11�. - �lt� all •..Ir tlt a Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cartificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tams and conditions hereof, failure or delay to Internal Revenge, Denver, Colorado (Ref. Colorado Revised Statues 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly mmfy the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to he replaced except upon mceipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to my such goods, regardless instructions from the City of Fort Collins. of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City offort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the memhardise, 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 Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fen good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Tears. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given in prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and ales of the state, municipality, territory at political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of my such laws, regulations, ordinances, rules and requirements. Authorization. All parties 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 m the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by referacc. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate "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 Sella shall not be liable for damages u a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmeoml priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions musing such delay is given to the Patches" within five (5) days of the time when the Sell" first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the lime actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care 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 of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable waromay provided by the Seller after the date of acceplance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goads by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately cowed by the breach of my of the foregoing warranties or guammas, ben such liability shall in no event include loss of profits or lass 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 me terms, other Nan legal menu, including additions to or deletans from the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereander, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may in my time by written change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods md/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of my of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment most be asserted within thirty (30) days from the daze the change or termination is ordered 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have beat produced, mid, delivered and furnished in strict 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 am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title To the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liras, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcrs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature 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 puny. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused in be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required muse my design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patenmd 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 at any time during the prosecution or after the completion of the work. In case said equipment, or my part 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 right to continue using mid equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or watee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agram em anal the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work in Seller's own risk until the same is fully completed and accepted, and shall, in rase of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc finished by others for installation or erccfion by the Seller, the Seller shall receive, unload, score end handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller order the order. 18. INSURANCE. The Seller shall, 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, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited in. contractual and automobile public liability insurance with bodily injury and death limits of at least SIM,000 for any one perm, 5500,000 for my one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Sella shall Punish the Purchwa with a certificate that such compensation and insurance have ban provided. Such certificates shall specify The date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until situ the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss in injury of any kind or arum whatsoever to persons in property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether To persors or property To which the Purchaser may be put or subject by mason of any act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Pumhaser, or its officers, agents or employees at my Time on account or by reason of my act, action, neglect, omission or default of the Sell" of my of his cantmctors or my of its or their officers, agents or employes as aforesaid, the Seller hereby agrees To assume the defense thereof and in defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys feces and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees 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 pries in or as a result of such suits or other proceedings, the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 032010