Loading...
HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 3212093PURCHASE ORDER PO Number Page City of 3212093 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/11/2012 Vendor: 330179 Ship To: ELECTRIC UTILITIES INTERWEST CONSULTING GROUP CITY OF FORT COLLINS 1218 W ASH SUITE C 700 WOOD ST WINDSOR Colorado 80550 FORT COLLINS Colorado 80521 Delivery Date: 01/11/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 L&P Contractual Surveying 1 LOT LS 6,000.00 Serivices Total $6,000.00 c3. oi'l.:sQ s� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 L COMMERCIALDFTAILS. Tax exemptions. By statute the City of Fort Collins is exempt food sure and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Cer ifieate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specificatiom. citha when shipped or due to defects of damage in transit, may be rctumed to you fm credit and am not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Pumhnser to insist upon strict performance of the tans and conditions hereof, failure or delay to exercise any rights or remedies pmvided herein or by Irv, failure to pmmptly nmifv the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or appmeal of the design, shall not release the Seiler of any of the wardamics or obligations of this purchase order and shall not be deemed a waiver of anv right of the Purchaser to insist upon strict perfomancc hercofor any of its rights or remedies as to any such goods regardless of when shipped, remised or accepted, as to any prior or subsequent default hereunder, nor shall any parpnned and modification or dscision of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIONM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seiler and the Purchaser mcrgnize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Temc. Shipments must be F.O.H. City of Fort Collins, 7f1) Woad St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the paniculo'goods nr services otherwise .specified on this order. If permission is given to 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Whets manufacturers have distributing points in various parts of the country, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the notes, distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. 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 wok. Permits Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision what the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler finher agrees to hold the City of Fort Collins handless fmm and against all liability and loss incurred by them by reason of an assened 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, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different temts and conditions proposed by sellerare 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 ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial Ire deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligenec, such acts of Cnd, acts of civil or military authorities, governmental pdodties, fires, strikes. Bard, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowiodee thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warms that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compet"cc in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser handless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace. repair or make good, without cost to the purchaser, any 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 any applicable wamnty pmvided by the Set let after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of gods by the Purchaser shall not cnnsti me a waiver ofany claim under this so manty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing warranties 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. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the term,, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance, hereunder, an equitable adjustment shall be 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 to any equitable adjustment between the panics as to any 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 goads and/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 arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler 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 incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Scllcr wamnts hell, clear and unrestricted title to the Purchaser forall equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims ofany 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 cxlmd to the directors, officers and employees of such party. The Seller's contracunl obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lencr, patent trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pumhzscr for nny cost, expense or damage which it may be obliged to pmy by reason of such infringement at any time during the prosecution or aficr the completion of the work. In case said equipment, or any parr thereof or the intended use ofthe goods, is in such snit held to constitute infringement and the ase of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmeore for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but m n afiringing equipment, or rndifv it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or banknipt, make an assignment for the hmefit of creditors, appoint a mcciver or trustee for any of the Sellers pmpcoy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used .,the interpretation ofthe agreement and the rights ofnil panics hereunder shall be construed under and governed by the laws ofthe Slam of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllers Representative(.,). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work tut Settees own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptnncc, complete the work at Seller's own expense and to the satisfaction of the Pumhascr. When materials and equipment are famished by others for installation or erection by the Seller. the Seller .shall rcecive. unload, store sad handle same at the .cite and become responsible therefor as though such naterials and/or equipment were being famished by the Scllcr undo the order. 19. INSURANCE. The Seller shall, at his own expense, ovide 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.M10 for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise requite his contractors, it' any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate That such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whntsmver to persons or property caused by or resulting from the execution ofthe work provided for in this purchase onteror in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or anv of the Seller; or contractors officers, agents or employees. In caseany suit or other pmcedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien the placed upon or obtained against the pmpeny ofthe Pumhascr, or said panics in or as a result of such suits mother proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the pmrennon 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 talcs and regulations issued pursuant thereto. Revised 03/2010