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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9143323PO PURCHASE ORDER 914332er Page C117/ of PURCHASE 43323 1012 ' `tCollins( This number must appear V " on all invoices, packing �slips and labels. Date: 06/12/2014 Vendor: 330179 Ship To: NATURAL AREAS INTERWEST CONSULTING GROUP CITY OF FORT COLLINS PO BOX 18330 1745 Hoffman Mill Road BOULDER CO 80308 FORT COLLINS CO 80522 Delivery Date: 06/12/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Riverbend Ponds 1 LOT LS 12,900.00 Per work order dated May 12, 2014 Civil engineering, design, drafting & surveying Riverbend Ponds Trail improvement project 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Centigrade of Registry 84-6000587 6 registered with the Collector of ❑ ternal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26,114 (a). Goad Rejected. GOODS REJECTED due to failure to meet spedGcalmns, either when shipped or due to defects of damage in tmtxsit maybe Pronal b you for credit ard are not to be replaced except upon receipt of women instructions from the Cary of Fort Call.. Inspection. GOODS arc subject to be City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, parlisce or equipment in response to this order can result an authorrzed payment on the pan of the City of ran Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Icons. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless whawi.. specified on this code, If pennissan is given to prepay fright and charge separately, the maginal freagM bill mud accompany invoice. Additional charges for packing will not be receptor. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution prior 1. destiwtime, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller .shall practice at sellers all cost all racesscry Permits, cenificales and lic mes required by all applicable laws, regulations, ordinances and roles of be sure, municipality, proper, or political subdivslm where the work is performed, Or on fired by ivy other duly confirmed public authority havingjurasdact w over the work of r.do,. Sella fuller operas fo hold be Cary of Pon Collins hacent. from and again, all liability and lass incurred by them by reason of an wrombed or established violation army such laws, regulations, ordironces, roles and nesiremenu. Autfadvtion. All worries to this contract agree that be representatives arc, in fat, boos ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Other expressly Iran,, acceptance m the toms cal condition sated herein set forth and any supplementary or additional trans and conditions arrested hereto or incorporated herein by reference. Any additional or different tetras and conditions proposed by seller are objected to and hereby rjmed, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your pmniord delivery date as nwled. Time is of the essence. Delivery and onfommnm mnsr be eHa[ed within the time stated on the parclmse order and the document- attached hereto. No acts of the Purchases including, without limitation, mar,lance of partial Tale deliveries, shall operate. a waiver of fis provision. In the..of of any delay, the Purchaser shall have, in addition to other legal and equafable remedies, the option mplacing this order elsewhere and holding the Seller liable far dinarm,s. Hawevev the Seller shall not be liable fen damages as a result of delays due to causes not reavrnably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gml, acts ofcivil or military authorities, govermnenul priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) drys of be time when the Sena east received knowledge guerenf. In the event crony such delay, be are ordelivery shall be mended for the period equal to be time actually lost by lesson of the delay. 3. WARRANTY. The Sella warrants that ell good, onticles, mmenals and work covered by this order will conform wads applicable drawings, specifications, samples and/or other descriptions given, will be fil for be purposes imendish and performed with the highest degree of cane and complain in accordance with ccepted smalards for work of a similar rature. The Seller agrees b held be purchaser harmless from any lass, damage or expense which be ssma Purcher y suffer or incur on account of to Sellers beach of warranty. The Seller am][ replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer grand of time as maybe prescribed by law or by be terms army applicable warmly provided by the Sella alter be ate of reeeptanu of the goofs famished hereunder (acceptance not to be Presumably delayed), resulting from impaf rt or defective work done or materials fumshed by be Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no elect include loss of profit or loss of use. NO IMPLIED WARRANTY OR MERCI]ANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by writer change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be terms, other than legal temp, including additions to or deletions from the quantities ... tri ly .,deceit to to specification or dmx'ings, by verbal . wnnen change order. If my such change affecl5 the amount due w the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by women change onder, terminate this agreement ns to any in all reasons of the goods then not shipped, subject m any equitable alImament between the parties as to any work or materials then in progress provided that the Purchaser shall no, be doable for coy claims rim amicipmed profits an be unwmplaed pension of the goods all work, for incidental m consequential damages, and that no such adjustment be made in favor of be Sella was respect m any panda which are the Sellers slward stock. No such terminadmn ball aelieve the Purchaser or the Seller army often obligations as to coy good delivered slander. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mad be woroed within tarty (30) days film the date the mange or terourcu m as mdowL 8. COMPLIANCE WITH LAW. The Seller warrants thin sill goods sold hereunder shall have been produced, sold, delivered and brushed an shot compliance with all applicable laws and regulations to which the gaols are subject. The Seller shall coeval cad deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of his ch.cta we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mother, or convey dins when, or any monies due or to become due hereunder without the pram wnnen consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted fide to Ore Pmchaser rim all equipment, Orchads, and items fumshed an performwce of gas agreement, free and that of any anal all liens, restrictions, reservations. seennty moment encumbrances and claims ofoters. 11. NONWAIVER. Fail. of the purchaser P. insist upon strict perf ce of tM terms and..data. hereof, failure or delay to any rights or remedies provided herein or by how, faihoe . pmmp,Iy rotary the Seller in the event of a breach, the acceptance oft, payment for goads hereunder or aPP.I argue design, shall not releue be Sella of Pay of the xManIt. or obligations of this purchase under and shall am be deemed a waiver of any eight of the purchaser to insist upon strict performance hereelf or any of its rights or remedies. to any such goods, regardless of when shipped, received or ncomrs], . to any prior or whip coal default hereunder, car shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a raa via of any of the terms hereof 12. ASSIGNMENT OF ANTIT RUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from warrant violations are in fact home by the Purchaser. Theretofore, forgoodcause and as considemaion for execming this purchase and ,, the Seller hereby assigns to the Purchaser any and all claims P may now hall or hereatta acquired under fedcml or stale antitrust laws for such overcharges Pedaling to the punacular 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 cooed nonconforming or defective goods by. date to be agreed upon by the Purchases and the Seller, and the Seller thereafter indicates its inability or nnwillapess to comply, the Purchaser mry .use the work to be pafnrated by be mnst rope iumns means available to it, and the Seller shall Pay all casts associated with such work. The Sella shall releam the Purchucr and us ..of.. of any later from all liability, and claims of any wwre resulting from the performance afsuch work. This release shall apply even in be event of fault of neglagence of the party released and shall extend t. be directors, officers and employees arum party. The Sellces contractual obligation, including warranty, shall not be decmcd to be earned. in any way, because such work is Fairness] 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 later, patent, trademark Or copyright, the Seller shall indemnify and save harmless the Pu¢haser from any and all claims for infringement by reason of the use of such patented design, device, nomend or process in councatiw with the contain,, and shall indemnify the Purchaser for any cost, expense or image which it may be Obliged to pay by reason of such infrinVownt at any time during the prosecution or after 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 ,an is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninGngang equipment, or modify n so it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or batkmpl, make an assignment (a, the benefit of creditors, appoint a receiver or tens ce for any of the Sellers property or business, this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING V.W. The definitions affairs, used or ncc interpretation ofthe agreement and the rights ofall panics hereunder shall be twsuued under and governed by Has, laws of the Some ofColoudo, USA. The following Additional Conditions; apply only in owes where re Sella is to perform wok herewda, including Ore service of Sellers Representatic OL on the pranlses of.bars. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's awn risk anal be same is rally mmpletcal and accepted, all shall, in ase, of any accident, destruelion err injury t. be work -Nor matends before Sellces focal completion and acceptance, complete the work at Seller's own expense and . the satisfaction of the Purchaser. When materials and equipment are famished by others for installation w erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such mu rnsis wdror equipment were facing famished by the Seller under the order. 19. INSURANCE. The Seller shall, al his own expense, provide for be payment of workers compensation, including occupational disease bwefls, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordwce with be laws of the state in which ,be work is to be done. The Seller shall also carry comp chenive general liability including, but not limited to, contractual and automobile public limAny insurance with Saltily injury and death limit of at least 5300,IXq for any one person. SSW pW for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, so provide for such confirmation and insuaance. Before any of the Sellers or his ammcmrs employees shall do any work upon be premises of others, be Seller shall furnish the Puchascr war a ttnaficate mar such compensation and insurance have been provided. Such cenircamin shall specify the date when such compensation Put ansumnce have been providaL Such roommates shill specify be date when such compensation and am ins ee expires. The Sella agrees than such compensartion all insurance shall be maintained coral after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any cad all image, lass or injury ofmy kind or ration whatsoever m persons or property caused by or resulting form the execution of be work provided for in this purchase order or in connection hand ith. The Seller will indemnify and hold Farmers the Purchaser and coy r all of the Purchasers officers, agents and employees from and against coy and all claims, losses, damages, charges or expawas, whether direct or indarecl, and whether, to peon or property to which the Pumhasa may be put or subject by reason of coy act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commctors officers, agents or employees. In case any suit or other proceedings shall be brought againn the Purchase,, or its officers, agents or rmployces at any time on account or by reason of r any of its or their , action,ny act, officers,agents err employees ctasomission Seller u abousaid, the Sellerr hereby agrees to as mue the defense thereof and to defend the same at the Sellers awn expense, a pay any and all casts, charges, auomeys fees and other expenses, coy and all judgments bar 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 Her be placed upon or obtained agairfr be property of the Purchaser, or said parties in or as a result of such seats or other proceedings, be Seller will at ume cause the same to be dissolved and dschou s] by giving bond or otherwise. The Seller all his contractors shall fake all safety purommars, Finnish and nnsull all guards treessary, for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Hedgu Ad of 1970 all ell calls and regulations issued pursuant thereto. Revised (OnOW