HomeMy WebLinkAbout130088 ICON ENGINEERING INC - PURCHASE ORDER - 9142457Fort Collins
Date: 05/02/2014
Vendor: 130088
ICON ENGINEERING INC
8100 S AKRON ST STE 300
ENGLEWOOD CO 80112
PURCHASE ORDER
PO Number Page
9142457 1of2
This number must appear
on all invoices, packing
sli sand labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 05/02/2014 Buyer: PAT JOHNSON
Note
Line Description uluarany UOM Unit Price cxrenueu
Ordered Price
WO # SB2014-03 1 LOT LS 25,500.00
BOXELDER/COOPER SLOUGH BASIN
HYDROLOGY UPDATE ADDITIONAL ITEMS
7300 Consulting Engineering Services for Clearview Channel Improvements
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@fogov.00m
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
ri -se Order Terms and Conditions
Page 2 of 2
1. %IERCIA1. DETAILS.
q': options. By statute the City of Fort Collins is exempt from site and local taxes. Our Exemption Number is
I L NON WAIVER.
9e '. Federal Excise Tax Exemption Cenificate of Registry 84-60110587 is regiatertd with the Collator of
Failure of the Purchaser t. insist upon strict performance of the tear mW conditions hereof, failure or delay to
In Revenue, Denver, Colorado (Ref. Colorado Revised Summit, it, 1973. Chapter 39-26, 114 (a).
exercise any rights in remedies provided herein or by law, failure of promptly notify the Sella in the event of a
breach, the acceptance of., poymat for goad hereunder or approval of the design, shall not release the Seller of
Gn ,,jectal. GOODS REJECTED due to failure or meet spedGw6ons, either when shipped or due to defects of
any of the watmaties or obligations of this purchase order and shall net be deemed a waiver of any right of the
di in tronsit, may be resumed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon shier prafarmancc hereof or any of its rights or remedies as to any such goods, regardless
in .. than, fiom the City of Fort Calif..
of when shipped, received or accepted, as ro any prior at subsequent default hereunder, nor shall any pmp.ned
orel madifemion or rescission of Ibis purchase order by the Purchases operate ns a waiver of any of the terms
la,., -loll. GOODS are subject to the City of Fort Collins inspection on arrival.
hereaf.
Final Acceptance. Receipt of the merchout as or equipment in response to this other can tat in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
molmnzed payment on the pan of the City of Fart Collins. However, it is to W understood that FINAL
Seller and the Purchaser recogmdze that in actual ecomrdc pro lice, avrreharges resulting fmm amirmst
ACCEPTANCE is dependent upon completion oFall applicable required inspection pmcedura.
violations are in fact home by life Purchaser. Thactofom, for good tour¢ and as consideration for executing this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
Ficlght Tema. Shipments must be F.O B., City of Fat Collins, 900 Wood Sr, Too Collins, CO 80522, unless
acquired under federal or state mtitrfot laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If pemsission D given he prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
Ind must accompany invoice. Additional charges for packing will not be snarled,
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have disuibuting points in mrions Paris of the country, shipment is
If the Purchaser directs the Seller to correct nonconf ing or defective goods by a date to the agreed upon by the
a,caled from the an.., distribution poinno destination, and excess freight will be deducted from Invoice when
Purchaser and the Sella, and the Seller thermfia indicates its inability« unwillingness to comply, the Purchaser
shipments are made from &eater distance.
may cause the work m ha performed by the most expeditious mean anwitable to it, and the Seller shall pay all
coati aumimal wins such work.
Points. Sella ,hall pmcum in Sellers sole cost all naessar, Pamirs, cedificates and licenses required by all
applicable laws, regulations, mdirunces and roles of:he stale, municipality, territory or political subdivision where
the work is performed, or required by any offer duly constituted public authority le ingjansdiction over the work
of randar. Seller fuller agrees to hold the City of Fort Collin harmless from and againt all liabiliry and loss
marred by them by reason of an asserted or established violation of any such laws, regulation, ordinances, tales
and requirements.
An lmriaation. All Parries to this contract agree that the representatives are, in fort, buna fide and pos ess full and
coripicte authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
Inman sal forth and any supplementary a additional tams and conditions annexed hereto or man umted herein by
reference. Any additional or different terns and conditions proposed by Sella are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately try.. cannot make complete shipment to arrive an yam
proutiard delivery date as noted. Time is of the essence. Delivery and performance most l e effected within the time
shoed on the purchase order and the documents ahach d hereto. No acts of the Purchasers including, without
Initiation, acceptance of,anial late deliveries, shall oMain as a waiver of this provision. In the event of any delay,
16e Purchaser shall have, in addition 10 other legal and equitable mosaics, the option of,daring this order elsewhere
and holding the Seller liable For damngs. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which me beyond its reasonable control and without Its Paull Of nrgligenca,
such acts of Our, acts of civil or military authorities, governmental priorities, fires, strikes, Rated. epidemics, was; Or
riots provided that notice of the conditions coning such delay is given to the Purchaser, within five (5) days of the
time when the Seller first received knowledge thereof. In the ail of any such delay, the dam of delivery shall be
extended for the period aml to the time actnlly lost by rmwa of the delay.
3. WARRANTY.
The Seller wammts that all goads, articles, materials and work covered by this order will conform with applicable
drawings, specification, Samples andhr other icmriptiost given, will be fit fen the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of a mi The Seller shall replace, repair or make
good, without roar to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law err by the terms of my applicable warronry provided by the Sella after the date of
acceptance of due good fumkhed hereunder (acceptance not to be unreasombly delayed), resulting from imperfect
or defective «ark done or materials f rmiShtd by the Seller. Acceptance or use of good by the Pumheser shall not
onslimte a waiver.fmy claim under Nis wamm dy. Except as otherwise provided in Ibis purchase order, the Sellers
liability hereunder shall extr:W to all damage proximately coned by the breach of any of the foregoing wfomnit.
or grourni but such liability shall in no sear include lass of profits or loss offoe. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal temvs by within change order
5. CHANGES IN COMMERCIAL TERMS.
The Parehzser may make any changes to the terms. Other than legal corms, including additions m Or deletions from
die quantities originally ordered in the specifications or drawings, by vertical or written change order. If my such
change abbees fire amount due or the lime of,tamarnmce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wdaen change arch, terminate this agreement as many or all protons of life
good then not shipped, subject to any equitable adjnswml between the ponies as m any work or materials den in
progress provided that the Purchaser shall not be liable for any claims for anticipated pmfts on the uncompleted
portion of the good met work, for incidental or c,rsequemial damages, and that no such WIlnfirad be, made in
favor of the Seller with respect to any good which arc the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller of any of their obligations as to any grad delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from de date the change or lamination is
Ordered.
S. COMPLIANCE WITH LAW.
lbe Seger warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
nnpl ..or with all applicable laws end regulations as which the good aft subject The Sella shall execute moll
dots,+ such doemmenb a may be ma tar i to effect or eKJrrra compliance. All laws and regulations vertical to In
ncugmmted in agreements of this character me hereby incorporated herein by Ibis reference. The Seller agrees ro
ndcnmify and hold the Purchaser harmleas from all costs and damages suffered by de, Purchaser os a resift of the
Shccrs failure m comply with such law.
v. ASSIGNMENT.
Neither Forty shall assign, transfer, or convey Ibis order, or any monies due or to become due hereunder without the
prior wdnen consent afR. offer Fury.
10. TITLE
The Seller waments full, clear and umatrictcd fide to the Purchases for ell ryuifac t malau-N. and item famished
in pexfimmorm of this agreement, free and clear of any and all lieu, restrictions, resmatians. semrity interest
a meat rmces ford claims of others.
The Seller shall Octeam den Pmrchaser and its rearracbrs of any tier few all liabiliry and claims of any mturt
resulting fmm the performance afsuch work.
This release shall apply even in the event of fault of negligence of rife parry released and shall extend to the
diomars, officers and employees of such party.
The Sel ar's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, becmthc
such work is performed or caned 10 he performed by the P,chuer.
14. PATENTS.
Whenever the Seller is required muse any design, device, mmerial or process covered by letter, patent trademark
a copyright, the Sella Shall indemnify tab save harmless the Purchaser firm any and all claims for inGngemenl
by reason of the use of such patented design, desire, material or process in connection with de contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement many time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended we of the goad, is in such suit held to contimte infringement and the use of
said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue Wing said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes nonirritating.
15. INSOLVENCY.
If the Seller shall become insolvent ar bard:mpt, make an vaigmowed for the benefit of creditors, appoint a
or mo ee for any or the Sellers property a business, W, order rosy foMwirh be canceled by the
furtherer with., liability.
16. GOVERNING LAW.
The definitions, of terms ford or the ioterprtwtion ofe agreement all red rights of all podia hereunder shall be
mowed under arm governed by the laws of the Sate of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represa wtive(s), on the premiss of others.
IT. SELLERS RESPONSIBILITY.
The Seller shall curry, an said work at Sellers own risk =tit the same is fully completed and ecmpted, and Shall,
in rase of any accident, destruction or injury to the work author machinists before Seller's f 1 complexion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmenak
and equipment art f iahed by others for instillation or erection by flee Sella, the Seller shall notice. timid,
same and handle Same at the site and became reaponsible therefor as through such materials andfor equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatiowl
disease benefits, to its employees employed an or in connection with due work covered by this prucham 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 limiled to, contractual and automobile public
liabiliry insurance wit. if, injury and deaM1 li,nio of to Is-, S300.. for any one Person, SSOO,. for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for m such compensation and insurance. Before my of the Seller, or his eonemaa
employees shall der my work upon the premises of others, the Sella shall burnish the Purchaser with a unificate
Ibm such exmperssation and insurance have barn provided. Such carifemes shall specify the date when such
compensation and insurance have been provided. Such mdifimts shall specify the date wham such compensation
will insurance expires. The Sella agrees Nat such comp fion and insurance shall be maintained until after the
mum work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes tfie entire responsibility and liability for any and all damage, loss a injury, of any kind
r nature whatsoever to persons or pmpmy caused by or resulting from the execution of the work provided for in
Ibis purchase order or in connection herewith. The Seller will indemnify and hold harmless fe Purchaser and my
a all of the Furth..Ricers, agents and .,].,a, Gom and against any end all claims, losses damages,
charges or expenses, whether direct or indirect, and whether Of Mz or property to which the Purchaser may
be put or subject by reason of any act, action, neither. amissian or default on the pan of the Seller, my of his
contractors, or my of de Sellers or matmctors officers, agents or employees. In cue any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on s cmum or
by maxon of any act, achum. angles, omission or default of the Sella of any of his cmlmm.rs or any of its or
their officers, agents or employees as aforesaid, foe Sella hereby agrees to assume the def thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and offer expense,
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 W placed upon or
obtained against the property ofe Purchaser, or said parties in or to a result of such suits or offer proceedings,
the Seller will at once mum the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all Safety precautions, famish and imsmll all gseard necessary for the prevention of
accidents, comply with all laws and regulations with regard m safety including• but without limitation, the
Occupational &rely end Health Act of 1970 and all rules all regulations issued pursuant deco.
Revised 03C010