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HomeMy WebLinkAbout130088 ICON ENGINEERING INC - PURCHASE ORDER - 9143910Fort Collins Date: 07/14/2014 Vendor: 130088 ICON ENGINEERING INC 8100 S AKRON ST STE 300 ENGLEWOOD CO 80112 PURCHASE ORDER PO Number Page 9143910 1012 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 WO # SB-2014-5 PEER REVIEW FOR CANAL IMPORT HYDROLOGY MODEL 1 LOT LS 7300 Consulting Engineering Services for Clearview Channel Improvements & Minor Capital Improvements 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 8,256.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Page 2 of 2 1. C0MMERC1ALDEfA1LS. Tax exemptions. By statute the City of Fort Collins is exempt firm sme and to of Trots. Our Exemption Number is 11. NON WAIVER_ 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered] with the Collector of Failure of The Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Imemal Revenue, Denver, Colorado (Ref. Colorado Raised Stories 1973, Chapter 39-26. 114 (a) exercise any rights or remedies provided herein or by law, failure to pmnptly notify the Seller m the event of a breach. the acceptance ofor payment for goods hecounder or appmul afthe design, shall not acting, the Seller of Good Rejected. GOODS REJECTED due to fail. tT men spch ficatiom, either when shipped or due to deletes of any of the warranties or.1do tiom of this p.Mm order and shall W1 be deemed a waive, of any right of The damage in omit, maybe mumm to you for credit and are not m be replaced except upon receipt of written purchaser to insist upon strict performance hermfor any of its rights or comedies as in any such goad, regardless detractions fmm the City of Fort Collins. of whin shipped, received or accepted, as to any prior or subsequent default hacounder, nor shall my purported am] modification or rescission of this purchase order by the Purchaser operate m a waiver of my of the terms levpection. GOODS arc subject to the City of Fort Collin inspection on larval. hersuf. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fog Collins. However, it is to he understood that FINAL Seller and the Purchaser reccl thin is actual economic prxlice, counclowl resulting from mlilmt ACCEPTANCEis dependent upon comploinnofall applimblerequired impeaching procedures. violations the in fact borne by me Purchaser. Theretofore, for good central, and as comidemtlon for executing this purcha, order, the Seller hereby wo gas to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments must be CO.D, City of Fort Collins, 700 Wood ST. Eon Collins, CO 80522. unless acquired under federal or state antitrust laws for such overchages relating to the particular good or services otherwise specified on this order. If permission is given 1. prepay freight end charge separately, the original freight purchased or acquired by the Purehaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman Distance. Where manufacturers have dismbuting points is varim, pans of The country, shipment is If the Purchaser directs the Seller to correct maremhraii,or defective goods by a date to be agreed upon by We expected from the normal distribution paint to destination, and excess Freight will be deducted from Invoice when Pumhaer and the Seller, and the Seller Wconfler indicie its inability or unwillingness to comply, me Purchase shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all roots nommmd with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and final required by all applicable laws, regulations, ordinances and ales of the share, mumemaliry, ternary or political suhlivisim where The Seller shall mica, the Purchase, and its contractors of any lie, from all liability and claims ofany nature the work is permred. or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch work. of vendor. Seller further agrees to hold the City of Fort Collin hamless fmm and again, all liability and loss incurred by them by reason of an mscned or esmblhhed violation of any such laws, regulations, ordinances, mles This release slmll apply even in the ever of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees ofsuch parry. Authorization. All parties to this coning, agree hat The representatives an, in facer, bon file ,ad possess full and The Senses contrdcmal obligation, including warranty, shall not be dnmcd to be deduced, in any way, because complete authority to bind said pries. such work is performed or caused to be pcharged by the Purchaser. LIMITATION' OF TERMS, This Purchase Ooer expressly limits acceptance To The terms sale conalawas smell[ herein set font and any supplementary, or additional emms and mndiriom annexed hereto or incorporated h ndin by reference. AnyW all..[or diltbcaft1. my mrmiuom prepared by seller are objected or wad hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment to arrive on your promised delivery, date in noted. Time is of the comm. Delivery and performance mint he effected within the time sated on the purchase order and he documents attached hereto. No acts of the Purchasers including. without limitation, acceplann ofpmi.1 late deliveries, shah opens To a waiver affairs nowisi.m. In The sent fany delay, The Purchaser shall ham, in addition m other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for d maSes. However, The Seller shall not be liable for damages m a result i delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its faun of negligence, such acts official, acts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice a he conditions causing such delay is given r he Purchaser within five (5) days of the time when the Seller for received knowledge thereof In The evem of any such delay. the die of delivery shall be extended for the period equal to he time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gaasfs, articles, materials and work covered by this order will conrnn with applicable drawings, specifications, complex and/or other descriptions given, will be fit far the potgrses intended, and performed wilt the highest degree of care and competence in accordance with accepted standards for walk of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaer may sull'er or incur on account of The Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of mceplmce of the good famished hereunder (acceptance not m be unreasonably delayed), resulting Tom imperfect or defective work done or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall not comtimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, he Sellers liability humundw shall extend to all damages proximately caused by he breach of any of the foregoing small or guarantees, but such liability shall in no event indeed, loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purtban may make changes to legal term by whom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes r The lemss, older Wan legal tern, including addiliom r or Jektiom from he quantities originally ordered in the specification or drawings, by see bal or written change order. If any such change affects the amount due or the lime ofperformence hereunder, an equitable adjustment shall he made. 6.1F.RMINATIONS. The Purchaser may at eery time by written change Town, terminate this agreement a to any or all potions of the goods than not shipped, subject to any egnimble adjustment between The parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted potion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with raped to any goods which are We Sellers standard sunk. No such termination shall relieve the Purchaser or the Seller ofany of their obligations an to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be amened within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good soled hereurtdn shall have been produced, sold, delivered and furnished in smct compliance with all applicable laws and regulation r which The good we subject. The Seller shall execute and deliver such documents a troy No "would to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this deal are hereby incarp arded herein by this refereme. The Seller agrees or indemnify and hold the Purchaser harmless fmm all costs and damages suffered by he Pmclaaer an a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, amber, or convey flues atom or my monies due or to become due Remainder without me prior arrive. cogent Tribe Timer parry. 10. TITLE. The Seller warms full, clear anal Surrounded tide to the Nothua for all equipment, materials, and items famished in pdfomtmce of This agreement, free and clear of my and all liens, mtrictiom, resenafom, secunry imens, encumbrance. and claims of others. 14. PATENTS. Whenever he Seller is required to me any design, device, matdal or process covered by Inner. parent, Trademark or copyright, me Seller shall indemnify and some hurdless the Purchases fmm any and all claims for infringement by reason of me we of such patented design, device, material or process in connection with The mound, and shall indemnify the Purchaser for my cash, expense or damage which u may be obliged to pay by reason of such infringement an any time during The prosecution or after the completion of The work. In case said equipment, or any port thereof or he intended use of the good, is in such suit held To comhirm infringement and the use of mid equipment or pan is ourn ed, the Seller shall, at its own expense and at its option, either procure for the Purchaser The right To continue mina mid equipment or pans, replace he mine with substantially eqml but goninlringing equipment, or modify it sat it becomes noninGnging. 15. INSOLVENCY. If he Seller shall became insolvent or bankrupt, make an assignment for The benefit of credlrrs, appoint a receiver or hmtee for any of the Sellers property or business, his order may forthwith be canceled by the Purchaser wihor liability. 16. GOVERNING LAW. The definitions of tents used or the imcmretntion ofthe ngreemenl and the rights of all parties hereunder shall be comtmed under and governed by the laws of he State of Colorado. USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rep mandati,e(s), an the premises of others. 17. SELLERS RESP0NSIBILITY. The Seller sort carry on said work at Sellers own ink until the same is fully completed and accepted, and shall, an x of my accident, destruction or injury to the work Under materials before Subm's fml completion and acceptance, complete the work an Sellers own expense and to the mtisGction of he Puchmer. When materials and equipment are famished by others for installation or erection by the Seller, The Seller shall receive, unload, some and handle same at The site and become responsible therefor or Waugh such materials m&a, equq mmt were being fimnished by the Seller under me order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compewtion, including occupational disease benefits, to its employees employed an or in connection with the weak covered by gas numb em order, and/or 10 thou dependma in accordance with the laws of the sure in which the work is to be, done. The Seller shall else carry comprehensive general liability, including, but not limited to, mntrecmal and mmmobile public liability tre.c win bodily injury and dram limits or. Ivan 5300,000 far any one person, SStg,IXq far any accident and m Tommy damage limit per accident of 5400,000. The Seller shall Ilkewke rquire his mnraors, if any, to provide for such compensation and insurance. Before my of me Sellers or his contractors employes shall do my work upon the ptnmiscs of others, the Sella shall famish the Purchaser with a cenlficar Oat such mmpem and resonance have been provided. Such certificates shall specify me date when such compensation and immance have been provided. Such entificmn shall specify the date when such compensation and insurance expires. The Seller agrees that such mmperegion and insurance shall be maintained. ,it after the entire work is completed and incepted. 19. PROTF.CI'[ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire rnpunsial iry and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. fire Set let will inden oily and hold harmless the Purchaser and any r all of The Purchasers oRcers, agents and employees from and against any and all claim, losses, damages, charges or expenses, whether direct or indirect, and whether to pecans or property to which The Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of The Sellers or ronrcmrs office., agents or employees. In case any suit or .,her proceedings shell be brought against The Pumhaer, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume The defense thereof and TT defend The mine an the Sellers own expense, to pay any and all costs, charges, attom ys fees and other expenses, my and all judgmen that may be incurred by on trimmed against the Purchaser or my of iu or their oRcers, agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obuhted against the property of the Purchaser, or said pvtia in or To a muh oflinch .as or oho proceedings, to Seller will at once case The same to be dissolved and discharged by giving bumf or otherwise. The Seller and M1u coatmcams shall Take all mfgy precautions, f ish sod inmll all guard nnessary for The Immigration of accidents, comply with all laws and regulations with regard to safety including, but without limimuoq me Occupatiorml Safety hard Health And of 1970 and all talcs and regulation issued pursuant Thereto. Revised 032010