HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9142488Fort Collins
Date: 05/02/2014
PURCHASE fRDER
Vendor: 330179
INTERWEST CONSULTING GROUP
PO BOX 18330
BOULDER CO 80308
PO Number age
9142488 1012
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 CO 80521
Delivery Date: 05/02/2014 Buyer: JOHN STEPHEN
Note:
Line Description Ordered UOM Unit Price Price
Pedestrian Plan & ADA Imp
WO #ICG-02-400903700-14
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
9,700.00
Total $9,700.00
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. COMMERCIN,DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from stale aM local macs. Our Exemption Number is
11. NONWAIVER.
98-04502. Follow Excise lox Exemption Certificate of Registry, 84-6000587 is registered with the Collector of
Failure of the Puchaser to insist upon trader Toif... of the terms end conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exervise any rights or remedies provided herein or by law, failure to promptly notify the Seller in me event of a
breach, the acceptance For payment far goods hereunder or approval ofthe design, shall not relentt the Seller of
Goods Rejected. GOODS RIUF=ED due to failure n meet specifications, either when shipped err due to defects of
any of the warranties or obligations of this puchme order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and art not to be, replaced except upon receipt of women
purchaser to insist upon strict Performance hatrfor any ofits rights or remedies in to any such goods, regardless
instructions Gom the City of Fort 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 as a waiver of my of the rams
Inspection. GOODS me subject o the City of Fort Terms inspection on radical.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to Nis order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorise payment on the Pan of the City of Fan Collins. However, it is to he understood that FINAL
Seller and the Purchaser ¢cognise that in actual modest pracfice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable natural inspection procedures.
violations are in fact home by the Purchaser. Theremfore, for goad cam¢ and as consideration for executing this
purchase under, the Seller hereby assigns ,o the Purchaser any and all claims it may raw have or hereafter
Freight Terms. Shipment most be F.O.R, City of ran Collins. IN Wood St., Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overabr s relating to the particular goods or services
otherwise specified on this oNer, if perm is given to prepay freight and charge separately, the original freight
purchased or ncgaiml by me Purchaser par uard a this puchas, order.
hits mast accompany invoice. Additional charges for tucking will not be accepted.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Damages. Where manufacturers have distributing points in various pans of the count, shipment is
If the Purchaser directs the Seller to cored nonconforming or defective goods by a& is to be agreed upon by the
expected fmm the namt diuntri inn paint to destitution, and excess freight will be deducted from Invoice when
Pirmle.er and the Selleq and the Seller therrnOcr indicates its inability or unwillingness to comply, me Purchaser
shipments are made fmm greater distance.
may cause she work to h performed by me most expeditious means available n it, and me Seller shall pay all
cost associated wiN such work_
Permit. Seller shall procure at sellers cole cost all necessary permit, cerifiams aM licenses required by all
applicable laws, regulations, oNiwnces aM rules of the state, municipality, January or political subdivision where
the work is pM rmed, or rcqui ed by any other duly constituted public authodry laving jurisdiction over the work
of vendor. Seller further agrees m hold the City of Fort Collins harmless from and against all liability and loss
blamed by them by reason of an asserted or established violation of any such laws, regulations, oNiwnees, tales
and requirements.
Authorization. All parties pt This rentracl agree that the repracurlives arc, in far,, bow fide and possess Illl and
complete authority to hind said ponies.
LIMITATION OF TERMS, This Parallel Order expressly limits acceptance to the terms and conditions stated
herein set form and coy sopplemanary or additional terns and conditions annexed Reran or incorporated herein by
reference. Any additional or ddlercto tam, and rondamars proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imrmdimcty try.. crormt make complex shipment n active on your
premised delivery date as noted. Time is of the aamm. Delivery and performance must be effected within the time
soled on the Purchase oNer and the documents .,,ached hereto. No ucts or me Purchasers including, without
limitation, acceptance of,eni.l Inns deliveries, shall operate as. waiver of min provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, ,he optian cf placing this order elsewhere
and holding the Seller liable fin damages. However, the Seller shall not be liable for damages res a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, act ofcivil or military authorities, govemmereal priorities, fires, spikes, mood epidemics, wars or
dots provided mat notice of the conditions musing such delay is given to me Purchaser within five (5) days of the
time when me Seller first received knowledge Nermf. In me event of any such delay, Ne dais of delivery shall h
exteradad for Ne period equal to the time actually dos by... fthe, delay.
3. WARRANTY.
The Seller warrafts that all goods, articles, materials and work covered by Nis order will conform with applicable
drawings, specifications, sands, ON., other descriptions given, will W fit for the lat"wes intended, and
performed with Ne highest dogrel of care and competence in accordance with accepted stand rd for work of a
similar nature. The Seller agrees n hold the purchaser huddess from any loss, damage or expense which the
Purchaser may suffer a incur an account of the Sellers breach of wodoody. 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 as may be pmcobod by law or by the terms of any applicable warranty provided by the Seller eRe, the data of
accepance of the goods furnished fo mu ida (acceptance not to Im unreasonably delayed), resulting fmm imperfect
or defective wad done or materials fumkhed by me Seller. Acceptance or use of good by the Purchaser shall not
candidate a waiver ofany claim under this warranty. Except az otherwise provided in this purchase order, me Sellers
liability hereunder shall extend to all damages ptwimamly wood by the breach of my of me foregoing warmntia
or guamnlces, but such liability shall in no evens include loss of profits or loss of sett. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
T he Purch rsa may make changes to legal terms by wriren change order.
5. CHANGES IN COMMERCIAL TERMS.
Tire I'mcbasr may make any changes n tire terns, other than legal terms, including additions to or deletions from
the quantities originally included in the specifications or drawings, by verbal or women change order. If any such
change aflecs the amount due or the time ofper1m-mce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchase, may at any lime by written change oNer, remtiale Nis ugreemem ns n any or all poniom of me
goods then not shipped, subject to any equitable adjusmenr between the patim as in any wad or materials then in
progress provided mat the Purchaser shall not be liable for my claims for anticipated profts on the uncompleted
portion of the goods andor work, For incidental or consequmnial damages, and mat an such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such teal alion shall relieve
the Parchaer a the Seller of any of,heir obligations as to any goad. delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assumed within may, (30) days from the date the change or graduation is
md—cL
8. COMPLIANCE WITH LAW.
The Sella wamnor thin all goals sold hereunder shall have been produced sold, delivered ark f ished in strict
compliance with all applicable laws and regulations to which the gams ate subjae The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws add regulations required to be
incriminated in agreement of,hia character me hereby inmryomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless farm all casts and damages soRerm by the Purchaser as a meals of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
Poor avoided consent of the other party.
10, TITLE.
The Sella wmmns full, clear and anresmichd fide g me purchaser for all cquipmed, materials, auk items( fished
in performance of this ra dagr ft, firer and clear of any led all liens, modictiom, rnsenauons, security interest
encumbmdew, and claims f.that.
The Seller shall release use purchaser and its roa,.. of any tier from all liability and claims of any ware
resulting from the performance afs.ch work.
This release shall apply even in the event of fault of negligence of the party released am shall extend to the
direcked, officers and employees ofeuch puny.
T he Settees contractual obligations, including warranty, shall not be deemed sea be reduced, in any way, because
such work is pal'onnow or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lancer patens, trademark
r copyright, the Seller shall indemnify and save hmdess the Purchaser from any and all claims for infringement
by reason of he rase of such parented design, device, material or process in c ndradion with me contract. and
shall indemnify the Purchnsd for any cold, expense or damage which it may be obliged to pay by reason of such
inGngement at any time during me prosecution or after due completion of the work. In case said equipmen, or
any pm thereof or the intended tte of the goods, is in such suit held to counting, infringement and me use of
said equipment act pan is enjoined, the Seller shall, at its own expense and as its option, either pncure for the
Purcluaser the nigh, Ira cuntime using said equipment or ports, replace the same will substantially equal but
nouinGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hankmpl, make an assignment for me benefit of credim s, appoint a
receiver or costae for any of the Sellers proper or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftcrms coed on the intimidation of the agreement and the rights of all Tonics hereunder shall be
construed ender and governed by the laws ofthe State ofColorma, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represeuddive(s), on the premises ofothers.
❑. SELLERS RESPONSIBILITY.
The Seller shall arty on said work at Seller's own risk until the same a fully mmpletcd and accepted, and shall,
in case of any accident, destruction or injury to the eamk andor materials before Sellers fiwl completion and
acceptance, complete the work at settees own expense and an me satisfaction of do, Purchaser. Whom matenaki
and equipment ere finished by others for simulation car ertcfim by me Seller, the Seller shall receive, mdoad
store and handle same at the site and become responsible Therefor as though such materials and/or a uipmrnl
were beingfamished by the Seller under Nc order.
18. INSURANCE.
The Seller shall, or his own expense, provide far the payment of workers compensation, including occupational
disease benefits, hs its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependent in accordance with the laws of me state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability inarrana, with bodily injury and death limits of at least S300,000 for any one Person, $500,000 for any
accident and property damage limit per accident of S400,000. The Seller shall likewise require his
coos ctors, if any, to provide for such compensation and insurance. Before any of the Sellers or has contractors
employees shall do any wad upon the premises of others, the Seller shall famish the Purchaser with a certificate
dun such compensation and insurance Juice been provided. Such renieams shalt specify fire date when such
compensation ark insurance have been provided. Such anificales shall specify the dale when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed sad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respanslbil ity and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or progeny caused by or resulting from the execution of the work Provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless fire Purchaser and any
or all of the Purchasers officers, agents and employes from and against any ark all claims, losses, damages,
charges or expenses, whether dared at indirecl, and whether to persons or property to which the purchaser may
be put or subject by dawn of any act, action, neglect, omission or default on the pan of the Sella, any of his
contracmrs, or any of me Sellers or contractors officers, agent or employees. In dial any suit or other
proceedings shall Ise bought against me Purthaed, or its officers, agents or employes at any time on account or
by reason of any act, action, neglect, omission or default of me Seller of any of his conductors or any of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and ro
defend the same at me Sellers own expense, to pay any and all cons, charges, anomeys fees and other expenses,
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 Into be, placed upon or
obtained against the property ofine Is rchosa, or said parties in or as a result of such its or other proceedings,
the Seller will at once cause me same To be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all Ramks nec¢eery for the prevention of
accidents, comply with all laws saw regulations with regaN a safety including, but without limitation, the
Occupational Safety ark Health Act of 1970 and all tales and regulations issued per., tlosaw
Revised 03R010