HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9143322Fort Collins
Date: 06/12/2014
Vendor: 330179
PURCHASE ORDER
INTERWEST CONSULTING GROUP
PO BOX 18330
BOULDER CO 80308
PO Number Page
9143322 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 06/12/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Shields Trail Fossil Creek
Drive to Trilby Road
Shields Trail - Fossil Creek Drive to Trilby Road per
work order dated 5/1/14 and invoice 17907 dated
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
39,100.00
100.00
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Om Exemption Boundaries
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600o587 is registered with the Collector of
Inumal Revenue, Denver, Colorado (Ref. Cut..& Revised Statutes 1973. Chapter 39-26, 114 (a).
Gaud Rejected. GOODS REJECTED due to failure to mat specifications. either what stopped or due to def vet of
chat in tmmit, may be ratimN to you for credit and are not to be replaced except upon receipt of women
instructions from the City of Fear Collins.
Inspection. GOODS are subject to the City of F.n Collin Impectien oa mnval.
Final Acceptance. Receipt of the merchandise, services at equipment in resource to this order an cook in
milwriud payment on the from of the City of Fort Collim. He., it is to a andasuxad that FINAL
ACCEPTANCE is dependent upon completion ofell applicable com N inspection procedures.
Freight Terre. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St, Fart Collins, CO 80522, anew
otherwise specified on this order. if pemission is given 10 many freight sod chary, separately, the odgilul freight
bill most accommnv invoice. Additional charges for tucking will not be accepted.
Shipment Distance Where manufacturers have dishlbming points in various parts of the country, shipment is
expected from the nearest distribution point to destitution, and excess freight will be dedudN from Invoice when
shipments are made fmm greater distance.
Pounds. Sella shall prowre a1 sellers sole cost all necessary Fannie, cenificata and licenses required by all
applicable laws, regulation, ordinances and rules of the state, municipality, tannery or political subdivision where
she work is performed, or required by any other duly asmtitured public aulberary having mieweeli a, over the work
of vendor. Seller further agrees to hold the City of Too Collins harmless from and against all liability and loss
iticarre,J by them by nown of as moaned or established violation of any such laws, regulation, ordinances, talcs
and rryuiremenls.
Auto orisulim. All parties to This contract agree fro the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics,
LIMITATION OF TERMS. His Purchase Order expressly limits .accertmea to the team and conditions scaled
herein eel fink and any supplemadary, or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make occupies, shipment m arrive oa your
promised delivery date as noted.'1'ime is of the essence. Ddircry and perfrmance must be eliecteJ within the time
stated on the purchase order and the documents attached hereto. No was of fie Parchaurs including, without
limitation, acceptance of paninl late deliveries, shall opemle as a waiver of this provision. In the event crafty delay.
the Purehmcr shall have, in addition to other legal and equitable remNies, fie option ofplacing this order elsewhere
and holding the Sella liable for damages, However, the Seller shall not be, liable for damages as a result of delays
due an causes not reasonably foresttable which are beyond its reasonable ocmml and without ies faale of negligence,
such ens of God, acts of civil or military authorities, governmental pnomies, fires, strikes, flood, epidemics, wars or
6. provided fro made of the condiliom arcing each delay is given on the Pumhmer within five (5) days arrive
time when fie Sella fro received knowlNge thereof. In the event of any such delay, the data of delivery shall be
extended for fie period .at m the into actually loss by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, catered and work emend by this order will conform with applicable
derwiags, specifications, samples surge, other descriptions, given, will be fit for the proposes iveauto, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar w,am The Sella agents to hold the purchaser hamlcss fmm any lass, damage or legalise which the
purchaser may suRer o, incur on account order Sellers breach of was V. The Seller shall replace, repair m make
good, without cost to fie purchases, any defects or faults arising within one (I) year or within such longer period of
time as may he preuribeJ by law or by the lens of any applicable wvmnry Fri by fie Seller after fie date of
acceptance of the good famished hereunder (acceptance not to he unseasonably delayed), retailing from imperfect
or defective work done or materials handled by fie Sella. Acceptance or use of goods by fie Purchaer shall not
omdoi, a waiver of any vision under this wam4nty. Except as otherwise provided in this Foreknow, oMe,, the Sellers
liability hereunder shall extend 1. all damage proximately mush by fie breach of my of fie foregoing waemmice
or Summaries, but such liability shall in no event include loss ofprofits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may ..it, changes to legal ears by wi0en change order.
5. CHANGES IN COMMERCIAL T ERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the gnnntities nr i g in,dly ".1orJ in the specification, or dmwiny, by verbal or wrinen clwnge order. If any such
change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change sack, terminate this ante neat as to any or all Poniom of The
d to then not shipped, subject any equitable adjustment between the panics as to any work or memrials then in
pmgms provided that the Purchaser shall not be liable for any claims for anticipated profia on the uncompleted
portion of the good author work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which arc the Sellers sandrd stock. No such termination shall relieve
the Purchaser or the Seller afany of their obligations os to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the doe Me change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all gnarls sold locations, shall have been produced, said, delivered and famished an suia
compliance with all applicable lam and regulations or which fie goods are subject. The Seller shall execute and
deliver such documents me maybe required to effect or evidence compliance. All laws and regulations required to v
incorporated in e,,ecouns of this character are hereby incorporated herein by this reference. The Seller agora 10
indemnify and hold the Purchaser Fairness from all cents and damages suffered by fie Purchaser as a resale of the
Sellers failure to comply with such be.
9. ASSIGNMENT.
Neither, Party shall assign, mvnf r, a convey this order, or any movies due or to become due bereunder svithtm the
prim winner consent of fie other Party.
10. TITLE.
The Sella warrants full, clear and unrestricted tide to fie Purchaser for all equipment, normal, and items famished
to performance of this agreement. free and if. of any and all them, restrictions reseavatle e, security interest
encumbrances and dahns ofothen.
11. NON WAIVER.
Failure of the Purchosa to insist upon stria Performance of the toms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller is the event of a
breach, the acceptance of or payment for goods hereunder or apprawal of the design, shall not release the Seller of
any of the wamenties or obligations of this purchase order anal shall not be deemN a waiver of any right of the
purchaser to insist upon inner performance hereofor any of its rights memories as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
root modi Beirut. or ¢scission of this purchase other by the Pumbaser operate as a waiver of any of the teats
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchue, conimige Than in actml ceromic pursuer, overchvges breaking from .1fm1
violations ire in fact home by the Purchaser. Theretofore, for good ause and as considemtion for executing this
purchase order, the Seller hereby assigns to the Purehuer any and all claims it may row have m hereafter
acquired undo federal at sum moment laws for such overcharges relating o the pmticular good or services
purchased or acquimd by the Purchaser pursuant in this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to coned nonconforming or defective good by a date o be agreed upon by fie
Prerelease, and the Seller, and the Seller fereaM indicates its Mr iliry in unwillingness to comply. the Purchase,
may cause the work to be performed by the most expedifious means available to it, and the Seller shall pay all
caste msmimed with such work. ,
The Seller shall release the Purchaser and its emnracors of any tier fmm all liability and claims of any nature
walling from the pert rrarre ofsuch work.
This release shall apply even in the event of fault of negligence of fie party released and shall extend to the
dlrecmn, oWant,, and employers fsuch party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is permound or caused to be performed by the Purchaser.
14. PAT'ENTS.
Whenever fie Seller is required to use any de -sign, device, material or process covered by leften patent, trademark
or apyrigln, 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 contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reawn of such
infringement at any time during the prosecution or after the completion of fie work. In case said equipment, or
any part thereof or the intended use of the good, is in such suit held to constitute infringement and fie use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, ofer procure for the
Purchaser the right to continue using said equipment or parts, replace fie same with substantially equal but
meninfringing equipment, in mWiry it w it becomes noninfdnging.
15. INSOLVENCY.
If the Sella shall biome insolvent or bankmpt, nuke an assignment for fie benefit of creditors, appoint a
recover or trustee for any of the Sellers property or business, this order may forthwith he canceled by fie
Purchaser without liability.
16. GOVERNING LAW.
The definitions tfeceem used or fie imogromems order agreement and fie rights oral parties hereunder shall be
examined undo and governed by fie laws of the Sure of Colamdo, USA.
The following Additional Carolina. apply only an cases where fie Seller is to perform work hereuodv,
including the service of Sellers Rryreeentaliv<(s), on fie premises ofoMers.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work a1 Sit own .,it until fie same u fully completN and accepted, and shall,
in se of any accident. damonf r or injury to the work singer materials before Sellers final completion and
acceptance, complete the work m Sellers own expense aad to he satisfaction of fie Purchaser. When materials
and equipment me fumishN by others for installation or erection by the Sella, the Sella shall receive, unload,
some anti handle same a, fie sae and become responsible therefor as though such materials an We, ouipmml
were being fumishal by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compammion, including occupational
disease benefits, to its employees employed on or in connection with no work covered by this purchase order,
andfor to their dependents in accordance with the laws of the mute in which fie work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability in with lustily injury and Jemh limit, of a1 Iemt 530Q000 for any one pars n, 5500.0nn for any
one accident and property damage limit per accident of 5400,000. Ile Seller shell likewise requirt his
otare er, if, any, to Provide fur such corafausation and insurance Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser wilt a emirate
that rush mmpemmlon .,it insurance have been provided. Such cenificala shall specify the date when such
compensation and insurance have been provided. Such ceniferees shall specify fie date when such compensation
and insurance expires. The Seller agates that such compensation and insurance shall he maintained until timer the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resources the entire responsibility and liability for any and all damage, loss or injury of my kind
or nature whatsoever to persons or property caused by or resulting fmm fie execution of fie work provided for in
this purchase order or in connection herewith The Sella will indemnify and hold handess the Purchaser and any
or all of the Purcha«rs officers, agents and employees from and against any and all claims, Iwses, damages,
charges or expenses, whether direct or indirect, and whether to Persom or proway to which the Purchaser may
he put in subject by reason of my act, action, neglect, omission or default on she part of fie Sella, any of his
contractors, or my of the Sellers or contractors officers, agents or employees. In rose any suit a other
proceedings shall he brought against the Purchase, or its officers, agents or employees at any time on account or
by ream. of any at, azure, aglmt. omission or &feel, of fie Seller of any of his contractors or ivy of its or
Men oRcers, agent or employers as aforesaid, the Seller hereby agrees 10 ..a fie der thermf end In
defeat fie same at the Sellers own xpose. to pay tiny and all costs, charges, anomeys fees and other expenses,
any and all judgmms that may he incurred by or obtained against the Puaha to any of its or their oRcers,
agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or
obtained agaiml the property of the Purchaser, or said Farmers in or as a result ofsuch suits or other preceedmgs,
Me Seller will at once muse the some, an he dissolved and dischagW by giving bond or ofcover. The Seller and
his comruaon shall take all safety precautions, f ash and instill all guard necessary for the provender, of
accidents, comply with all laws and regulations with outland to safety morning, but without limitation, the
Occupational Safety and Health Act of 1970 and all ones and regulators issued pursuant themo.
Revised 03R010