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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9121110PURCHASE ORDER PO Number Page City Of 9121110 1 of 2 ' `t Collins This number must appear ` on all invoices, packing slips and labels. Date: 02/23/2012 Vendor: 330179 INTERWEST CONSULTING GROUP 1218 W ASH SUITE C WINDSOR Colorado 80550 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 02/22/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Streetoversizing - KFCG 1 LOT LS 22,700.00 Turnberry Rd. Improvements PER WORK ORDER 01-90221-12-3851 W Total $22.700.00 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 Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt foam state and local tries. Our Exemption Number is 994,1502. Federal Excise Tax Exemption Certificate of Registry 84-6001 is registered .with the Collector of Internal Rcvenuc. Denver. Colorado (Ref. Colorado Revised Stances 1973. Chapter 39-26. 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be mmmed to you for credit and arc not to be replaced except upon receipt of written instructions front the City of Fort Collins. Inspection, GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon .strict perfoma occ of the terms and conditions hereof. failure or dclav to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller Of any of the warranties or obligations of this purchase order and shall not be dremed a waiver of any right of the purchaser to insist upon strict performance hercoforany of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall one purported on] modification or rescission 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 resull in 11 ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Sella and tire Purchaser recognize that in actual economic pasties, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion nfall opplieablc required inspection pmcednrcs. violations arc in fact borne by the Purchaser. Theretofore, for grad cause and as considemtion for excciiiing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcreincr Freight Terms. Shipments most be F.O.N., City of Fort Collins. 700 Wand St.. Fort Collins. CO 90522. unless acquired under federal or state antitrust lasers for such overcharges minting to the particular goods or services mhenvise specified on this order. If permission is given to pmpay freight and charge intimately, the original freight porchnsed cr acquired by the Purchaser porsunnt to this purchase orde, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASI7RS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufletnems have distributing points in various pans of the country. shipment is Iffhc Purchnscr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will he deducted fmm Imoe" when Purchnscr and the Scllcr, and the Seller thcrcaftcr indicates its inability or unwillingness to comply, the Purchnscr shipments are made from greater distance. nmv cause the work to be performed by the most expeditious means available to it, and the Seller shall pay Al costs associated with such work. Permits. Seller shall pmeure at sellers sole cent all necessary permits, ecniRcates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances miss and requirements. Authorwition. All panics to this concoct agree that the representatives are. in fact, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplemeatury or additional tans and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions pmlx+scd by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to armc on your promised delivery date as noted, Time is of the essence. Delivery and performance must he effected within the time stated On the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall opemm as o 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. Howcvcr, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably famsecable which are beyond its reasonable control and without its fault of negligence. such acts of Gnd. acts ofeivil or military author ies, governmental priorities, rims. strikes flood, epidemics wars or riots pmvidcd 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 knowledge thereof. In the event of any tech delay, the date of dclivcry shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnts that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlor other descriptions given, will be fit for the purposes intended. and perfnmed 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 front any loss, damage or expense which the Purchaser nov ,offer or incur on account of the Scllcrs breach of or mnty. The Scllcr shall replace. repair or make good, uvithoulcost to the purchaser, any defects or faults arising within one (I I year or within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the grads 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 goods by the Purchaser shall not constitute a waiver ofany claim under this warm. me. Except as othenviw provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties Or guarantees. but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WA RRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by wTittcn change order. 5. CHANGES IN COM hI ERCIAL TE RMS. The Purchaser may make any changes to the terms. other than legal temu. including additions to or deletions form the 9uamitics originally Ordered in the specifications or drawings. by verbal or rsrumn change order. If any such change affects the amount due or the time ofpMomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may it any time by written chrome order, terminate Ibis agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bcwvaen the panics as to any work or materials then in pmgrese pmvidcd that the Purchaser shall not be liable for any claims for anticipated prafns on the uncompleted portion of the goods and/or work, for incidental or consequential damages and that no such adjustment be made in favor office Seller wilh respect loony goods .which arc the Sc11crs standard nook. No such tcminatima shall relieve the Purchaser or the Seller crony oftheir obligations as to any goods dolkined 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. R. COMPLIANCE WITH LAW. The Seller 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 Seller shall execute and deliver such dmuments as may be required to effect or evidence eompliawc. All laws mad regulations requited to be incorporated in agreements ofthis character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtless fmm all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tansfcr. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performonec of this agrccmcal, free and clear of any and all liens restrictions, reservations, security interest encumbrances and claims ofmhc¢. The Seller shall release the Purchaser and its contractors ofanv net from all liability and claims of are nature resulting fmm the performance ofsnch work. This mlcose shall apply even in the event of fault of negligence of the pap released and shall extend to the directors, oliice s and employees ofsuch party. The Sellerk contractual obligations. including wamnty. shall not be deemed to be reduced, in any way, boi such work is performed or caused to be performed he the Pnrchascr. 14, PAT'ENTS. Whenever the Scllcr is required to use now design, device, material or process covered by ]ever. patent, trademark or copyright, the Sellershill indemnify and sac harmless fire Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmcess in connection with the contact. and shall indemnify the Purchnscr for any cost, expense or dmmmgc which it may be obliged to pay by reason of such infringement of any time during the prosecution or utter the completion of the work. In caw said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pun 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 parts, replace the same with substantially equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make an assignment for the benefit of eredims. appoint a receiver or tnmcc for any of the Sellers property or business, this order may forthwith he canceled by the Purchascnvithmn liability. 16. GOVERNING LAW, The definitions of tans used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be comtmed under and governed by the laws of the State of Calnmdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services OfSellers, Represenative(s), on the promises ofofhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work andlor contends before Seller's final completion and acceptance, complete the work it Scllcrs own expense and In the satisfaction of the Purchnscr. When materials and cquipmcnl are furnished by others for installation or cmetion by the Seller. the Seller shall receive, unload. store and handle some at the site and become responsible therefor is though such materials andlor equipment were being furnished by the Scllcr under the order. IS. 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, andlor to their dependents in accordance with The laws of the state in which the work is to he done The Seller shall also carry comprehensive general liability including, but net limited to. contactual and automobile public liability insurance with bodily injury and death limits of at (cast 5300.01 for any One person, S500.00471 for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and in uanec. Before any of the Sellers or his contractors cmpinyces shall do any work upon the prcmtses ofothers, the Scllcr shall famish the Purchaser with a ccnificate that such eompiumnion and insurance have been 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 Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Scllcr Imrcby nsunnes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature svhntseever In persons or properly caused by or resulting from the execution mf the wrack provided for in this purchase ouler or in connection hcrewilh. The Seller will indemnify and hold harmless the Purchaser and any nr nil of the Purchnsers officers, agents and employees Tom and against any and all claims losses, damages. charges or expenses, whether direct tar indirect, and whether to persons or property to which the Purchaser any be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In Case any snit or other pe cecilings shall be brought against the Purchaser, or its officers, agcnts or employees at any time on account or by reason of anv act. action. neglect. omission or default of fire Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller heeby ogress to assume the defense thereof and to defend the sans 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 ofus 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 panics in or as a result of such suits or other proceedings. The Seller will at once cause the same to be dissolved and discharged by giving bond or mhcncisc. The Seller and his contractors shall take all safety precautions. famish and install all guards neeess-y for the prevention of accidents, comply with ill laws and regulations with regard to safety including, but without limitation, the Occupational Snfcryand Hcalth Act of 1970 and all odes and regulations issued pursuant thereto. Revised 0 /2010