HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9143579PO
PURCHASE ORDER 914357 Number Page
C117/ of PURCHASE
43579 t of z
Flirt Collins( his number must appear
!_\V`I ` V 1' on all invoices, packing
sli s and labels.
Date: 06/25/2014
Vendor: 330179
INTERWEST CONSULTING GROUP
PO BOX 18330
BOULDER CO 80308
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 06/25/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Jefferson St. Improvements
WO #1-400901804-14
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
57,775.00
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 men stale and local roars. Our Exemption Number is
98-o4502. Federal Excise Tax Exemption Certificate of Registry 84.6DWSO is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of
damage in troasi% may be retuned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fan Collins.
Inspection. GOODS are subject a the City of Pon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, sec or equipment in response to this order can result in
authorized payment on the pan of the City of Foe Collins. However, it is to be underslod thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Turner. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Tom Collins, CO 80522, unless
othe vise specifiedoo Nis order. If permission is given to prepay, freight atM charge separately, the original freight
bill must accompany invoice. Addltional charges fur packing will not be accepted.
Shipment Distance. Wbac manufacturers have distributing Points in various pans of the country, shipment is
expected fmm the nearest daolbmion point to destination, and excess freight will be dductN from Invoice when
shipments art made from Greater dismt er.
Permits. Seller shall procure m sellers .to cast all necessary pnmits, mraftemes and licenses required by all
applicable laws, regulations, ordinances and tales of the slate, municipality, manmry or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of similar. Seller further agrees to hold the City of Too Callim harmless Gom and against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinnnces, roles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact bon, fide and possess full and
complete authority to bind said patties.
LIMITATION OF TERMS. This Purchase Order apressly limits cceptaoce 1p 1be it. and conditions stated
herein set forth and any supplementary or additional terms and conditions amexed herein or incorporated herein by
reference. Any rider al or ddhat at terms and cmWin. proposed by seller are objected to rod hereby mjeaad
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou armor make complete shipment to active on your
promised delivery date as noted. Time is of the essence Delivery, and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No ace of the Purchasers including, without
limiatiun, accrptance ofportial late deli edea shall openue as a waiver of this provision. In the runt of any delay,
the Purchaser shall have, iu addition to other F,Sal aril equitable remedies, the option of placing this oNer elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a malt of deloys
due to causes not reasonably foreseeable which are beyond Its reasonable control and without ids fault of negligence,
such acts i it acts ofcivil or military authorities, governmental prionries,fire, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchases within five (5) days of the
time when the Sella first received knowledge thereof. In the event of any such delay, the data of delivery shall be
extended for the period equal to the time actually lost by reams of the delay.
3. WARRANTY. -
The Seller waamns Oat all good, asides, materials and work covered by this order will conform with applicable
drawings, specifications, sample anal other desctlptioa given, will be fit for the purposes intended, and
pert ed with the highest degree of can and competence in accordance with accepted suflard for work of a
similar nature. The Seller agrees m hold the purchaser harmless fmm any loss, damage or a". which the
Purchaser may suffer or incur on account of the Sellers breach of waamnry. The Seller shall replace, 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 ns may be pescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods fumishd hereunder (acceptance not to be incommodity delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser stall not
canstimm a waiver of any claim under this warranty. Except us otherwise provided in this purchase aide, the Sellers
habit dy hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or gmum ees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purribuuer may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may rude any changes to the terms, soldier than legal corms, including additions to in deleions from
the quantities originally ordered in the spttinptions or dmwinys, by verbal Or written change order If any such
change affects the amount due or the time of perfomance hereunder, an equitable adjustmmt shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wnnen change order, marinate this agreement as or any ur all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as Or any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated punts on the uncompleted
proton of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of he Seller with respect o any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser .,,he Seller ofany of their, obligations as to any goads delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be averted within thirty (30) days Gom the date the change or termination is
ordertJ.
S. COMPLIANCE WITH LAW.
The Sella warrants, that all good sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to alTc d or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character art hereby monspomted herein by Its reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costa and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrmen consent ofthe other patty.
iRTITLE.
The Seller warfare full, clear and coratriaed title to the P regsser for all equipment, mamriaB, and isms f ishd
in performance of this agreement, free and clear of any and all lieu, maturnmes, reservations. smuiry, inmost
encumbr4nca aM claims o'others.
11. NONWAIVER.
Failure of the pu drover m insist upon .or per( tie of tbe morn and conditions hcreoL Giance or delay to
examine my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the cceplarae ofor payment for goods hereunder or approval ofthe design, shall coot release the Seller of
any of the warranties or obligatiore of this pumhaa order and shall not be deemed a waiver of any right of the
Purchaser to insist upon stria performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted. as m any prior or subsequent default hereunder, nor shall any putparted
card modification tar rescission of this purchase oNer by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser rtcognize that in actual economic practice, overcharges resulting much antitrustviolations
violations are in fart home by the Purchaser. Theretoforenfor good cause and as consideration for executing this
purchase order, the Seller hereby assign to the Pumhssa any and all claims it may now have or hereaper
acquired under fdenl or auto antitrust lows for such overcharges relating to due particular goods or services
purchased or acquired by the Purchaser pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Pumhasa directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by tbe
Purchaser and the Seller, bad the Seller therealle indicates its inability or mw1ihakness to comply, the pumhasa
may muse the work to be performed by me most expeditions meets available 1p it, and he Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature
tainting form the Performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend m the
direcmas, oRcers and employees of such patty.
The Seller's contractual obligations, including worm ly, shall not be deemed no be reduced, in any way, because
such work is pert ed or caused to Is, performed by the Purchaser.
14. PATENTS.
'Viou ev'a the Seller is nquird to use any design, device, material or process coveted by later, Patent. trademark
or copyright, the Seller shall indemnify and save hamtless the Pumhssn man any am all claims for infringen¢m
by reason of the sea of such Patented design, device, material or process in connection with the contract, end
shall indemnify the Purchaser for any eves, expense or damage which it may be obliged to pay by reason of such
inGrngemeat at nay time during Ne Prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended at of the Smith, is in such suit held to coarimm icoGrngement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Pummour the right to continue using said equipment or parts, replace the same with substantially equal bur
noun hangdog equipment, or modify it so it becomes naninfringing.
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 fromod by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of terms tad or the inrerpretatim of the agreement and the rights of all parties hereunder shall be
..it under and governed by the ewz ofthe State arColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder.
including the services ofsellers Riquas mini, aid, on the premisa of ethers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and mosques, and shall,
in e of any accident. destruction or injury to the work and/or materials before Selle's final completion and
areptance, complete the work at Seller's awn expense and to the satisfaction of the Purchase,, When materials
and equipment arc famished by ethers far articulation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Sella shall, ,1 his on a,,., provide for the coymem of workers compensation, including occupational
disease benefits, m its employees employed no or in connection with the wank covered by this purchase under.
and/or to their dependents in prevaricate with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited mo contractual and automobile public
liability insurance with bodily injury and death limits of at leas, S300.000 for any one pasau SSW." for any
oaccident and port damage limit pa accident of 54W,o00. The Sella Shull likewise require his
ntractors, if any, to provide for such compensation and impactor. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall punish the Pumhasa with a unificam
that such compensation and insurance have been provided Such cenifemes shall specify the date when such
ompensatian and insurance have been provided. Such cettificams shall specify the date when such compensation
and insurance expirm. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assuma the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
Nis purchase order or in connection herewith. The Seller will indemnify and hold harmless the Porcha er and any
cr all of the Purchasersod officers, agents memployees from and against any and all claims, losses, damage,
harges or expenses, whether direct or iodiret and whether to persom or pmprny to which the Purchaser may
be put or subject by reason of any ct, action, neglect, omission or &Rauh on the pan of the Sella, any of his
contractors, or any of the Sellers or contractors officers, agents Or employees. N case any suit or sober
proceedings shall be brought against tbe purchases, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Sella of nay of his contractors many of its or
their affairs, agents or employees as aforesaid, Ne Seller herby open to assume the defense thereof and to
defend the same at the Sellers ows aperue, m 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 my of its or their officers,
agents or employees in such suits or other proceedings, and in mu judgment or other lien be placed upon or
obtained against the property of the Porchaou, or said parties in are as a result of such sours or other proceedings,
the Sella will at once cause the some 10 be dissolved and do,hergd by giving bond or otherwi e. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and maulabos, with regaN to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant therein.
Revised 03R010