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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9144145PO PURCHASE ORDER 914414er Page City of PURCHASE 9144145 ' of z Flirt CollinsChis number must appear ,t—,J`-' ` " 1 1�7 on all invoices, packing sli s and labels. Date: 07/22/2014 Vendor: 330179 Ship To: ENGINEERING DIVISION INTERWEST CONSULTING GROUP CITY OF FORT COLLINS PO BOX 18330 281 N COLLEGE AVE BOULDER CO 80308 FORT COLLINS CO 80521 Delivery Date: 07/22/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Remington Greenway Imp. 1 LOT LS 9,000.00 WO #07-400901920-14 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.mm Pay terms net 30 days 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 Collim is exempt from state and local nixes. Our Exemption Number is 984 4502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered wiN the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sunmes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written rnswdiona from the City of Pan Collim. Inspection. GOODS art subject m due City of Fun Collins inspection on arrival. Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in authorized paymentn on the paof the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tents. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Few Collins, CO 80522, unless whencise specifted m ibis order. If pmnission is given b prepay freight and charge separately, the ongiml freight bill must accompany invoice. Additional clurges for Packing will not Ie accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to deducti ns, and excess freight will be deducted from Invoice when shipments an made from greater i istamx. Permits. Seller shall procare ed sellers sole cos, all necessary permits, cenificates and liceresi required by all applicable laws, regulations. ordinances and roles of the site, munreipality, eritory or panic.] imakewim where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Turner agrees to hold the City of Finn Collin handless from and against all liability and loss neared by them by reason of m asserted or established violation of any such laws, regulations, ordina., rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess f II and complete authority to bind said parties. LIMITATION OF TERMS. This Pumhse Order expressly limits mcepoana to the ,emu and conditions stated herein set forth and my supplementary or additional terms and mnddiom annexed harem or incorpoaed herein by reference. Any odthtioil or dilemomif. and conditions proposed by seller art objected to and hereby injected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete .shipment to move on your promised delivery date as noted Time is of the essence. Delivery and perfommner must be effected within the time soared an the purchase order and the documents attached hereto. No acts of the Pmchssers including. without Irmlutim , acceptance of"anlal late deliverers, shall operate m a xuiver writs provision. In the event artery delay, the Purchaser shall have, in addition m main If,] and equitable rem ties, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to cnuves no, mwersoubly fommeable which are beyond its reasonable control and without Its fault of negligence, sun acrs of God, acts of civil or military authorities, govemmmind priorities, fires, saikes, Bused, epidemics, wars or riots provided fat notice of the conditions musing such delay is given to the Purchaser within five (5) days of the lime when ere Seller goal received kmmvledge therm l In the ever, of any such delay, the date of delivery shoal be extended to, the period equal to the time nowedly lost by tannin ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be It, for foe purposes rounded, and perfomfed with ere highest degree of care and competence in accordance with accepted standards for work of a similar mnare. The Seller agrees of hold the purchaser hmmlecs fmm may loss, damage or as, which he Purchaser may suit or incur on account of line Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects on fcolts wiAng within one (1) year m within such longer period Of time as maybe prescribed by law or by the terms of any applicable warranty provided by the Seller after the date Of acceptance of the good famished hereunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective work done or materials famished by foe Seller. Acceptance or .e of goods by the Purchaser shall not conslim,e a waiver of any claim under this warranty. Except m otherwise provided in ais pumhsse order, the Shcm liability hereunder said extend m all damages pmximarely caused by the breach of my of ere foregoing wanranhrs or guammees, but such liability shall in no event include lass of profits or loss Muse. NO IMPLIED WARRANTY OR MERCHANTABILII OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES INLEGAL TERMS. Tx Purchaser may mike changes to legal isms by wnnm change ode,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally unlered in the specifications or drawings, by verbal or women change order. If any such change affects the amount due or the time of performed« hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all ponrons of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims fur anticipated petals on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that n0 such adjustment be made to favor of the Seller with respect to any goofs which art the Sellers standard stock. No such mrmire[ion shall relieve the purchases or foe Seller of any oftheir obligations as to any good delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thin, (30) days from the date the change or termimtion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants than all goods mid hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable law, and regulations m which the good are subject, The Seller shall execute and deliver such documents. may be required to effect or evidence compliance. All laws and regulations required to be ncorporated in agreemen , of this character we hereby incorporated herein by this vehemence. 'Me Seller agrees ro indemnify and hold thr, Purchaser harmless from all msu and damages mRered by ere Purchaser of a .Oil of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor wrrnen consent arIhf other parry. IRTITLE. The Seller wammts full, clear and uma,ricred title On the Pumhase, fan all equipment, eaatenols, and it. Roughed in Performance of this agreement free and clear of my and all Item, residcdom, resmalrons, timing interest encumbrances and claims ofothers. II.NONWAIVER. Failure of the Purchaser in insist upon stria performance of the terms and con itimm hereof, failure or delay to excurim my rights or remedies provided herein at by law, failure a promptly notify foe Seller in ere event of a branch, the acceptance of or payment for goods hereunder or approval ofae design, shall norreleae, the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stria performance hereof or my of its rights or remedies as In any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hamorm r, nor shall any pnnponed ore[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of foe terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in mind moramic practice, overcharges resulting from mtinum violatium are in fact home by the Purchaser. Theretofore, for good cause and as comidemlion for executing this purchase order, the Seller thereby assigns to the Purchaser any and all claims it may now have or hereafter acqed uirunder federal or scale am., laws for mob overcharges relaring to Be particular goad or services purchased or acquired by the Purchaser pars.., Ira this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goad by a date to be agreed upon by the Purchaser and the Seller, oral the Seller thereafte, indicates its inability o, unwillingness In comply, the Purchaser may cause the work to her performed by the mil expeditious moms available to it, and the Seller shall pay all costs ass«i mood with such work. The Seller shall release the Purchase and its contractors of any tier from all liability and claims of any nature resulting from the performance ofmch work. This release shall apply even in the event of fault of negligence of the Wmy released ark shall extend to lac direclars, s ficen and employ¢, ofsuoh Early. The Sellers communist obligations, including wouanry, shall not be doomed to be reduced, in any way, because such work is perforated or mused to be perforated by the Purchaser. 14. PATENTS. Whenever,be Seller is mc,ind m use any design, device, material or process covered by [file,, proem, trademark copyright, the Seller shall indemnify and sac harmless the Purchaser farm any and all claims for inGmgemenr Ins, reason of the .e of such patented design, device, material or process in connection with the common, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended me of the good, is in such suit held to camlilute infringement and line use of said equipment of pan is enjoined, the Seller shall, at its own expeme and at its option, either procure far the Purchaser the tight to continue using said equipment or parts, replace Be mine with substantially aryal but noainfdnging equipment, or modify it so it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become insolvent or banknow, make an assignment for the benefit of creditors, appoint a or crane, for any of the Sellers properly or business, this aide, may f.Mwrlh b< canceled by the Purchase without liability. 16. GOVERNING LAW. The defnitions of terms.ed or the interpretation Of the agreement and the rights of all parties hereunder shall be command under and govemed by ere laws of the State of Colorado, USA. The fallowing Additoml Conditions apply only in cousiff where ere Seller is in perform work M1ereundeq fcludingthe smite, o'Sellers R fammutive(s), on erepromisesofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is folly completed and accepted, and shall. in au of any accident, desuuaron or injury to the work mkbr materials before Sellers Cowl completion and acfepume, complete Be work at Sellers awn expense and to foe satisfaction of ere Purchaser. When materials and equspmml are fm6hed by arm. far installation or erection by the Seller, the Seller shall momis e, m trend, store and handle same at the site and become responsible therefor as Gough such materrah andfor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compesation, including occupational disease benefits, to rts employees employd on of in connotation with Use wank covered by ais purchase order, and/or to their dependents in accordance with the law, of the state in which the word: is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, con, redwil and immobile public liability insurance s with honly injury and death limits of at let S300,000 for any one person, S5Ug000 for any accidentm and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and announce. Before any of the Sellm or his mmrecm s employees shall do any work upon ere powers c f oaers, the Seller shall f ish the Purchaser win is mountains that such compensation and insurance have been provided. Such ceni0mte, shall specify the date when such compensation and insurance have been provided. Such cenifcates shall specify the date whom such compensation and insurance expires. The Seller agrees that such compenmtion and insurance shall be mnimained unlit after life entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibillry and liability for any end all damage, loss or injury of any kind or retort whoa exec to prommas or pmpeny caused by or resulting firm foe execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Po¢has— officers, agents and employees from and against any send all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property in which ere Purchaser may be For or subject by reason of any act, action, w,IR, , omission or default on ere put of in, Seller, my of his mntmnors, or my of ere Sellers or contractors oRcers, agents or employees. In ease my suit or other proreedings shall be brought against ere Purchaser, or its nuicers, agents or employees an my lime on account an by reason of my mt action, neglect, omission or default of the Seller of any of JOB contractors or my of its or their Officers, agents or employees as aforesaid, the Seller hereby agrees m resume the defense thereof and to defend the same at the Sellers owm expense, on Pay any and all costs, charges, afirms,,, fees and .,her expose,, any and all judgments that may has inured by or obtained against foe Purchom, or my of its or fe'u officers, agents or employees in such suits or other proceedings, am in case judgment or other lira be placed upon or obtained against the properly of the Pnrehsscr. an mid parties in or as a result of amh suits or other proceedings, ere Seller will at once cause the mme to be dissolved and dhcharged by giving bond or otherwise. The Seller and his commemrs shot[ take all safety precautions, famish and install all guard rearms, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Softy and Health Act of 1970 and al rules ark regulations issued pursuant thereto. Revised 0712014