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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9142899Fort Collins Date: 05/21/2014 PURCHASE ORDER Vendor: 330179 INTERWEST CONSULTING GROUP PO BOX 18330 BOULDER CO 80308 PO Number Page 9142899 1uf2 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: 05/21/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I E. Prospect Bridge Rprs. WO #05-254902110-14 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 :rl 11 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. COMMERCIALDETAIIS. Tax exemptions. By surrum the City of Pon Collins 0 exempt from sateaM local suxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise I'ax Exemption Caufieve of Registry 84-6000582 is registered with the Collector of Failure of the purchaser to mist upon strict performance of the terns and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Raised Salutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to Promptly notify the Seller ch the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shod[ not release the Seller of Goad Rejected, GOODS RFJEC I'ED due to failure to meet specifications, either when shipped or due to defends of any of the ware Mica or obllgo ime if this purchase order and shall not be deemed u waiver of any night of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon somet Fairmont hereof or any of its rights or remedies res to any such goods, regardless instructions from the City of Too Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned am[ modification or rescission of this purchase order by the Purchaser operate ere a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respmase to this Omer ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, colhonissd payment on the pan of the City of For Collins. However, it is to be understood that FINAL Seller al the Purchaser reregami, that in actual economic practice, washarges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmandum. violations are in fact home by the Purchase, Theremm efogood cause and as concidemtiou for executing this purchase aide,, the Seller hereby assigrss m the purchaser any and all claims it nwy now have or hereafter Freight Tennis. Shipments most be F.O.D., City of Fort Collins, 700 Wood Su. Fort Collins, CO 80522, unless acquired under federal or site antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order.Ifpemmican is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser ruminant to this purchase order. hi 11 must encounters, invoice. Additional chances for cackinn will not be accented. Shipment Distance. Where manufacturers have distributing points in sources parts of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will he deducted front Invoice when shipments we made from greater distance. Permits . Sella shall proctor at sellers sale cost all necessary pands, cardinal and licamis required by all applicable ]aus, regulations. Omitunces and In, of the slate, municipality, m rdary an political subdivision where the work is performed, or required by any other duly cuntium d public writing, having jurisdiction over the work of vendor. Seller former agrees to hold the City of Fon Collins harmless from and small all liability and loss incurred by them by reason of an ¢sacred or established violation of any such laws, regulations, ordinances, roles and requirements. Autherixatims. All parties to this contract agree that the a po semaives are, in fact, bona fide and paccess full and complete aothoriry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated herein set forth and my mpplemenmry or additional tears and conditions mmexed hero or incorporated herein by reference. Any additional or different temp and conditions proposed by seller are objected to aM hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to art on your promised delivery data as noted Time is of be ovwwc. Delivery and performance must In, effected within she time staled on the purchase enter and the ductwens attached hernia. No acts of the Purchasers including, without lirmanor, acceptance of partial late delivenes, shall operate as a waiver of this precision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller dull not be liable for damages as a retail of delays due to causes not reaeanably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, ads of civil or mi limry authorities, govemmenfl priorities, fires, strikes, find, epidemies, wars or riots provided that notice of the conditions canning such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the went of any such delay, the date of delivery shall M extended for be period ngwl in the time actually her by reason offs delay. 3. WARRANTY. The Sella warrants but all good, articles, materials and work favored by this order will cant with applicable drawings, spacifirmars, samples andror other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar tmmre. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall coiffure, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time n may be prescribed by law or by the tams of any applicable warranty provided by the Seller after the date of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from impeff t or def ctive walk done or mmm cls f ishcd by the Sella. Acceptance or use of good by the Foochow, shall not announce a waiver of any claim under this warranty. Except is; otherwise provided in this purchase order, the Sellers liability, hereunder shall extend to all damages proximately canned by the breach of any of the f going sc2mwf is or gmmaren, but swh liability shall in w event w to& loss ofpmfN or loss of sae. 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. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the 9na toies migiwlly ordered in the maitications or drawings, by verbal ev written change order. If any such change affects the amount due m the time ofperformanwe hereunder, as anarchic adjustment shall lx made. 6. TERMINATIONS. IM Purchases may at any time by within change Omer, terminate this agreement ss to any or all pacons of be goods then not shipped, subject to any equitable adjustment befween the panics Or to any wet.' or materials then in progress provided that the Pumhuer shall not he liable for any claims for anticipated profits on the uncompleted portion of the goods anchor work. for incidental or consequential damages, and treat no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such turnanation shall relieve the Purchaser or the Seller army of thei, obligation as to any goads delivered hereunder. I. CLAIMS FOR ADJUSTMENT. A, claim for adjustment most be assened within thirty (30) days from the date the change Or lemtinahom Is ordered. S. COMPLIANCE WITH LAW, The Seller winnow ow Out all goods sold hcreutder shill have been produced, said, delivered and fumuhed in witel compliance with all applicable laws and regulations to which the, goods am subject The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser Or a result of also Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall Orion, transfer, or convey this onter, or any monies due or to became due hereunder wirhous the prior writs. cortsmt of she other it,. 10. TITLE The Seller warrant full, clear and umesoicred title to the Funcboer for all equipment, comeriad, and items famished in performance of this agreement, free msd clear of any and all lien, msmOr ctia, resmation, security interest rncumbmvicesand claims ofotbers. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. Iffe Purchaser directs the Seller to cement nonconforming or def ¢rive goods by a date to be agreed upon by the Purchaser and the Sells,, and the Seller thereafter indicates its inability or unwillingness m comply, the Pumh sew may came the work to ha performed by the most expeditions means available to it, and the Sella shall pay all costs comeimed with such work. The Seller shall release the Purchaser and its mountaors of any her from all liability al claims of any wows, .Ili., from the pert nm. of such work. This release shall apply even in the went of fault of negligence of the Ferny released and shall extend to the directors, officers and employees of such party. Pre Seller's contractual obligations, including warranty, shrill not be demand to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENI S. Whenever the Seller is required to ne any design, device, mmenal ar process covered by later, pasms, naderark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infdngement by reason of the use of such pa rimed designs, device, autenal or p.. in connection with the faatowt, and shall indemnify the Purchaser far any cast, experts, or damage which it may be obliged m pay by mason of such inGngement at any time during she prosecution or aver the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment Or par is enjoined, the Seller shall, al its owv awruc and at its option, eiha procure far the Purchaser the right m continue using said chapmml or parts, replace the sari , with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became moolveat or bankrupt, make an vocational for be benefit of creditors, appoint a receiver or trustee for my of the Sellers property or hotness, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The defiaitims ofit— used or the interpretation of the agreement and the rights of all panics hereunder shall be corromad under and governed by the laws c ftbe Store of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including flat services of Sellers Reprexntwive(s), oa the premises ofarhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk wIt[ the same is fully completed and accepted, and shall, n case of any accident, destruction or injury to the work maker materials before Sellers final completion add acceptance, complete the work at Sellers own expense and m the satisfaction of be Purchaser. When matmils and equipment are fumislam by others for installation or erection by the Seller, the Seller shall receive, ulmd, slow and handle same at the site and became remonible therefor as though such materials aadfor equipment were being fumished by the Sella under the enter. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers communication, including occupational disease benefits, m its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the snare in which the work is to be done. The Seller shall also may comprehensive general liability including, but not limited m, continental and automobile public liabdany insurance with Wddy injury and dash limit, of in least Unn,noo for any one person. Smo.0ho in, any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contherom, if any, to provide Ira such compensation aM insurance. Before any of the Sellers ar his mntatio s employees shall do any walk upon the premises of others, Ore Sella shall famish the Purchoea with a senificate chat such compensation and insuance have been provided- Such mrifwtes shall specify be date when such communist and insurance have ban provided. Such certificates shall specify the date when such compeltution and womence expires. The Seller agrees that such compensation and insurance shall be maintained until One, be entire work is completed and accepted. 19. PROTECP ON AGAMST ACCIDENTS AND DAMAGES. The Seller hereby ossumes the entire responsibility and liability for any and all dmoup, loss or injury of any kind or nature whatsoever to persons or papery caused by or resulting from the execution of the work provided far in this purehaw order or in connection herewith The Seller will indemnify and hold hamJess the purchaser and any or all of the Purchasra officers, agents and employees from and against any and all claims, lasses, damage. charges or expenses, whether direct or indirect, and whether as persons Or property an which the Purchaser rwy be put or subject by rwswn of any acr, action, neglect, omission or default on the pant of the Sella, any of his marrocmrs, or any of the Sellers or contmcmrs officers, agents or employees. In Tau my suit or other proceedings shall ha brought against the purchase, or its officers, agents or employees at any lime an account or by reason of any act mien, neglect, omission or default of the Seller of any of has mutmctors or any of ice or their officers, agents err employees as aforesaid, the Seller hereby agrees m assume be defense thereof and w defend the same at the Sellers own airtime, to pay any and all costs, charges, attorneys has and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is 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 of the Purchoeq or said panics in or Or a result of such suits or other ponowi illp, the Seller will at once muse be same to he dissolved and discharged by giving band or aferwiw. The Seller and his contractors shall take all safety precaution, furnish and mail all guards wasurry for the prevention of accidents, comply with all laws and regulation with regard an safety including. but without limitation, the Occupational Safety and Health Act of 1970 and ell roles and regulation issued woural thereb. Revised O3R010