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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9142490Fort Collins Date: 05/02/2014 PURCHASE ORDER Vendor: 330179 INTERWEST CONSULTING GROUP PO BOX 18330 BOULDER CO 80308 PO Number Page 9142490 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 N ote: Line Description Quantity UOM Unit Price Extended Ordered Price t Pedestrian Plan & ADA Imp WO #ICG-00-400903700-14 P,4 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 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. COMMERCIALDEfAIU. Tax exemptions. By shove the City of Fort Collins u exempt tom same and local axes. Our Exemption Number is 98-04502. Fedeal Exdse Tax Exemption Certificate of Registry 84-6000582 is registered with the Collator of Imemal Revenue, Drover, Colorado (Par. Colorado Revised Stories 1903, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of damage in transit, may be rmumed to you for credit and are not to be replaced except upon receipt of written instructions from the City affair Collins. Inspection GOODS are subject to the City of Tom Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, w or equipmentresponse in respoe to this order can own in authorized payment an the pan of the City of Fad Calliw however, it is to be understood that FINAL ACCEPTANCE is dependent upon com,lwmn of all applicable wluired inspection procedures. Freight Terms. Shipments must be F.O.R. City of Fort Collins,'/00 Wood Sr, Fan Collins, CO 80522. unless otherwise specified on this order. If prumbe on is given to prepay freight and charge separately, the original bright bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in serious parts of the country, shipment is ex0ected fmm the nearest distribution point to destination, and excess freight will be deduced from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers able cost all necessary Tumties, certificates and licenses required by all applicable laws, mysterious, w inmces and vales of the state, municipality, temtory or political subdivision where the work is performed, or ttyuired by any other, duly emuc a ed public authority having jurisdiction over the work of vendor. Seller fuller agrees an hold the City of Fort Collins hmmlw from and against all liability and loss incurred by them by reason of an asserted or rstiblamod violation of my such laws, regulations, ordinances, roles and requirements. Authodutlon. All panic to this contract agree that the mpe,senatives arc, in fact, bow fide and possess full and complete authority or limit said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refinance. Any additional or different lanes and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mend make complete shipment 10 arrive an your promised delivery date as noted. Time is of the assume. Delivery and performance most be effected within the time sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, mom, mofpanel late deliveries,shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition W other legal and cqumble earaches, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fir damages as is result of delays due to causes net easonably foreseeable which we beyond its reasonable central and without its fault of negligence, such arts of God, acts o17civil or military authorities, govemmenal priorities, fires, strikes, Ooed, epidemics, wars or riots provided gut notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first eceived knowledge thereof. In the even, of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by new r ofthe delay. 3. WARRANTY. The Seller warrants teal all goods, articles, materials and work covered by this order will worries with applicable drawings, specifieda ores, samples andor ether descriptions given, will be fit for the porous. imendrd, and performed with the highest degree of ere and competence in accordance with accepted standards for work of a similar nacre. That, Seller agree m hold we purchaser harmless from any loss damage or expense which the Purehuer nay suBer d incur on account of the Sellers breach of aysam nry. The Seller Beall replace, repair w make good, without cost in the purchase, any defects or faults arising within one (1) Year or within such longer period of time as may be prescribed by law or by the error army applicable.,y provided by the Seller after the data of acceptance of the goods f fished hereunder (nccepance no, to be umeawsably delayed). resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or we of goods by the Purchaser shall not constitute a waiver of any claim under this wuranry. Except as otherwise provided in this purchase order, the Sellers liability harmade, shall extend m all damages proximately caused by she breach of any of the foregoing wanumics or gunrmtees, but such liability shall in no event include loss ofpmfa 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 harms by written change order. 5. CHANGES B9 COMMERCIAL TERMS. The Purchaser may make any changes to the tab rs, other dun legal ratio, including additions to or deletions from me gwmifirs originally ordered in the specification or damrigs, by verbal or women change order Hour such change afcts the amount due or the time of warge mane, hereunder, an repairable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as many work or materials than or progress provided the the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted panion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller efany of their obligations as an any goods delivered hereunder. V. CLAIMS FOR AD3USTMENT. Any claim for Mitterrand must be waned wifin thrrry (30) days fmm the Jute the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants find all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations 10 which the goads art 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase, harmless from all costs and damages antlered by fie Purchaser as a rend, of fie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mwdfc, or convey this aMe, or any manias due or to become due hereunder wid,out the prior wuimm cal of the other Ivry. ILTITLE. The Seller warrants fall, clear and umes,ected title to the purchaser for all empirical, materials, and items Punished in perAwwwmva of this agreement, face and almr of any wit all liens, restrictions, resrnufions, security interest encumbrances and claims of othen. 11. NONWAIVER. Failure of the Purchases to insist upon stdet part rrmane , of the tenet and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by low, failure to promptly notify the Seller in the event of a breh ac,we acceptance ofor payment for goods hereunder or approval ofthe design, shall not releae the Seller of any of the warranties or obligmions of this purchase order and shall not be deemed a waiver, of any right of the purchaser to insist an nriw pert rmance hareofe, any of its rights or remedies w to any such goods, regurdless of when shipped, received or :mcepteJ, as to any prior or subsequent default hereunder, nor shall any purpuned omit modification or rescission of this purchase order by the Purchaser operate res a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller awl the purchaser rerognire that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretoforeafar rod cane and as consideration for executing this purchase order. fie Seller hereby assigns to the Purchaser any all all aaima it may now have or hereafter acquired wrier federal or state antitrust laws for such overcharges relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed open by the Purchaser and the Seller, and the Seller thwea0er indicates its mobility or unwillingness W comply, the Purchaser may cause the work to be performed by the most expeditious mean writable to it, and the Seller shall pay all casts associated with such work. The Seller shall release the purchaser end its contractors of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in fie meat of fault of negligence of the parry released and shall extend to the directors, writes, and employees prowl,,arty. The Sellers contranual obligations, including warranty, shall not be assumed to be reduced, in any way, because such work is pedbrmed or caused to be performed by the Purchaser. W PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, uadarawk copyright, the Seller shall indemnify and save harmless 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 cantracs, and shall indemnify the Purchaser for any cost, expense or damage which it nay be obliged to pay by reason of such inGngeme., at any rime during the prosecution or after, the completion of the work. In case said ywpment, or any pan herof or the intended use of the goods, is in such wit held a constitute infringement and the use of said equlpveew or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pu¢bucr the right to continue using wed unimportant or pans, replace Ibe same with substantially equal but monfnGnging overpower, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make w assignment for the benefit of creditors, .,Pat., a receiver or trustee for any of rise Sellers property or business, this order may forthwith be canceled by the Purchaser without hobibry. 16. GOVERNING LAW. The definitions of serves used or the interpretation ofthe agreement and the rights of all parties hereunder shall be barma ed under and govemed by the laws of the State ofColoado, USA. Thc following Additional Conditions apply only in cases where the Seller u to perform work hereunder, including the services of Sellers Raptesenarivr(s), on the premises arrows. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk omit the come is fully completed and accepted, anal shall. n case of any accident, destruction or injury to the work and/or maRrials before Sellers final complebn and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle came at the site and become responsible therefor as though such materials major equipment were being famished by she Seller trade, the aide,. 18. INSURANCE. The Seller shall, in his awn expense, provide for the payment of workers compensation, including occupational disease benefias, to its employees employed on or an connection with the wok covered by this purchase order, writer to their depeMrnts in wcoNance with the laws of the suite in %been one work rs to be done. The Seller shall also eny, comprehensive genenl liability including, but not limited to, contactual and automobile public liability insurance with nosily injury and death limits of at least S300.00 for my one person. 5500.000 for tiny am accident and property damage limit pm accident of S400,000. The Seller shall likewise requirt his contractors, if any, to provide for such compensation and hormone. Before any offer Sellers or his contractors employees shall do any work upon the premises of olhers, the Seller shell famish the Purchaser with a centficate that such c rap Greco n and insurance have been provided Such cenifimtes shall specify me data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compenwtion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the were respo esibdrry most liability for any and all damage, loss or injury of any kind or nature whaaoever to persons or property caused by or resulting from the execution offe work provided for in this purchase order at ni connection herewith. The Seller well irriemnify mail hold harmlw the Purchucr and any r all of the Purchasers officers, agents want employees fivers and against any and all claims, lasses, damages, charges at expenses, whether direct or indirect, aid whether to persons or property b which the Purchaser may be put or subject by carbon of any act, action, neglect, omission or default an the pan of the Seller, any of his comrrctors, or any of we Sellers or contrctors officers, agrna or ployers. 1. case any sun, or at proceedings 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 fie Seller of any of his rontrctors or any of its or their officers, agents or employees w eforewid, the Seller hereby agrees to wume the defense thereof and to defend the save, at the Sellers own expense, to pay any and all costs, charges, attorneys 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 lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or w a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond oreferxise. The Seller and his contractors shall coke all safety pjameno as famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety, including, but wefout Irmration, fie Occup hossal Welly and Health Act of 1970 erW all rules all regulations, hound pursuant thereto. Revised 032010