HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9124622Fort of
Date: 08/24/2012
PURCHASE ORDER
Vendor: 330179
INTERWEST CONSULTING GROUP
1218 W ASH SUITE C
WINDSOR Colorado 80550
PO Number Page
9124622 1o12
This number must appear
on all invoices, packing
slips and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS Colorado 80521
Delivery Date: 08/24/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 N.College Rd. Impvmts Ph. III
PER TERMS AND CONDITIONS OF RFP 7394
AND AGREEMENT DATED 8-23-12
2 N.College Rd. Impvmts Ph. III
1 LOT LS 559,370.28
1 LOT LS 116,279.29
Total $675,649.57
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com PO BOX 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemption. By stature the City of Fort Collins is exempt from state and lacer taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Exene Tax Exemption Certificate of Registry 84fi 589 is registered with be Collector of
Failure of We Purchaser to want upon strict peformance of the tames and condition hereof failure or delay to
Intemal Revenue, Deaver, Colorado (feet. Colorado Revised Sources 1973, Chapter 39-26. 114 (a).
excreter any rights or remedies provided herein or by law, failure 0 promptly notify be Seller in the event of a
breach, the acceptance afar payment for goads hereunder or approval cargo, design, shall not release the Seller or
Goods Rejected. GOODS REJECTED due to failure to meet specifications, tither when shipped or due to defects of
my of the warranties or obligations of this purchase order and shall act be deemed a waiver of any right of the
damage in o-ensit. may be reamed W you for credit and arc not to be replaced except upon receipt of written
purchaser to insist upon strict performance Streeter my of its rights or remedies as to any such goods, regardless
instructions from be City of Fort Collins,
ofwhen shipped, eceived or accepted, as to my prior or subsequent default bartender, our shall any pmp.ned
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS an subject to be City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or rquipment in response to this meet can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual cromande practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of ell applicable required inspection procedures.
violations arc in fact home by be Purchaser. Theretofore. far pe"I'mss and as consideration for exrcufing this
purchase order, the Seller hereby assign m the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state i n row laws for such overcharge relating ro the particular goods err service
otherwise specified an this seer. If permission is given 1. prepay Geight and cloo, 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 OfSELLERSOBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
cancer imbeds to be agreed bythe
Ifthe Purchaser directs,a Seller or defective a datelingness
expected from nearest distribution point m dufinari.v, and excess Geight will be deducted from Invoice when
theupon
Seller ifteri indicates its or unwilPurchaser
er end the Seller, and the Sellery its inomme, or unwillingness to comply,
shipments art made Gom grater distance.
ad
be most shall
by We most expeditious mesa available to it, and the Seller shall pay VI
may cause the work to be expede
easy came
orfmrmed
costs associated with such work.
Permit. Seller shall procure at sellers sole cast all necessary Remains, cedificates and licenses required by all
applicable laws, mgulations, ordinances and mks of be state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public autlhodty having jurisdiction over the work
of vendor. Seller tanker agrees to hold the City of Fort Collins harmless from and against all liability and toss
incurred by them by reason of m assured m established violation of my such laws, regulation, ordinances, rota
and requirements.
Authorization: All parties to ],is contract agree that the representatives are, in fact, bona fide and possess fall and
complete authority to bind said patties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to be terms and machinists stated
herein set foot and any supplementary or additional terra and candidates annexed hereto or incorporated herein by
mfereace. Any additional in different meats and condition proposed by seller are objected to cad hereby r jeered.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date se a dcd. Time is c f the essence. Delivery and pentameters mast be ePecred within be time
stated on be purchase order and the documents attached hendr. No acts of the Purchasers including, without
rim usbut, acceptance of panda) late deliveries, shall operate n a waiver of this provision. In be event of any delay,
be Purchaser shall have, in addition to other legal and equitablc remedies, the option of placing this Deer elsewhere
suit holding the Seller liable far damage. However, be Seller shall not he liable for damages in a result of delays
due to causes not minimally foreseeable which are beyond its reasonable control and without its fault mfnegligenee,
such acts of God, eras of civil or military authorities, governmental priorities, rims, strikes, flood, epidemics, wars or
riots provided that notice of the condition caning such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thimmE In be event of any such delay, be dur of delivery shall he
extended for be period equal to the time actually lost by reasn of be delay.
3. WARRANTY.
The Seller warrants War all goods, ankles, materials and work covered by this order will conform with applicable
drawings, specification, samples and/or other description given, will be fit for be paryne intended, and
pemforncd with the highest degree of more ..it competence in acmrdmce with accepted standards far work of is
similar nature. The Seller agree to hold We purchaser hornless Gom may
loss, damage or expense which the
Roc
hester er may sufferer incur on account of the Sellers breach cf warmnty. 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 me may be prescribed by law or by be union or any applicable warranty provided by the Seller after be date of
acceptance of the goods finished hercmder (acceptmce not be unreasonably delayed), reselling from imperfect
or defective work done or materials famished by be Seller. Acceptmce or use of goods by be Parchazs shall rat
contimte a waiver of any claim order this warmly. Except as otherwise provided in this purchase order, be Sellers
liability hereunder shall extend to all damages proximately caused by be breach of any of the foregoing wamnties
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. CHANGES IN LEGAL TERMS.
The producer may make changes to legal mean by wrinen chmge order.
5. CHANGES IN COMMERCAM. TERMS.
The Purebner may make any changes b the teems, other than legal moms, including additions to or delelions from
be quantities originally ordered in be specifications or drawings, by verbal or wriden change order. If my such
chmge affects fe amount due err be dome of pe ermame hertmder, m equitable adjusment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mrminam bis agreement as a any or all ,action of the
goads then not shipped, subject to any equitable adjustment between be Partin ass to any work err materials then in
progress provided War We Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted
police of the goods enWar work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller wild respect to any goods which are We Sellers standard stock. No such termination shall critics
the Purchaser or be Seller of any oftheir obligmim a as m any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Am claim for adjustment must be asserted within thirty (30) days Gam the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warmer that all gouda sold hereunder shall have been produced, sold, delivered and garnished in strict
compliance with all applicable laws and regulations to which the goods art subject. The Seger shall execute and
deliver such documents n may be required to effect or evidence compliance. All laws and regulations required In be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify, and hold the Purchaser homeless frean ell costs and damages suffered by the Purchase ae a result of be
Sellers failure to 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 office other parry.
10. TITLE.
The Seller wsrenIx Poll, clear end committed fitted title to be Pumhascr, for all equipment, materials, and items firmished
w performance of this agreement, fro and dear of any mrd all lien, restriction, reservations, secmiry moreen
encumbrances and claims ofathers.
The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature
resuhing from the perfmmmen ofsuch work.
This release shall apply even m the event of fault of negligence of be parry released and shall extend to the
directors, officers and employees ofsuch P.M.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchsser.
14. PATENTS.
Whenever the Seller is acquired to we any deign, device, material or process covered by hoer, paten, trademark
or copyright, be Seller shall indemnify and save harmless We Purchaser, from any and all claims for Infnngrment
by reason of the use of such patented design, device, material or process in connection with the counsel, and
shall indemnify file Purchaser for any cost expmm m damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or alter be completion of be work. In case said equipment, or
any part thereof or the intended use of be goods, n is such suit held to contribute infringement and the use of
said equipment or pan is in.pirid, the Seller shall, al its own expense and at its .,firm, either procure far the
Purchaser be right to continue wing said equipment or pans, .place be same with substantially equal but
naninfringing equipment, or modify it so it becomes recondensing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credilon, appoint a
or taster for my of the Sellers property or business, this order may forthwith he canceled by be
Purchaser without liability.
16, GOVERNING LAW.
The definitions of terms used or be inleryretation argue egrermere and gut rights of all panics hereunder shall be
construed under std governed by the laws ofthe State of Colorado, USA.
The fallowing Additional Cordillera apply only in mines; where be Seller is to Perform work hereunder,
including the services ofSellen Reprteentative(s), on be premiers ofabers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's were risk until be same is fully completed and accepted, and shall,
in c of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance. complete due work at Seller's awn expense and to the satisfaction of the Puachaser. When materials
and equipment we fumished by others for installation or section by be Seller, be Seller shall receive, unload,
same and handle same at be site and became responsible therefor as though such materials ardor equipment
were being famished by be Seller Under the order.
IS. INSURANCE.
The Seller shall, at his awn separate, provide for be payment of waders compensation, including occupational
disease bcoefits, to its employees employed on or in connection with be work cavered by this purchase order,
ardor to their depends as in accordance with be laws of the stale in winch 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 drmh limits of of last S300,000 for any one person, S500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if my, to provide for such rompanation and insurance. Before any of be Sellers or his contractors
employees shall do any work upon be premises of often, be Seller shall famish be Pumhaser with a certificate
that such compensation and insurance have been provided. Such certificate shall specify the date when such
compensation and insurance have been provided. Such cenificntes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after We
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asmmn be entire nopersibility and liability for any and all damage, lass or injury ofamy kind
or nature whatsoever to person or property caused by or resulting from the execution of The work provided for in
this purchase older or in connection herewith. The Seller will indemnify and hold harmless be Purchaser and any
r all of be Purchasers mfcers, agents and employers from and against any and all claims, losses, damage,
charges or expenses, whether direct or indirect, and whether to persons or property to which be Purchaser may
be put or subject by reason of my act, action, neglet omission or default on be pert of be Seller, any of his
contractors, ar any of be Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Pantheist, or its affects, agents m employer at any time on account m
by reason of any act, action, neglect, omission or default of be Seller of any of his emmacbrs or any of its or
their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume be defense thereof and m
defend be more at be Sellers own extreme, fa pay my and al cuts, charges,.... s fees and other expenses,
any and all judgments bat may he incurred by or obtained against be Pardoner or any of its or their officers,
agents or employees or such suits or other proceedings, and in case judgment or other lien be placed upm or
obtained against be property of be Pmchner, or said parties in or as a result ofsuch suits or other proceedings,
be Seller will at once cause the same to be dissolved and discharged by giving bond or chemise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply wiW all laws and regulation with regard to safety including, but without limitation, We
Oecupational Safety and Health Act of 1970 and all roles and regulation vaned pursuant therein.
Revised 03=0