HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9142485PO
PURCHASE ORDER 914248er Page
City of
PURCHASE
9142485 1 of 2
C6rt Coll I ns This number must appear
//_^,'`�—`J-' ` ` on all invoices, packing
sli s and labels.
Date: 05/02/2014
Vendor: 330179
INTERWEST CONSULTING GROUP
PO BOX 18330
BOULDER CO 80308
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 05/02/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 S.Lemay/Mulberry Turn Ln
WO #ICS-01-2014TAD
,fly„';":..lip
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
40,250.00
Total
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. COMMERCIALDETAILS.
Tax exemptions. Bymore the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number k
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6001 is registered with the Collector of
failure of the Purchaser in insist upon strict Performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a),
exercise any rights or manedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods RejeaN, GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of
.any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any nght of the
damage in transit, may be returned to you for credit and are not m be replaced except upon racial of written
purchaser to insist upon strict aefomance hereof or any of its rights or remedies as To any such good,.gamless
instructions from the City of Fan Collins,
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate a a waiver of any of the terns
Inspection. GOODS are subject m the City of Fon Collins iapa ow on wi 1.
hereof.
Final Acceptance. Receipt of the merchandise, services or esuipment in response to this order result esult in
12, ASSIGNMENTOF ANTI] RUST CIA [MS.
aumomad payment on the part of the City of Too Collins. However, it is to be undea emod thin FINAI,
Seller and the Purchaser recognize that in actual economic pmetice, a embarges resulting from antiwst
ACCEPTANCE.depemem upon completion ofall applicablerequired iopeoion procedure,
violations are 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 Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., ran Collins, CO 80522 . .... less
acquired under federal or state mrtiuu&t laws for such overcharges relating to the particular good at smices
otherwise specified on this order. If permission is given to p ins y freight and charge separately, the original fright
purchased or acquired by the Purchaser punuam to this purchase order.
bill most accompany invoice. Additional emerges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have disuibuting points in various pans of the country, shipment is
If he Purchases directs the Seller to correct nonconforming or defective goods by a&te to be agreed upon by the
expelled from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made fmm greater distanee
may crux the work to be performed by the most expediltous means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole roar all necessary manila, certificates and licenses requital by all
applicable laws, regulations, adiances and roles of the some, municipality, territory or political subdivision where
]he Seller shall release the Purchaser and its contractors of nny her fmm all liability and claims of any =lure
the work is performed, or rclhired by any other duly constituted public authority haviogjurisdidion over the work
resulting from the performance ofmch work.
of vendor. Sella further a,,a to hold the City of Pon Collins haradess from and against all liability and loss
incurred by them by reason of an weaned or established violation of any such laws, regulation, ordinances, mles
This release shall apply even in the event of fault of acghI are of the party released and shall extend to the
and raluirements,
dirccmrs, oficas and employees of such party.
Authorization. All panic to this cantrad agree that the representatives are, in fact. bona Ede and possess fold and
TEe Settees contractual obligations, including warranty, shall not h domed to he, reduced. in any way, because
complete authority to bind said ponies.
such work is performed or caused to be performed by the Purchases.
LIMITATION OF TERMS. 'Ups Purchase Order expressly limits acceptance to the moms and conditions slated
herein set forth and any supplementary or additional temps and condition annexed hereto or incorporated herein by
mfiorene. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejectal.
2. DELIVERY.
PLEASE ADVISE PURC14ASING AGENT immediately if you cannot make wmplde shipment to arrive on your
Promised delivery elm a nand. Time is of The asaee. Delivery and performance must the effected within she time
stated can the purchase order and the documents mashed harem. No acts of the Purchasers includin, without
limitation, acceptance of partial late deliveries, shall opemm as a waiver ofthis provision. In the event of any delay.
the Purchaser shall have, in addition in other legal mho equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damage. However, the Seller shall not bc liable for damages as a result of delays
due to causes not masorebly foreseeable which are beyond its reasonable control anal without its fault of negligence,
such aces afGod, acts of civil or military amlwntia, goverrunenol priorities, fires, strikes, food, epidemics, wan or
hots Provided that notice of the conditions causing such delay is given w dm Purchaser within five (5) days of the
time when the Seller fire received knowledge thereof In no event of any such delay, the dam of delivery shall be
extended for the period algal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, circles, miner a s suit work covered by this order will conform with applicable
drawings, specifications, samples import other descriptiore given, will be fit for the purposes intended, and
performed with the highest degree of are and competence in accordance with accepted soMard for work of a
similar nature. The Seller agrees 1. hold the purchaser Females form any Was, damage or experts, which the
Purchaser nay sailer or incur on meant ief the Sellers breach of warranty. The Sella shall .place, repair or make
good, without nest to the purchaser, any defects or hauls arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terns of any applicable ve tmnry Provided by the Seller afar the date of
acceptance of the good famished hereueder (acceptan. cat to h unreasoably delayed), resulting fmm imperfect
or defective work done or materials Betrothal by the Seller. Acceptance or sex of good by the Puahmer shall not
.irate a waives of any claim under this warrary. Except as otherwise provided in this pachme order, the Sellers
liability hereunder shall extend Wall damages psalm mely..it by the breach of any of the foregoing warranties
or g.mntes, but such liability shall in era event include loss of profs or loss of sett. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaar may make changes m legal toms by woncn change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the Terms, other than legal leans, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by vedxal or written change omen. If any such
change offices the amour due or The time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS,
The Purchaser ray at any time by writen change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject m any equitable adjustment between the ponies as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncotnplead
panion of the goads and/or work, for incidental or moequential damages, and that can such adjustment be made in
favor of the Seller with respect to any goods which are the Seller standard stock. No such termination shall relieve
the Purchaser cr the Seller ofnny of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be osened within tarry, (30) days from the date the change or mrmination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been manhood, sold, delivered and famished in varies
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such do croons. may be required m effect m evidence compliance. All It vad regulations required w be
ncorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
Poor wdnen consent ofthe other party.
10. TITLE.
The Sella warrants PoII, clear and unrestricted title to the Purchaser for all equipment, means, and items famished
in performance of this agreement, Bee and clear of any and all liens, restrictions, reservations, sawry interest
encumbran es and claims ofdhes.
14. PATENTS.
Whenaer the Seller is required to use any design, device, material or process covered by later, patent, trademark
or copyright, be Seller shall indemnify and save harmless the Parchaser fmm any and all claims for infringement
by crown of the use of such patented design, device, maenal or princess in connection with the centred, end
shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reamnt ofsuch
infringement at any lime during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or tbe intended use of the goods, is in such it Wit W constitute infringement and the ow of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the night to continue using said equipment or Fans, replace the same with substantially equal but
noninfrinEinC equipment, or modify, it an it becomes ouninGmging.
15. INSOLVENCY.
If the Seller shall become insolvent ar bunkni t, make an aaignmal far the bend, of aMitars, appoint a
receiver or trace for any of the Sellers property or business, this order trey forthwith be canceled by no
Purchaser without liability.
16. GOVERNING LAW.
The defnilions oFri. used or the interpretation ofthe agreement and the rights of all parries hereunder shall be
coowed under and gavemed by the laws of the State ofColomdo, USA.
The Following Additional Conditions apply only in cases Where the Seller as 10 perform won hereunder,
including the services orkiten Reprexntative(s), on ore premises of otters.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own risk until the more is fully considered mad accepted, arm &ball,
in cox of any accident, deswction or injury m the work .&a, rommid, Before Sellers Erol rompinion and
acceptance, complete the work at Sellees own expense and m the actitartion of the Purchaser. When matwals
and equipment am famished by tubers far installation or erection by Ne Seller, the Seller shall receive, unload,
start and hmalle same at tbe site and become responsible thcrtfor as though such materials ampar equipment
were Being fumished by Ne Seller under the order.
18, INSURANCE.
The Seller shall, et his own expense, provide for the payment of workers compensation, including occupatiarel
data. benefits. m its employees employed on r in connection with the work covered by this purchase order,
andror to their dependents in accordance with the Taus of the state in which the work is m be done. The Seller
shall also carry comprehensive general liability including• but not limited to, contractual aM automobile public
liability insurance with bodily injury and death limits of at least 900,000 for my one person, S500,000 for any
one accident and print damage limit per accident of S400,000. The Seller shall likewise require his
contractors. it any, to provide for such compensation am insurance, Debate my of the Sellers or his confirawrous
employes shall do any work uph on the premises of others, the shall famish the pmchrow with a anifi.te
that such compersmion and insurance have been provided. Such «nifcaes shot specify the dam when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and ioumnce expires. The Seller agrees that such compeaation and routines shall be maintained until after the
entire work is completed and accepted.
19. PROTECHON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the cote. aspansibility and liability, for any and all damage, loss or injury of any kind
or nature whatsoever to person or pmpeny caused by or resulting from the execution of the work provided for in
this puslmse order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
cr all of the Purchurs cofficers, agents and employees from and against any and all claims, losses, damages,
harges or expenses, whether direct or indirect, and whether to Persons or limitary to which the Purchases may
be put in subject by r..a 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 a employees. In case any suit or other
powea ngs shall be brought against the Purchases, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the mine at the Sellers own expense, to pay any and all costs, charges, auomeys fees and other exparses.
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 be placed upon or
churned against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will a1 once can. the same m be diasabed and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all gourds necessary, for the prevention 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 mistral regulation issued punuanuherem.
Revised 03,1010