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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9143745PO PURCHASE ORDER 914374er Page City of PURCHASE 745 t of z Flirt Collins( n all i tuber mustpacking /^,',-_\V`, �.I 1'�7 on all invoices, packing �slips and labels. Date: 07/02/2014 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: 07/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Drake/Shields Intersection Imp 1 LOT LS 146,966.00 PER TERMS AND CONDITIONS OF BID 7620 AND AGREEMENT DATED 7-1-14 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@fogov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teffns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By atamte the City of Fort Collins 4 exempt firm stataland local taxes. Our Exemption Number u 9"502. Federal Excise Tax Exemption Certificate of Registry IN-6000581 k registered wiN the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamrcs 1973. Chapter 39-26,114 Rd' Goods Rejecard. GOODS REIECTED due a failure m meet specifications, either when shipped or due to defects of damage in bawik may he calmed to You for credit and are net to be replaced atcepl upon receipt of veman instructions from the City of Fort Collins. bespectian GOODS are subject to to City effort Collins hrxpection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment to response to this older can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dapendent.pass completion ofall applicable required impoefion pmeedurs. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 100 Woad St., Fen Collins, CO $0522, unless otherwise specified on this older. lfpermission is given to prepay Freight and charge separately, Me original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is expected from the natcst distribution point to destination, and excess freight will be deductW from Invoice who shipments we made from greater distance. Permits. Seller shall immure at sellen sole cast all neecs.ry permits, cedifote and license. required by all applicable laws, regulations, on inane and rates of the sate, municipality, territory, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collie ham0ess flow .,,it against all liability and Inns incurred by them by reason of an warned or established violation of any such laws, regulations, ordinance, rules andrequiremen.. Authorization. All parties to this centred agree that the representative are, in feel, Was fide and posse. full end complete authority m bind said parties. LIMITATION OF TERMS. This Furthase Older expressly limits acceptance to me rem. and conditions stated herein set forth and any opplenumary, or additional tamis and conditions mnexed hereto or incaryormcd herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete sbipmem to curve on your promised delivery date as noted. Time is of the more. Delivery and perfomamc most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Porcboser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall rat be liable for damage a a recall of delays due to awes not reasonably foreseeable which ate beyond its reasonable control and without its fault ofnegligon, such acts of God, acts of civil m military authmitio, governmental prionties, fires, strikes, flood, epidemics, warrior riots provided that notice of the conditions cawing such delay is given to Me Pmchnser within five (5) days of Ne time when Me Seller first received knowledge thereof In the Bunt alloy such delay, the date of delivery shall be extended for the period equal to the time actually Imt by reason of the delay. 3. WARRANTY. The Seller warano shot all goads, article, materials and work cleared by this older will coMorm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposek intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mrua. The Seller agreex to hold dre purchaser hamlet flow my I., damage or expowse which she Purchaser may au@r or inew on account of the Sellers breach ofwamnry. The Seller shall replete, repair w make good, without cost to Ore perennial, any defects or faults arising within one (I) year or within such longer period of Mae as may be prtscnbd by law or by the term ofmy applicable warranty provided by the Seller a0at the date of acceptance of the goads finished hereunder (rceptmce not to be wommo ably delayed), mulling from imperfect or debdive work done or materials fmished by Me Seller. Acceptance or use of goods by the Purchaser shall not ansfiNte a waiver of any claim under this wamnry. Except se otherwise provided in this purchase aide, the Sellers liability haamdes shall extend to all damages pmximakly caused by the breach of any of the fartgoing warranties or assurance, but such liability shall in no event include loss ofpmGa or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may rake changes to legal ems by w 6ften change order 5. CHANGES W COMMERCIAL TERMS. The Purchaser may, make any changes to the term, oLee, than legal tams, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects cts the amount due ofhe time ofrc parformae hereunder, an equitable w1jwn tmeshall be made. 6. TERMINATIONS, Tlse Purchaser may a1 any time by written change ortlm terminate this agreement as 1. any or ell portions of the Rawls then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Frogmen provided that the Purchaser shall not be liable far any claims for anticipated petits oa the uncompinted portion of the goods andlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller wit respect to my goods which are the Sellers standard stock. No such termination shall relieve Me Pumbaser or the Seiler of any oftheir obligations as to any gouda delivered hereunder. 1. CLAIMS FOR ADIUSTMENT. Any claim for adjustment most be asserted within Miry (30) days flow the date the change or lamination u cad-m. S. COMPLIANCE WITH LAW. no Seller warrants that all gaads sold hereuda shall have been prduced, sold, delivered and fumishad in strict compliance with all applicable caws and regulations to which the goads are subject The Seller shall execube and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorpoated in agaemnts of this character roe hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaer hamless from all cots and damages col[ d 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 polar, or my monies due or to became due hereunder without the Prior written cement of -the other party. I0. T TLE. The Seller an fall, clam it meted lick on the Purchaser for all equipment, materials, and it. fi ished in performance of this agreement, Gee and clear of my and all liens, restrictions, reservations, security interest enci mbrawas and claims of.tlscu II. NONWAIVER. Failum of the Purchases he insist upon strict performance of the terms and codifons hereof, failure or delay to werein any sighu or cordial provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe deign, shall not release ba Seller of my of the w..I. or obligatiow of Nis purchase We, ad shall oat be domed a waiver of any sight of the purchaser to insist upon strict perrrmance heeafw my of its rgha. remedies as to any such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p domed oat madi(ration or rescission of Nis purchase *Met by the Purchaser opeate in a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser mangnbe that in actual economic practice, overcharge resulting fmm molest violatiam eft in fact home by the Purchaser. Tharcmfors,tfar tgod ante and as cownhowm for excmfing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter asquird under federal or stale antitrust laws for such overcharge relating to the particular goods or service purchased or acquird by she Purchaser pursmnt to this Purchase We, 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifshe Purchaser diacta the Seller to correct nanconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thaezRer indicates its inability or mwillingnw to amply, tha Purchaser may cause the work to be performed by the most expeditiam means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claim of any nature exulting from Ore porformmer ofuch work. This mime shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Sellers commercial obligations, including womanly, shall not be deemed to be redood, in any way, because such work is perfumed or mood to be performed by the Purcbose. 14. PATENTS. Whenever the Sella is required fuse any deign, device, material or process covered by letter, Patent, trademark or copyright, the Seller shall indemnify and.ve harmless the Purchaser from any and all claims for infnvgammat by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchases for any cost, expense or damage which it may be obliged to pay by reason ofsuch infnngemem at any time during the prosecution or refer the completion of the work. In case said equipment. at any pan thereof or Ore intended me of the gods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or mdify it r it becomes noninfringivg. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a recover or trustee for any of the Sellers property or business, this alder may foMwish he canceled by the Purchuerwithout liability. 16. GOVERNING LAW. The definitions of terra used or Me intmpommun ofthe agreement and be rights ofall parties hereunder shall be rnmued under and governed by the laws offm State of Colomdo, USA. The following Additional Conditions apply omy in cases whore the Seller is to perform work hereunder, including the service of Sellers Repmernative(s), on the premiss ofothro. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work 9 Sellers own risk until the same is fully complete end accepted, and shall, in case of any accident, detrucfion or injury to the work an&or interne. before Sellers final completion and acceptance, complete the work at Sellers own axpear and to the satisfaction of $e Purchase, When materials and equipment art fumishd by orhars for installation or election by the Sella, Ore Seller shall receive, wload, store ad handle .me at the site and become rtspamble dterefor a though such materials andior equipment were being fiunished by the Seller under the order. Ia. INSURANCE The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Me work covered by this purchase older, similar to their dependents in accordance with the laws of she state in which the work is to ha cane. The Seller shall also cany comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S30TWO for any one person, S50,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his motactors, if any, to provide for such compensmim and insolence. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaer with a certificate that such compensation and insurance have been provided. Such cenifiates shall specify the data when such eompewation and insurance have been provided. Such oriffe as shall specify the tlme when such compensation and malwarce expire. The Seller agree that such campeuation ad insurance shall be maintained until after Me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes Me erfie responsibility and liability for my and all damage, Ion or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Sella, will indemnify and held hamlet the Purchaser and any or all of the Forebears aMean, agents and employees flow and against any reed all claims, Ique, damage, charge or expenses, whether direct or indirect, and whether to Persons or property m which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Salk,, any of his contractors, or my of the Sellers or contactors officals, agents or employees. to case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any fire on account or by rearm of any act whom, neglect, omission or default of the Seller of any of his conm urns or any of its or their officers, agents or employees u aforesaid, the Seller hereby agrees to mume Me defewe thereof and to deknd the same at the Sellers own expense, to pay my and all cub, charge, atmmeys fees and other expewes, 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 case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said penis in or as a mull of such suits or other proceedings, flue Seller will at once awe the sense m be dissolved and discharged by giving band or Minimize. The Sells will his contractors shall take all safety precautions, Boorish and imall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wifom limiaton, the Occupational Safety and Hslth Act of 1970 and all roles and regulations, issued pursuant thereto. Revised 03nOlG