HomeMy WebLinkAbout130088 ICON ENGINEERING INC - PURCHASE ORDER - 2208588Date: 12/18/02
City of Fort Collins
City of F�
Page Number: 1 of 1
Purchase Order Number: 2208588
Delivery Date: 12/17/02 Buyer: DICK,OPAL
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1lot Fox Meadows Master Drainage PI 23,000.00
Selected Plan and 50 year Alternative
Total 23,000.00
Gty or Fort t,t�n m� Director of Purchasing and Risk Management
This order is rtafi4alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins
Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970.221-6776 Fax: 970-221-6707 Email: info@ci.fort-collins.co.us Fort Collins, CO 80522-0580
1. COMMERCIAL DETAILS.
Invoice Address. To moue prompt Payment mail invoices in duplicate m:
City of Fat Collins Accounting Division
P.O. Box 580
Fort Collins, CO $0522
Tax exemptions. By station the City of Foe Collins is exempt from state and Inca) news. Our Exemption Number
is 98-04502. Federal Bxcise Tax Exemption Certificate of Registry M-6WO587 is registered with the Collector of
Internal Bauman cova, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to rower specifications, either when shipped or due to defcts
of damage in transit, may be removed to you for alit and arc non to be replaced except upon sco ipt of written
instructions from the City of Fat Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrived,
Final Pompanos. Receipt ofthe merchandise, services Or equipment in respome to this order can result in authorized
payment on the pan of she City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon coupled. of all applicable required unification prmedures.
Freight Terre. Shipments maw be FOE,, City of Fart Collins, 700 Wood St, Fan Collins, CO 80522, =less
otherwise specified =this Order. If pam(asion is given to prepay freight sideline, separably, the original freight
bill most mouse soy invoice. Additional charges In, packing will non be accepted.
Shipment Thmem, Where mmufecturns have distributing points in various pans of the country, shipment is
expected from the nmrew distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Formis. Sella shall procure at sell. sole cost ill namine, penis, catificma and licmmen required by all
applicable laws, regulations, adjustment and wes ofthe state, municipality, territory or political subdivision where
the work is performed, Or required by my other duty eomtimted public authority havingjurisdiction over she work
a vendor. Sella further agrees to hold the City of Fat Collins barrrdm from and against all liability and loss
insured by the by ream of an asserted Or established violation of my such laws, regulations, ordinances, roles
and requirement.
Authorization. All patio to this contract agrce that the representation are, in fad, bona fide and porsea full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the More and conditions stated
herein sec forth and my supplementary a additional tan and condition amazed hereto or inespermd her am by
reference. Any additional or differentterms
tes and condition proposed by enter On, objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in move on your
promised delivery data as vend Time is of the a., Delivm and performance meet be effected within the time
muted an the purchase order and the documas at4ched barren. No arcs of the Purchactat including, without
Hammer, acceptance of partial lam deliveries, shall operate as a waiver of this monition In the went of my delay,
the Purchaser shall have, is addition an other legal and eaumbeln remedies, the option of placing thus order attentions
and holding the Sella liable fee damage. However, the Sella shall net his liable for damages re; a result of delays
due to caves not reasonbly foreseeable which ate beyond is reasonable control and without its fault of negligence,
such ens of God, acts of civil or military authorities, goverm ntel pocTiti,, firm, cookie, Flood, epidemics, wars
or rids provided then nation of the condition inuring such delay is given in the Purchase, within five (5) days of the
fine when the Sella that rmeivd knowledge thereof M the event of my inch delay, the date of delivery shall be
extended for the period equal re the time actually Imt by reason of the delay.
3. WARRANTY.
The Sella waters that all goods, articles, materials and weak covered by this Order will confirm with applicable
dawings, specifications, sumplee mdeaa other descriptions given, will be fit for the purposes intended, and performed
with the highest degree of Mass and cmrrye m in accordance with mcryted standards for work of a similar nature.
The Sella agrees to hold the purchaa hemdeas from my Ions, damage or expense which me Purchase may suffer
or incur on acomes ofthe Selles breach of warranty, The Sella shall replace, repair or make good without cost to
the purchase my defrs in fouls arising within one (1) year or within such Imga period of time a may be
prescribed by law or by the tan of on, applicable warrananty provided by the Seller after the time of acceptance of
she gods famished here=der (accepmce non to be unreasonably delayed), resulting fiom imperfect or defective
work done or materials famishd by the Sella. Acceptance Or use ofgoods by the Purchaser shall not assume a
waiver of my claim under this warranty. Except an otherwise Provided in this purchase order, the Sellers liability
hem=der shall extend to ill damages proximately caused by me breach of my of the foregoing warrmtim or
limestone, ben such liability shall in no event include lose ofpmfis or lose of me. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may .it, changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make my changes to the More, rather, then legal terms, including zddificis to or deletions from
the qumffim originally Ordeal in the spmifimdons a drawings, by verbal or whom change Order. If my such
change affects she amount due or the time of Performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may as, my time by written charge order, terminate this agreement ere to my or ail pennons of the
,,tads then not shipped, subject to my equitable adjustment between the praties as to any work Or materials then in
progrsis provided that the Purchaser shell non be liable fur my claims for mticipaed profits on the uncomplreed
Nome ofmc Rand+md/or weak, for incidental Or consequential damages, and that no sob adjustment be made in
favor of me Sallee with respect to my goods which are the Sellm standard stock. No such tamiamn shall relieve
the Purchaser or the Seller of my of their obligations a to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mwr be asestd widen thirty (30) days from me doe the change or temiumen is Deiced
B. COMPLIANCE WITH LAW,
The Sella wertms that all goods cold hereunder shell have ban produced sold dalivered and famished in stud
compliance with all applicable laws and regulation in which the goods are subject The Sella shall execute and
deliver such dmumms at may be required to effect or evidence compliance. All laws and regulations required to
Na inoorpoaxd in agreements of this chmmter are hereby incorporated herein by this reference. The Seller agrees
to indemnify and hold the Purchaser theme. from all emu and damages suffered by me Purchase as a result of
the Sella failure in comply with such law.
9. ASSIGNMENT.
Neither party sbell assign trasfer, or convey this Order, or my monies due or to become due hereunder without me
prior wridm me ent of the omen party.
10 TITLE.
The Sella warrens fail, clear and wtestricted title to me Punch sece for Of equipment materials, and items banished
in performance of this agreement, free and elear of any and ail liens, restriam s, memo etires, Security interest
menmbrarom and claims of others.
11. NONWAIVER.
Fell. of she Puchaa to insist upon sofa perfmmoom of the teens and conditions hereof, failure or delay to
exercise my rights or remedies provided herein or by law, failure in promptly notify the Sella in the event of a
breach, the encomium of or payment for goads hereunder or approval of the design, shall not relate the Seller of
my of the wartanti, or obligations of this purchase miler and shall not be darned a waiver of my right of the
purchaser to insist upon a et performance hereof in my of is rights or remedies as in my such goads, regardless
of whm shipped receiend or accepted, as m my One or subsequent default hereunder, non shall my purported oral
modification m rescission of this purchase order by the Purchaser operate a a wawa of my of the [Sane hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual common, pretties, menot ergm resulting from summer violations
are in fact bone by the Purchwa. Theretofore, fen good curse aer a consideration fa executing this purchase Order,
me Sella hereby assign in the Purchaser my and all chairs it may now have or hercafler sequird under federal or
state antimst laws for such ev.harme reading to the particular goods or services nominated Or acquired by the
Purchaser pmuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Pumbeser dimme the Sella en moat nonconfmtning in defective goods by a date to he agreed upon by the
Parch. and the Sella, and the Sella thresher millions- is inability or unwillingness to comply, the Purchaser
may came the work to be performed by the mast expedition means available to it, and the Sella shall pay all ens
aweiaed with such weak.
The Sella shall release me Purchaser and its commumn s of my tier from all liability and claims of my nature
resulting from the performance of such work.
This release shall apply eve in the event of fault of ncgligmm ofNe party released andsteall rind to me dirtcuxs,
officers and employees of such party
The Sellers cmbmaal obligation, including warranty, shall not he deemed to be maraud in my way, became such
work is performed or caned to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to we my design, device, same] or procure covered by loiter, patent, trademark
Or copyright, the Sella shall indemnify and save ham lcss the Purchaser from my and all claims for infringement
by reason of the we of such patented design, device, material Or process in coronation with the Mount, and shall
indemnify the Purchaser for my cast, expense or damage which it may be obliged in pay by reams of such
infringement at my time during me praecutb n or area the completion of the work. In case said equipment, or my
Two thereof Or the intended use of the goods, is in such suit held to constitute infringement and the use of said
equipment ce part is enjoined, the Sella shell, at its own expense and a is option, either Rmae for the Purchaser
the right to continue using said equipment Or pars, Mime the same with substantially equal but noninfringing
equipment, or modify it so it becomes non -infringing.
15, INSOLVENCY.
If the Seller mall become insolvent or bankrupt make an assignment for the benefit of acditors, appoint a receiver
or trustee for my of the Sellers prtpeny or moome, this Order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNINGLAW.
The dermitims of teen wed or the interTsention of the agreement and the rights of all parties hereunder shall be
command under and governed by the laws of the State of Colorado, USA.
The following Additiral Condition apply only in man where the Seller is to Perform work hereunder, including
the services of Sell. Representativ u), on the promises of others.
IT. SELLERS RESPONSIBILITY,
The Sella shall carry on said work at Sellers Own risk until the same is fully completed and accept, and shall, in
case of my accident, destruction or injury to the weak mdeor mmerials before Sellers final completion and
mcepunm, aimplee the weak a Sellers own expense and to the satisfaction of the Purchaser. When mawriais and
equipment ere famished by omen for instillation in erection by the Sella, me Sella shall receive, unload, sae and
handle same at the site and beonene responsible therefor a though each materials =&a equipment were being
famished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including omupmimal
disease cement, to is employes npi,M on or in coonction with me work covered by this purchase order, and/or
to their dispersions in accordance with the laws of the state in which the work is to be done. The Sellershell also
carry comprehensive general liability including, but not limited to, contractual and automobile public liability
umnce with bodily injury and demh limits of a Ism S300,000 for MY one person, $500,000 for MY erne accident
and property damage limit per accident of $4W,W0. The Sella shall likewise require his contracros, if my, in
provide for such compensation and inumnce. Before my of the Sellers or his contractors employees shall do any
weak upon the prmure ofome, the Sella shall furnish the Paahawr with a cambaw then such cerrWnsaion and
insurance have been provided. Such calificates shall specify the doe wbm such confirmation and insurance have
been provided. Such certificas shall specify the date whim such compensation and iauranm expires. The Seller
Ogren that such compmnadon and insurance shall be maintained =61 after the more work is completed and
acceptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ammo the entire raponsibiliry and liability for any and all damage, loss or injury of my kind
or tenure whasoaa to proves or property caused by Or .,.trial from me asommin of the work provided for in
,his purchase Order Or in co=ection herewith. The Sella will indemnify and hold hanlese the Purchase and my
Or all of fie Purchaers office, agrs and employees from and against my and all claims, Ices,, damages, charges
or expara, whether aired a indirect and whether to peaons or property to which the Purchaser may he put or
subject by meson of my me action, neglect, omission or default on me pat of the Sella, my of his contract., or
my of the Sellers or commose officers, agents or employees. In case my suit or osha proceedings shall be brought
against the Purchase ea is offimm, agen%or employem a my done an account Or by reason of my act am=,
neglect omisdm or defm, ofthe Sella of my of his cmtracte Or my of is or their offers, agents a employeee
as aforesaid the Seller hereby agrees in assume she defame thereof and to defend the same at the Sellers own
expease, in pay my and all cents, charges, attorneys fees and other expenses, my and all judgment, thin may be
incurred by or obtand opium me fsmcha or my of is Or their office, agens or employees in such suit Or wher
proceedings, and in case judgment Or omen lia he placed upon Or obtained against me property of the Parson,
acid poti, in Or as a result of such suits or other proceedings, the Sella will m once came the sow to be
dissolved and discharged by giving hoer or ahmvise The Sella and his contranmrs shall eke all safety Preautiow,
furnish and install all guards necessary far she penance of accidents, comply with all laws and regulations with
mood in safety including, bat wimwt limistion, the Occupational Safety and Health Ad of 1970 and all rules and
regulations issue pno uant therein.
Revised 1I19