HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9124622 (2)Fort Collins
Date: 08/06/2014
PURCHASE ORDER
PO Number Page
9124622 1012
This number must appear
on all invoices, packing
sli s and labels.
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: 08/24/2012
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
s N.College Rd. Impvmts Ph. III
1 LOT
EA
26,526.74
Change Order 2
6 N.College Rd. Impvmts Ph. III
1 LOT
EA
5,514.26
Change Order 2
'
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.wnn
Total
Pay terms net 30 days
Invoice Address:
1.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rder Terms and Conditions Page 2of2
1. COMMERCIALDETAILS.
Tax cxemplicaus. By stamle the City of Fon Collins usexempt from spite and treed uses. Our Exemption Number is
98-110502. Federal Excise Tax Exemption Conditions, of Registry 84-6000587 is registered with the Collision of
Inremal Revenue, Deaver, Colorado (Ref. Ci loado Revised Statutes 1973, Chapter 39-26, I IC (a).
Goods Rejected. GOODS REIECI'ED due to failure to meet specifications, either when shipped or due or date,. of
damage in transit, may be returned t0 you for credit and are not to be replaced except upon receipt of written
mstio,lions fmm the City of Fort Cull bra.
Inspection. GOODS are subject a the City of port Collins inspection as arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this Omer can result in
authorized Payment on the part of the City Of Fon Collins. However, it is on be understood that FINAL
ACCEPTANCE is dependentupon completion ofalI applicablerafte d inspection praedmax.
Freight Terns. Shipments most he FOB., City of Fort Call., ]oo Wood St. Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for picking will act h scrappiest.
Shipment Distance. Where manufacture have distributing points in cannot pans of the country, shipmnn is
expected from the nearest distribution Wins to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Pa.,,.. Seller shall procure as sellers sole cost all necessary permits, moiti,ates and licenses required by all
applicable laws, regulations, ordiwnces and piles ofthe sure, municipality, territory or political subdivision where
the work is performed, or required by any other duly cowrimred public authority having junsdiction aver the work
of vendor. Sella further agrees to hold the City of Fon Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or cotablisbd violation of any such laws, regulations, ordiwnces, rules
and requirements.
Authorization. All parties to this contract agree that the rtpresompo ves are, in fact bow fide aod possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchse Omer expressly limits acceptance to the to. and conditions sutd
herein tit fume and any supplementary or additional mans and conditions annexed harem or amorpommd herein by
reference. Any additional or different terms and conditions proposed by mile, ore objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately if you a .... t make complete shipment to arrive oa your
promised delivery data as noted. Time is rif the essence. Delivery and performance most be effected within the time
slated on the purchase ender and the documents attached harem. No aces of the Purchasers including, without
limiuion, acceptance of partial late deliveries, shall operate as is waiver of this provision. In the event of any delay.
the Purchaser shall have, is addition m other legal rvW equluhle remdin, the option of placing this order elsewhere
and holding the Seller liable for damages. I Iaxnco, the Sella shall not be liable for damages as is result of delays
due to causes not rmwvably fx.able which art beyond ex ..Me control and without is fault ofnegligeaac.
such acts ofGoE acts of civil or military outhomld. an command pnanties, fins, strikes, Rood, ariderries, wars or
riots provided that trance of the conditions cowing such delay is given to the Purchaser within Eve (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the prod equal to the time acmally lost by reason ofthe delay.
3. WARRANTY.
The Seller waments that all posts, articles, materials and work covered by this order will conform with applicable
drawings, spe6fia0om, samples aml., alher descriptions given, will be fil for the purposes intended, and
performed with the highest degree or can and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser hatmless from any loss, damage or expense which the
purchaser may rather or incur on account of the Sellers breach of oompnty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer pod of
time as may be prescnbd by law or by the terms ofany applicable warranty provided by the Seller armor the date of
acttptoxee of the good famished haemder (acceptance not Ira be ...My dclayd), resuftirtg from imperfect
or defective work done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not
cowtimte a waiver proxy claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall expend to all damages proximaely awed by the breach of any of the foregoing wmrrantid
or mamutem but such liability shall in no event include loss ofpmfis or loss of use NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
q. CHANGES IN LEGAL TERMS.
The Purchaser may make changes In legal terns by written change We,.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the toms, other Nan legal tams, including additions to or deletions from
the quantities origimlly ordered in the sped licatiaas or drawings, by verbal or wrinen chorus urdcr. If any such
change affects rise amount due or the time ofperfatmance hereunder, an equitable djwpmem shall be made.
6. TERMINATIONS.
The Purchaser may or any time by wring cMnge order, temmate this ugre mums as in any or all portionsof me
good then not shipped, subjem to any equitable ndjnstman per set, the panics as to any work or matmals then in
pmgrds provided char the Purchaser shall not Ise liable for any claims for anticipated profis on the uncompleted
Portion of the good mdlor work, for incidental or consequential damages, and that no such dfiro mend be made in
favor of the Seller with respect to any good which are rise Sellers standard stock No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for ndjwtment must be assayed within thirty (30) days from the data the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants But all gods sold hereunder shall have been produced, sold, delivered and fumishd in super
..,It ntt with all applicable law, and regulations to which the good are subject. The Seller shall am ate and
deliver such documents s may be required to effect or evidence compliance. All law, and a gulafiow required is be
incorporated in agreements of this character are hereby Incorporated herein by this reference. The Sella agree to
indemnify and hold the purchaser harmless from all eoss and damages suRerd by the Purchaser as a resift of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tmnsfev or canvey this omen or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE,
The Seller warrants full, dea, and unrestricted title or the Purchaser for all equipment, materials, and items famished
in performance of ,his mucamat, free and them of any and all lies, remdos, morvatiow, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchase o insist upon mict performance of the terms and conditions hemf, failure or delay to
exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of
breach, the aaceptmce are, payment for Soods hereunder or approval ofthe design, shall oar release the Sella of
any Of the wVrraaies or obligations of this purchase order and shall pot be deemed a waiver of any eight of the
purchaser to insist upon strict performance hereafor my of its rights or remedies w to any such goods, regardless
of when shipped, received or .,,pled, w to any prior or subsequent default hereunder, nor shall any pumnred
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in wlwl co c practice, overcharges resulting from act.,
violations are in fact home by the Purchaser. Theretoforefor ' good now send six combination for executing this
purchase order, the Sella hereby assigns to the Pamperer any and all claims it may now have or beoafter
acquired under federal or state antibast laws for such overcharges repair, to the Particular good or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser diners the Sella m correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller the sa0er indicates its inability or unwillingness to comply, the pumhaset
may cause the work to be performed by the most expeditious means avpilable 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 from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the Pars, released and shall expand on the
directors, appears and employees of soh party.
The Sellers approached obligations, including warranty, shall rant be demand to be reduced, in any way, because
such work it Performed or [posed to be formation by the Purchaser.
14. PATENTS.
Whenever the Seller is rmleired to tau any design, device, material or process covertrl by lone, parent, badernark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement
by masons of the sae of such named design, device, notarial or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any Pm thereof or the intended use of the good, is in such suit held to constitute infringement and the ate of
mid equipment or pan is enjoined, the Shcn shall, at is own expense and at its option, either procure fan the
Purchaser the right to continue wing said equipment in parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
IS. INSOLVENCY.
If the Se11er shall become iroalvem or Wnkmpl, make an assignment far the mi of creditors, appoint a
receiver or trustee for any of the Sellers property, or business, this order may forthwith b, canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofr,., used or the imerpremor m of the agreement and the rights of all parties hereunder shall be
amounted under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Representative(s), on the premises ofothars.
17. SELLERS RESPONSIBILITY.
The Seller shall mrry on said work at Seller's own risk until die same is fully completed and accepted, tend shall,
in case of my accident, destruction or injury to the work andor rwtenals before Sellers fail completion and
acc,., complete the work at Sellers awn expense and to the satisfaction of the N clea . Wheat quoun is
and equipment ere furnished by others for installation or ertction by the Sella, the Seller slmll rtceive, unload,
store and handle same at the site and become resurem ble therefor as Omagh such materals andlor equipment
were being famished by the Seller under the order.
it. INSURANCE.
The Seller shall, at his own expense, provide for the payment of ivarkers compensation, including occupational
disease reports, to its employees employed on or in connection with the work covered by his purchase aide,,
torpor to their dependent in accordance with the laws of the stale in which the work is to be done. The Seller
shall else carry comprehensive general liability including, but not limited to, contractual and automobile public
liability imurdnce with badily injury and death limits of in least $JOQWO for any one Amon, S50 ,000 for any
one accident and property damage limit per accident of S400,000. The Sella shall likewise require his
if any, to provide fan such compensation and improurace. Before any of the Sellers or his contractors
employees shall do my work upon the premises of others, the Seller shall fumuh the Purchaser with a cenifiate
that such compensation and in morce have been pmvided Such rerifintes shall specify no date when such
compensation and insurance have been provided. Such eemfiales shall specify the dote %hom such compensation
and insurance expires_ The Seller agrees that such oompcnsm en end insurance shall be mtirnamed. ,if aRa the
xmire work is .,[and and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes 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 orlhe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless 'he Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expanses, whether direct or indirect, and whether to persow or progeny to which the Purchaser may
M pm or mbjccl by easoa of any act, action, neglect, omission or default an the pan of the Salle, any of his
...proctors, or any of the Sellers or contractors oRcars, agents in employed. In case any suit Or other
proceedings shall be brought against the Product or its officers, agents or employees at any time on account or
by rtama of any act, action, neglect, omission or default of the Sella of my of his aompacup, or any oGits or
their -Ms., agents or employees as aforesaid, the Sella hereby agrees or assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all toss, charges, attorneys, fees and other estimates,
any and all judgments that may be incurred by or obtained against the Purchaser or any of is or the'ir officers,
agents or employees in such suits or other proceedings, and in case judgment or other lid he placed upon or
obtained against the property of the Purchaser, or mid parties in or as a result crouch suits or other proceedings,
the Seller will EI once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his cov.aoors shall take all safety precautions, human and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regain to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all me, and regulations issued pursuant donna,
Revised 072014