HomeMy WebLinkAbout130088 ICON ENGINEERING INC - PURCHASE ORDER - 9104431Fort Collins
PURCHASE ORDER
Date: 08125/2010
Vendor: 130088
ICON ENGINEERING INC
8100 S AKRON ST STE 300
ENGLEWOOD Colorado 80112
PO Number IPage
910"31 tof2
019 number must appear
on all Invoices, packing
sll s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 08/24/2010 Buyer: Urns Ul .m
Note:
Quantity UOM Unit Price Extended
Line Description Ordered Price
1 CONSULTING SERVICES
WTR QUAL SENSITIVITY ANALYSIS
City of Fort Collins Director of Purchasing and Risk Management
This order Is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
City of Fort Collins Purchasing, PO BOX 500, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-8707 Email:purchasing@fcgov.com
1 LOT LS
7,980.00
Total $7,980.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
A rchege OMIT Tema and Canditions
1. COMMERCIAL DETAILS.
Tax exemptions. By mtum the City fif Fort Collis is exempt from state and Inch[ taxes. Our Emonl fion Number is
98-04502. Federal Fallen Tax Exempden Con fi ate of Registry 84-600p58J is registered with she Collector of
Internal Revenue, Denver, Wants, (Ref. Colorado Revised Stamta 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due ro fell' 0 men specifications, either when shipped or due to dadas of
damage in oam]L may be remnwd in yen fen small and are not to be replaced except "I'm maipt of winnersinstrmions from he City of Fort Collins.
Inspection. GOODS are subject m the City of Fon Collins inspection on mov.l.
Final Acoeptena. Receipt of the merchandise, services or equipment in mapome to Mil ender tan moult in
amhmized payment an the part of the City of Fort Collins. However, it u to be understood that PMAL
ACCEPTANCE is dependmt upn completion ofall applicable required inspection procedures.
Freight Terms. Shipmenn, most W F.O.B., City, of Fan Collins, 11 Wood St., Fort Collins, CO 80522, unlese
otherwise specified on Mix other. If peosissio r u If. in prepay, fin iBh and change - ..Iy, the original freight
bill must accompany invoice. Additional chum for Packing will and be accepted.
Shipment Distance. Where manufacturers have dintrhutine pam In v&nom pairs of he comedy, shipment is
expected foan the MMMx distr]buvon point an doemo tils, end excers Height will be deducted from Invoice when
shipments are made from greets disn,nce.
Parears. Seller shall procure or sellem note cost ell necessary prmrits, cenific&ree and licences required by all
applicable laws, regulations, odinaneu end oral s of the rate, municipality, mrnamy or plifiul subdivision where
the work is performed, m rewind by any What duly c..6 ed Public authority, hervingjunsMcfion oven the work
Of vendor. Sella further agrees m hold the City of Fort Collins hmenleas fiom real ageing W liability nth loss
incutrtd by them by reason of ea usened or uvblifi ed violation of any such awn, reguleNms, omi.cm mlo
and requitement.
AuM ndon. All Wass to this cmpem agree that the mmommumme are, in fact, home fide end possess JOB and
complete amhm]ty to bind aid Name.
LIMITATION OF TERMS. This Purchase Ode, expressly limit acceptance W Me boors and conditiom mid
herein an, froth and any supplemmmry m-MiO l amb and conditions annexed homes, or incorporated herein by
reference. Any nddhionel or different temps aad conditims promsed by seller ere objected to and hereby rejec4d.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immedutely if you cannot make complete shipment to arrive oar your
promised delivery date as timed Time is ofhe a-enem Delivery and petfmmence mug be eBaced within the time
gated an Me pmchue oiler act he insulation, Mooched harm. No ova of the Purchrsen Including. with.
limitafim, ancept ors- Wfpartirl lace deliveries, shell opmre in e waiver ofhis provision. In he went of any delay,
ow Pumhesa aha11 have, in eddifim to ohs legal and explicable renndies, he Memo, ofplecing his older elsewhere
d holding he Sella liable for dosages. However, the Sella shell not h liable fen damages u a result of delays
due in causes not reasonably foreseeable which are beyond its reassomble cantrM end without he fam ofnegligmce,
such up of God, actofcivil a military"Brommor gm.meatel psionfine fires, acnku,Flood,.0d.ies, wena
hop provided that nods Of the conditions curing such delay u given m to pumhser within five (5) days of he
time when Me Sella Flit received knowledge th.of. In Be event of any each delay, the data of delivery shall be
extended fen Be period equal to the fare Bctually log by ream fthe delay.
3. WARRANTY.
The Sells, warrants gal all goode. articles, materiels and wok covered by this alder will conform with Wheable
dnwinge, sperifictliana, --pier sulfur -Me' deemptiom given, will be ft fen he ppolicies intended, and
pafomed with the highest degree of care and competence In Mandance weal accepted gandedn fen wok of.
similar -an— The Seller egress an hold the pnrchrsr h-mle- fiom any lose dnamp or expese which the
Purchaser may eufftt m incur m.aoum of Me Sellers breanh ofwamnry. The Sella ahlll oplia, repair m make
good wiMmt cost in Me Purchaser. my defects a gulp seeing within oar (1)Year m within wall longer period Of
time as heprtecnbed by law or by to rerun of any applicable warranty provided by the Seller alter the date of
M.Mosnce ahe goods fiunished hmunder (eaepbnce rem ro NO isms-ongsly delayed), r-dung firem imperfect
defecfive work done or maennla fmdshed by the Seller. Acceptance or use of goads by the Purchaser shall nos
carmine 0 waiver ofmy claim under this summary. Except as otherwise provided in hex pambom am the Sell.
I iabilityhmundershall extend to all dosages pmximately "used by the breech ofmy of the forgoing wemiroa
m gurnmees, but such liability shall in no event include tom of profits m loos of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS,
The Purchaser may make cbmges to legal trans by nomen change older.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes M the terns other than legal parts, including additona toor deletions from
the gmntities ongimllY ordered in the specificanme or drawings, by verb&] m wnttce charge Older. If any such
change eRmb the amount due err he Nme ofperfmmena hermndat, an equitble djuatmeM &hall be made.
6. TERMINATIONS.
The Purch&ar may at any time by wrimn change Ma, terminate hie namormat - m &ray a all pmtious ofMe
goads then rem &hipped, subject to any cWhable roBspnent between he Parma an in any, wog or materials Mrn in
Progress provided that he Purchaser shell not be liable for any -[Bunn fen amiripmd profits on the uncmnpleled
prtian ofthe goods and/or work, fen indite.[ or consequeaind surges, and th no each adjustment be cede pen
favor ofthe Sella with maRm to any goods which . he Sellers Midland oak. No such imainatim shall relieve
he Purchaser Or he Sella ofnny oftheir obligations as m any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim fen adiumpars ..at Im asserted with]. thirty (30) days from the date he charge Or termination is
cdeid.
8. COMPLIANCE WITH LAW,
The Seller wamnts that ell goods sold hereunder shall have been produced, sold delivered &nd famished in strict
compliance with all applicable laws and capadms In which the goods are subject. The Seller shall cra me end
deliver such dnsosmb an may be required in e@et or evidence compliance. All laws and regulations olu b,ro be
m aryained in afire ft of this chencmr rem hereby imarymated herein by this neference. The Seller agrees to
indemnify and hold the Purchaser hornless from &11 cam and dosages aulfered by the Purchaser es a rewh Of the
Sell. failure to comply with such law.
9. ASSIGNMENT.
Neither pay shall assign, tremfer, Or —I' hex older, or ary monies due a 0 become due hereunder without the
pnorwritten consent of he othermury.
10. TITLE.
The Sellor w0mnb full, clear ad umemmuce fide in the Pumhear for all ryuipmem, mepatiale and items finished
I- performmce of this agratnrnt face and clear of ary end atl liens, resonator& ms.a6ma mmrby imam,
encumbrances and cl aims of others.
Page 2 of 2
11. NONWAIVER.
Fail.. of he purchaser no in"& peon arum PwMm—M of the poster and condifiam hereof, fiilane or delay to
exemiee any righle m remedies provided herein or by law, flihim ro
breach, the acceltame ofm payment fen goods beremMar in Pmmptly notify pale Seller in Me event of a
ller of
My of the wmantiu m obl' mom"fid' sppnwsl0be donlgn,e- mulahall fifir relmethiht of
race pmchme .dos oral grill net s lamed a waiver ofood mega of the
of wheoser nsminsist upon Mid pe-Pled,-hermfaor 1fibdggemmtnedimus,any eachgoods, regaidlm
of ehippd, received m steepled, u m mY prior or II, e h u rem he as a wit v. Ofa n any the h nts
I modification a tesei-is, ofhis pmchue order by the PuchOser op.m as a waiver of any of the penis
h.00
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the purchaser recognize that in actuat mommic Furnace, overcharges meaning form antitrust
violations. in fam home by the pumhreer. ne Of , fa cause ai good al an MwidMMon for carmadng this
pachsee Wder, the Sella hmby assign. inthe puahuos any and all claims it may now have m hereafter
amuired under federal or an,p antimug laws for each ovmhugon odefing to the pmicular grads or services
pumhnecd aralmiial by he PmclMmr purrvant to this purchra order,
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If Me Purchaser direct the Sellers, cenect mnconfomivg mdideal a goods by a data to he agreed upn by he
Purchaser end the Sella, and he Seller themRer MMmba Ib inability or unwillingness to comply, the purchaser
may "use Me work to h performed by finsin= opeditiom means available m itnd ethe Sella hell pay all
was mmciand with such work.
The Sella shall releue the purchros end re contractous of aay der fiom till liability snit chiral of any umre
resulting from the perfomance ofsuch work.
This mleae shall apply coca in he event of fault of negligence of the Imry released end shell extend to Me
directors, officer, and employees ofsuch party.
The Sellefs contnmul obligates, including wamvty, shall not be deemed to be, reduced, in any way, because
such work is PerfOmed mooned to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller Is required to use any design, device, material or process covered by lever, patent bndemuk
or copynghL the Seller shall unsoundly act rave hmmlm the pincrear form any rend till claims feninffirand t
by reason of the use of such petanted de igp, device, material a proere in con exam, with Me cat wit and
shin[ indemnify the purchaser fen airy cut, expert mos dancing, which it may be obliged ro paas y by reason Of and,inf tin rat at any dare riming the pmmx an after Me oolaptefim of the work. In case mid equipment, m
MY put hcrcof a the intended uan of the grade, is In such salt held ro comtimb infringement act Me um of
mid equiMmt or pert is enjoined, the Seller shall, at it own expense act at in, option, either promre tin the
purchaser he right to continue using mid equipment m posts, replete the once with eubapntially equal tam
nminfiinging equiPmem, or modify it so it baoame nani rfro Bing.
15. INSOLVENCY.
If the Seller hall become insolvent or butkmK make an on ignmem fen fu the beneof credirors, appoint a
receiver or duvet fin any of Me Sells, Purchaser without liability. m, thismProperty m bwinis odor ay forthwith be canceled by the
16. GOVERNING LAW.
The definitions lifetime used m Me interyren,fion ofthe agreement and he dghs Wfell Paitio httrnndos shell be
cmmued under and gmared by the ]ewe ofMe Stare ofColmoula USA.
The following Additional CoMitiane apply only in cues whom the Seller is ro perform work hereunder,
including the services of SellersRepmm.mve(e), on the pmmiers ofmh-
19. SELLERS RESPONSIBILITY.
The Seller shall carry on mid wok at Sidlefs own dak mind the mine u Polly completed end accepted, and shall,
in case of any accident contraction m injury to Me work aral/or materials before Seller's final emmpleden and
Bocmrence, campl. Me wok of Sellers own expose red to he un.factl0n Of the Purchaser. When rate a
and equipment arc famished by other for installed. or erection by the gallon, Me Seller shell receive, unload,
arm end handle setae of to situ harem and harresponsible thmfar fixthough such materiels and/or, equipment
were being fomished by he Sella Mum the odor.
IS. NSURANCE.
The Seller shall, at his own expense, provide for the payment of wokan compereUMO, including oauptional
disease berefin,, to its employees employed an a in contraction with Me wok covered by His punchers, miler,
and/or to their dmendema in accadnnce with he boom Of Me agate in which the work is to be done. The Seller
shall also many comprehensive Wood liability including, but net limbed an, autumnal and &ut ile public
liability insurance with badly injury and death limits of et Imp S30dllo0 far airy ant paean, 550o,000 for any
one accident and property, dosage limit per accident of S400,000. The S<Iler shell likewise paNire his
common—, Harry, to Provide fen such canpenmdan end insurance. Before any of Me Sells, m his gim. bal
employs, shell do any work op l the premises ofo mu, he Sellm alm, finned Hm PurchuerwiM a cenificam
that such compenution and inmrena have been prsorkd, Such cenificamn shall specify the data when such
compensation oral innunnce have ban provided, Such cla ficamn shall apmify Me date when such alarmism.
end ins.nce expires. The Seller egrta Met each c.penmdan and imuina shell be miMeined umil aflahe
entire work is compl.d and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby hasumm the Mine responsibility ad liability fen ary and all dump, low of injury ofnny kind
or nuhme wh--M in permne a property "used by of ""I' from the uecuden Wfhe wok pmvided far in
this punhese odam in connection herewhh. The Sells, will formally and hold hmmlm the purchaser and My
m till Of the pomM¢m Off"—, agent act emplOya¢ From end m
against ary and all claim., I., deae,
<hugn a expemes, whether direct m indirect and whether he perms, a propmty in which the purchaser may
be put a subject by remm of airy act smian, neglect omission in default on the pan of the Seller, any of his
contract., a mry of the Set" mm cbhmma off]cm, agent or mployees. In cam ary and or Other
pruceedinga shell be brought sgai d Be Puchmer, or ib Whit., agent or employees at airy, rime on accannt m
by season of any act, antis,, neglect. omission or default of the Salle. of My of hex contract. m any of ib or
their offic., Bgmb m employees u aforeaid. Me Seller hereby egrco to auumc the defer th.rof and m
defend the more et he Sell -oxen expose, ro pry My
and
all cent, charges, sttomrys fees
and other
any and ell judgmt n I tam airy be Incumd by m 0heind eosin.' Me Pumha— m tiny ofib or then omai.
.gent or employcca ]n such suit m other prmeadi.0 act in era judgment m -her lien be plead upn Or
.Meined.geinet the propery ofthe Purchaser, a mid panic in a u e moult of such avib m oMer proaMinge,
the Sella will tit once awe he-ry rah Msnched end disehmged by giving band motherwise. Tax Sellat and
his cmpnm. shall Wee all safety prccwtima fimieh Brd inmll ell gwde nammry fen Me prevemian of
accident, comply wnh atl lows and mgubfiana with rtgW ro -[ety including, tam withant limitmon. Me
Occupational Safety and Health AM of 19J0 and ell rules and rtguladma issued p.uein thereto.
Revised 03/2010