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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9142489Fort Collins Date: 05/02/2014 PURCHASE ORDER Vendor: 330179 INTERWEST CONSULTING GROUP PO BOX 18330 BOULDER CO 80308 PO Number Page 9142489 1of2 This number must appear on all invoices, packing sli s 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 Quantity UOM Unit Price Extended Ordered Price r Pedestrian Plan & ADA Imp WO #ICG-01-400903700-14 P14 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 6,200.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98 M502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to 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 pq exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event at a breach, the acwpance .1 or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due in failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dmmed a waiver of any right of the damage in transit, may be retuned to you far credit and are not 1m be replaced except upon receipt of written purchaser to incur upon strict performance hereof or any of its rights or bundles as to any such goods, regardless wastmctions from the City of ran Collins. of when shipped, received or accepted, as to any prior an mbxqurnl default hereunder, nor shall any purported anal modifwtion or rescission of this putchau oMd by the Purchaser eperme as is waiver of my of the norms Inspection. GOODS mere subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or ginpmrnt in response to His order an. result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize Hat in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is depemdem upon completion of all applicable required inspection procedures, violations are in fact home by the Purchases. Theremfore, for good cause and as consideration for v.du ng this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaper Freight Terms. Shipments must be F.O.B., City of Fon Collins. 700 Wood St., Fail Collins, CO 80522. unless acquired under federal or score antimost laws for such overcharges relining m the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser potation, to this purchase order, bill most accompany invoice. Additional charges for Waking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufanurds have abounding points in tan m pans of the country, shipment is Ifte Purchaser, directs the Seller to correct rmnconforming or defective guests by a data to be agreed upon by the expected from the nearest distribution point to destitution, and excess freight will be deducted farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to M perforated by the mast expeditious means available 1. it, and the Sella shall pay all costs associated with such work. Permits. Seller shall procure el sellers sole cos, all necessary permits, cenificutes and licenses required by all applicable laws, regulations, onlinances and macs ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pan Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates unit requirements. Authorization. All parties to this contract agree that the «presenutives art, in but, bow fide and possess full and complete authority to bind said parties. LIMITATION Of TERMS. This Purohase Order expressly limns acceptance to the berms, and conditions anted herein set forth and any supplemantary or additional terms and conditions annexed hemp or Into sue ed herein by reference. Any additional or dincient terms and conditions proposed by seller are objected in and hereby rejcaed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery dam as noted. Time is of He essentt. Delivery and performance nun Ix eReded within the time slated on He purchase order and the documents apachN hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opemm as a waiver of this Provision. In the exert along delay, the Purchaser shall have. in addition to other legal mud equitable remedies, the option of placing this order elsewhere and holding He Seller liable for damages. However, the Seller shall not be liable far damages as s result of delays due ro muses no, reaxrably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts fGod, aces of civil or mfile, anthrmice, governmental priorities, fires, strikes, flood, epidemics, wars or not, 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 ,he event of any each delay, ,he date of delivery shut be extended for the period equal m the time acm illy lost by reason off, delay. 3. WARRANTY. The Seller warrants that all goods, amides, materials and work covered by this order will confirm with applicable drawings, specifications, simples maker other descriptions give% will be fat for the purposes aertded. and Performed watt the highest degree of rare and competence in accordance with accepted standards for work of a similar mime. The Seller agrees to hold the purchaser homeless, from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers branch of wananry. 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 pdind of time as may be prescribed by law to by the tents of any applicable ..my p.tried by the Seller one, the date of acceptance of He goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work dune or materials [ ished by the Seller. Acceptance or use of goods by the Prichard shall not rnstime a waiver ofany claim under His warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately .it by the breach of any of the foregoing rairs or gtamnfees, but such liability shall in no event include lass of probe, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Pumhiermay make any changes to the tents, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjusment shall be made. 6. TERMINATIONS. The purchaser may at my time by written change aNer, tamiaae this agreement as to any or all pardons of the goods than not shipped, subject to any equitable adjustment between the patties as to any work or materials then in progress provided that the Purchase, shall no, be liable for any claims for anticipated profits on the uncompleted portion ofthe goods andkor work, for incidental or consequential damages, and that no such adjustment be made in favor critic Seller with respect 10 any K,xIs which are ,he Sellers standard stock. No such nomination shall relieve the Pumhasef or the Seller of my of their, obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within Hip, (30) days from the dal the change or temdmtion is ordered. 8. COMPLIANCE WITH IA W. The Sella wanarms ,hoc all goods sold hereueder stall have becn produced, sold, delivered and famished in aria compliance with all applicable laws and reguamimis to which the goods are subject. The Seller shall execue and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be corpomad in agreemems of His character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither roomy shall assign, member, or convey this added, or my monies due or to become due heretmder without He prior woman consent OOh, other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, no erials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all limbil try and claims of any nature remhing form he performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend ,o the directors, officers and employees of inch pony. The Setters commercial obligations, including warranty, span not be deemed to be reduced, in any way, because such work f performed 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 letter, proem, trademark or copyright, the Seller shall indemnify and save hur nless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or prowess in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reaction of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pot thereof err the induced use of He goods, is in such suit bald to amplitude infr mosm, and the use of said qulpmen, or par is anjoined, the Sella shall, at its own expense ard at its option, either procue for the Purchaser the right 10 ex minne using said equipment or Lima, replace the same with sobsamially equal but noninGnging equipment, or modify it so it becomes lwninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offerors uaed or the interyretation ofthe agreement and the rights of all Indian hereunder shall be consumed under and governed by the laws ofthe Sure of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Re ocoundive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and scraped, and shall, in se of my accident, destruction or injury to the work andror mmmals before Seller's final completion and acceptance, complete the work a1 Sellers own expense and to the satisfaction of He Purchaser. When materials and equipmen, are furnished by others for installation or erection by the Sella, He Seller shall receive, unload sore and handle some at the site and become responsible therefor as though such materials anNor equipment were being famished by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers cons amention, including occupational disease benefits, to its employees employed oa or in connection with fe work covered by this pst order, author to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cony comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of or least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his cournarears, if any, to provide for such compensation and i or anee. Before any of the Setters or has contractors employees shall use any work upon He premiss of others, the Seller shall famish He Purchaser with a certificate that such compensation and announce have been provided. Such dra fiwres shall specify the date when such compensation and insurance have been provided. Such candidates shall specify the date when such compawtum and insurance expires. The Seller agrees that such compensation and innocent, shall be maintained until tiller the entire work is roughened end ace,, e L 19. PROTECTION AGAINST' ACCIDENTS AND DAMAGES. 'Ihe Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting Item fie execution of the work provided for in this purchase Order or in connection herewith. The Seller will wdemnify and hold harmless the Purchaser and my r all of the Purchasers olfccrs, agents and employees from and against any and all claims, lesser, damages, charges or expense; whether direct or indirect, and whether to persoas or pmpeny to which He Porehmer may M Put or subject by reason of my act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors offcars, agents or employees. In case any suit Or other proceedings shall f brought against the Purchaser, or its offers, agents or employees at any time On account or by reason Of any net, nation, neglect, omission or defnd, of the Seller of any of his comraders or any of its or their oRcers, .gems or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend fie same ache Sellers own expense, m Pay any and all costs, charges, tWm,, fees and other expenses, any and all judgments that may be incurred by Or obtained against the Purchaser at any of its or their Officers, agents or employees in such suits or other proceedings, and in rose judgment or other lien be placed upon or abanied against de property of the Purchaser, or said paris in or u a result of such chi¢ or other proceedings, the Seller will at once wax He some to be dissolved and discharged by giving bond or otherwise. The Seller and his con rod m, shall lake all safety precautions, famish ma moall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Saery and Health An of 1970 and all roles and regulations issued pursuant thereto. Revised 03aWO