Loading...
HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9141887Fort Collins PURCHASE ORDER Date: 04/03/2014 Vendor: 330179 INTERWEST CONSULTING GROUP PO BOX 18330 BOULDER CO 80308 PO Number Page 9141887 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery, Date: 04/03/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Sidewalk Design Spring Creek Station to Colleg PER WORK ORDER DATED 1/22/14 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 1 LOT LS 9,450.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from were and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fa eml Excise Tax Exemption Cenifcme of Registry 84-6000587 is regixered with the Collector of Failure of the purchaser to insist upon sfct performance of the from, and condonwas hereo[ failure or delay in Internal Revenue, Drava, Colorado (Ref. Colorado Revised Setutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, We acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due a defects of any of be warranties or obligations of this purchax order and shall not b, deemed a waiver of any right of the damage in transit, may be returned to you for credit and art not to be cplaad except upon receipt of written pmchuer to insist upon strict performance hereofor my of ies rights or remedies as to any such good, regardless irotructims from the City of Fart Collins. of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Imported .col modification err rescission of Nis purchase order by the Purchaser operate as it waiver of my of the lamas Inspection. GOODS are subject a We City of Fan Collins inspection on mrivai. hero[ Fiwl Acceptance. Receipt of the merthaMise. terraria .r equipment in response to this occur ma result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. wiffi rifted payment on the from of We City of Fort Collins. However, it is to be understood that FINAL Seller and We Purchaser reeagniu but in wood rearryounic practice, overcharges resulting firm wtimat ACCEPTANCE as dependent upon completion fall applicable terminal inspection pracedur6. violations are in fact home by the Purchaxr. Theretofore, for good muse and as consideration for estimating this purchase older, the Sella hereby assigns to the Purchaser any and all claims it may way have or hereafter Freight Terra. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collim, CO 80522, unless acquired under federal or sate antitrust lam for such overcharges relating to the particular good or services otherwise specified em this .Men. If permission is given to prepay freight and charge separately, the original freight purchase or acquired by f Purchaser porsumrt to this purchase and. bill most accompany invoim. Additional charges for packing will Out be arapred. Shipment Distance. When manufarmrers have distributing points in a. pars of thr country, shipment is expected from We nearest distribution prim to d<stinarirn, and execs freight will he deducted from Invoice when shipments ate made firm greater distance. Pnmits. Sella shall procure at sellers sole cost all necesary permits, munitions and hearms required by all applicable laws, regulation, ordinances and rules ofthe stale, municipality, territory or political subdivision where the work is performed, or required by any other duly comtlmad public authority havingjurisdiaion over We work of vendor. Seller father agrers to hold the City of Fort Collim harmless from and against all liability and loss aurea aed by hem by firmant of an mcn sed or established violation of my such laws, regulations, not nances, miles anfix,mourni ts. Authorization. All parka in this contend agree that the representatives arc, in fact, bona fide and possess full and complete authorry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the it. and conditions stated herein sec tomb and any supplementary or additional terms and conditions cr mexed hereto or incorporated herein by reference. Any additional ar different lamas and Godilions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m amve on your promised delivery doe m noted. Time is of the essence. Delivery and pw omm or must be effected within the time sated on the purchase order and the documents attached hereto. No aca of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of troy delay, the Purchaser shall have, in addition to other legal and equitable remedies, the oplim of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable For damages m a reault of delays due to muses not reasonably foreseeable which are beyond its measurable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, 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 knowledge thereof. In the event of any such delay, the date of delivery shall be extruded for the period .1m the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable drawings, spmificaliom, samples and/or other descriptions given, will he fit fro We purposes intended, and performed with f highest degree of care and competence in accordance wit accepted standards for work of a similar whom. The Seller ogrtes to hold the purchaser harmless from any loss, damage or espouse, which the Purcb xer may suRa m macron account ofthe Sella breach of ameanty. The Seller shall replace, rep tr or make good, witMut cost to the purchaser, any defy or faults arising within one (1) year or within such longer pound of time as may be prescribed by law or by the temp of my applicable warranty provided by We Sella after We date of acceptance of the good famished hereunder fis a vacs. rot to be unremonably delayed), resulting firm imperfect in defective work dow or materials f nnishcd by We Sella. Acceptance or one, of goad by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as oh mite provided in this purchase order, Ore Sellers liability hereunder shall extend to wll damages proximately caused by the breach of my of the foregoing wammties or unto mon, but such liability shall in no event include loss ofpmfiss or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser ray take changes to legal scans by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchsser may make any ch+nga to the tames, other than legal Ames, including additions to or deledom ! m We quwtitra originally ordered in be specifications or drawings, by .erhel or comes change order. If any such change inducts the amount due or the time of,m ormantt harchad . an equitable sdjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by won= change order, termiwte this agreement as to my or all portion ofthe goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided flat the Purchmer shall not be liable for my claims for anticipated profrs can We uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with aspect o any goods which are the Sellers standard stock. No such mrmination shall relieve the Purchaser or the Seller ofany ofthaw obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from We date the change or communist ordered. 8. COMPLIANCE WITH LAW, The Seller warronts that all good sold hereunder shall have been produced, sold, delivered and f mished in strict compliance with all applicable laws and regulations to which the goad are subject. The Seller 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 we hereby incorporated herein by this reference. The Sella agrees no indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser m a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trensfia, or convey this order, or any monies due or to become due hereunder without the prior window cowent of the other party. 10. TITLE. The Sella warrants full, cleat and unreefcred tide to We purchaser for all equipment materials, and it. famished in performance of this agreement f and clear of any and all time, restrictions, restorations, secmiry interest encumbrances and claims of orders. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhaser dints the Seller to correct nonconforming or defecrive good by a date to be agreed upon by the Purchaser and she Seller, and the Sella thetmfter indicates is iabiliry or unwillingness in comply, the Purchesa may muse the work to be performed by We mast expedaiom in. available m it, and the Seller shall pay all costs assoasted with such work. The Seller shall relesse the Purchaser and is contractors of any tia from all liability and claims of my stare resulting from the perfommwce .fat ch work. This release shall apply rim in the event of fault of negligence of the putty relented and shall extend to be directors, officers and employees of such prey. The Settees contractual obligations, including warranty, shall not be damed to he colored, in any way, became such work a performed or caused to he pofnned by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, malenal or process covered by letter, padent trademark or copyright the Sella shall indemnify and save limitless 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 Purchaser for any cast expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In erne said equipment, or any part thereof or the intended use of the gaud, is in such suit held 0 constitute infringement and the use of said equipment or pan is enjnined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the sons with substantially equal but continuing, equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint a rcerr trustee for any of the Sellers property or business, this order may forthwith he canceled by dame Pu haser without liability. 16. GOVERNING LAW. The definition offenses used or the interpretation of the agreement and the rights ofall ponies hereandur shall be onabued under and ... mind by the laws ofthe Sate afC.l.hyk, USA. The following Additional Conditions apply only in roses where the Seller is in perform work hereunder, including We services rf Sellers Reprrsenative(s), on dR premises. folders. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work m Sellers awn risk until the same is fully completed and arur aak and shall, in rose of any accident destruction in injury to then work wal materials before Seller's fwl completion wad acceptance, complete the work at Seller's own expense and to the nationalism of We Purehmn. When materials and equipment are fiunrshed by whera for installation Or «eato. by she Seller, the Sella shall receive, unload, snore and handle same at the site and become rmporuible therefor as bough such promairds ondor equipment were being ftistred by the Sella under de order. 18. INSURANCE. The Sella shall, at his now expense, provide for the payment of workers compensation, including Occupational disease martins, to its employees employed on or in connection with We work covered by this purchase order, and/or to Weir dependeoa in accordance with the laws of the sate in which the work is to be done The Seller shal also carry comprehensive general liability including, but not limited to. commenced and automobile public liability insurance with bodily injury and dmth limits of at least S3OLOW, for any one person, SSW." For any one accident and prepay damage limit pa accident of S400,000. The Sella shell likewise require his contractors, if my, or provide for such compensation and inswo nce. Before my of the Sella or his contractors employees shall do my work upon the premises of others, the Sella shall famish the Purchaser wild it rafficate but such compensation and insurance have been provided. Such anifcare shell specify We date when such .mpemmim and insurance have been provided. Such certificates shall specify be date when such compensation wd insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is compleed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumas the entire responsibility and liability for any and all damageloss w injury of any kind or nature whotsaver to persons or property mused by or resulting from the execution ofthe work provided for in this purcham Me, or in a ... catch herewith. The Seller will indemnify it hold harmless the Purchaser and any r all of the Porchusers oRiars, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may ber put or subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors afters, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account or by reason of any net, action, neglect, omission or default of the Seller of my of his contmmors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and he defend the same at the Sellers own expense, to pay any and all costs, charges, atW.,a fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their otLcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or chained against the primary ofthe Purchaser, or said pries in or as a result of such suits or other proceaims, the Seller will at once cause the same m be dissolved and dochargrd by giving bond or amerwise. The Seller and his contractors mail take all safety precautions, furnish and imell all guard necessary for the prevention of arcidena, comply with all laws and mr aildtiom with regard to safety including, but without limianon, We Occupational Safety and Health And of 1970 and all rules and regulations issued purswm them.. Revised 03rz010