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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9132530PO PURCHASE ORDER 913253 Number Page Cliy, of PURCHASE 9132530 1of2 `t Chis number must appear ` Collins1 1�7 on all invoices, packing �slips and labels. Date: 08/06/2014 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: 05/17/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 N.College-Rear Access Rd. Change Order 1 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 EA 4,480.00 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 For Collins is exempt tram state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cerifcare of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms oh, conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Saudis 1923, Charter 39-26, 114 (a). exercise arty rights in remedies 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 design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase Omer and shall not he damed a waiver of any right of the damage in transit, may be retumed hen you for credit and are not an be repluced except upon receipt of written Purchaser to insist man strict perform nee hereof or any of its rights or reraedies as to any such goods, regnMess Pi... from the City of For Collins. of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tears Inspection GOODS are subject to the City of Fan Collins inspection on arrival. ha af. Final Acceptance. Receipt of the merchandise, services or equipment in reswns, to this order can wall in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment or the put of the City of Fan Collins. However, it is to be understood that, FINAL Seller and the Purchaser recognize that in actuel economicus practice. werchargn resulting from antitrust arc ACCEPTANCE is dependent upon completion oral[ applicable requited inspection procedures. violations re in rut home by the Puhesa. Thereaforefogood wnse and as consideration for executing this purchase will the Seller hereby ex sigm in the purchase, any and all claims it nay now have or intends, Freight Terms. Shipments most be F.OB.. Ciry of Pon Collins, 700 Wood ST. Fort Collins, CO 80522, unless otherwise spalfied on this order. If permission is given to prepay fteaght end charge wiversely, fhe original tough, bill most accompany favor,. Additional charges for packing will eta be accepted. Shipment Distance. Where manuf,urets have distributing points in various pans of the country, shipment is expected from the nenrest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from grater distance, Permits. Seller shall procure at sellers sole cast all necessary permits, ratilienes and licenses required by all applicable laws, regulations, ordinances and wiles of ere state, municipality, territory or political suiadmennn where the work is imported, ed, or required by any other duly conoimled public authority bmingjurisdiction over the work of Order. Seller further agrees to hold the City of Fort Collins, harmless from and appear all liability and loss incurred by them by reason Afar asserted an nmblubed violation crony such laws, regulations ordinances, roles and rommu m, Authorization. NI parries to this contract agree that the representatives me, in fact, how fide and possaw full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terms and conditions stated herein re, fnnh and any supplamintry ter additional tams and conditions annexed hereto or incorporated herein by refacna. Any additional or different teens trod conditions proposed by sell¢ are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hearst cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essenre. Delivery and performance most be of octal within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptant, of patio[ late delicame, shall Ware m as a waiver of this Ismwent, In she event ofany delay, the Puchaser shall have, in addition,. other legal and equitable families, the option of placing this order elsewhere mid holding the Seller liable for damages However, she Sella shall not be liable for damages as n mull of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without is far[, of negligence, such us of God, aces arrival or military authorities, governmental priorities, fires, strikes, Broad, epidemics, wars or riots provided deal notice of the conditions causing such delay is given to the Perform, within fire (5) days of the time when the Seller first received knowledge thereof, In the event of very such delay, the date Of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all Bowls, unieles, materials and work covered by this order will conform with applicable drawings, specifications, samples corker other descriptions given, will be fit for the proposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar more. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Puchaser may suffer or incur on account of the Sellers breach of w.y. The Seiler shall rxdwx, repair a rruke good, without cost o the parlawar, any defss or furls arising within one (1) year or within such longer period of rime us may be prescribed by law or by the toms of my applicable warranty provided by the Seller after the date of acceptance of the goods fumished hereunder (acceptance not to be t worest ably delayed), resulting from forearm, or defective weak done or materials burnished by the Seller. Acceptance or use of goods by the Push ow shall no, constitute a waiver of any claim under this warmmy. Eer,, as otherwise provided in this purchase omen, the Sellers liability hereunder shall extend to Al damages proximately caused by the breach of any office foregoing warranties Or guarantees, but such liability shall in no event include loss ofpralits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal ifins by canner don, Omer. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal tans, including additions to or deletions from fire quantities originally omertd in the specifications or drawings, by verbal or wrown change order. If any such change alters the amount due Or the time of performance hereunder, an equitable abijusament shall be made. 6. TERMINATIONS. no Purchaser may of any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials than in progress provided that the Purchaser shall no, be [,able for any claims for -initiated profits an the uncomplIed portion order goods motor work, for incidental or came undial damages, and that no such adjustment be made in face, of the Seller win w,,al 1. any grads which ate fhe Sellers standard stock. No such termination shall relieve the Purchaser or the Seller Of any of their obligations as m any goods delivered heowder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is c dcred. S. COMPLIANCE WITH LAW. The Sella wanar s not all goods sold hereunder shall have been produced, sold, delivered and fumished in strict ompliance with all applicable laws and regulations to which ere goods are subject. The Sella shall execute and deliver such decumans a may be required to off,,, Or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the Perch a er harmless from all costs and damages suftem d by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, anmtor, or convey this order, or eery monies due or to became due hereunder without the prior wrinen consent ofthe other parry. I O. TITLE. The Seller warrens full, clan and unrestricted title to the Pmchuer for all egmipmmt, materials, and items famished n performance of this agreement, free and clear of any and all liens. metrimlims, m ourpoofs, security interest encumbrances and claims of when. acquired under federal or state antitrust laws for such overcharges relating in the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser dircos the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser vnd the Seller, and the Seller therenher indicates its inability or unwillingness to comply, the Purchaser any muse the work In be perl'omud by the most apedilimas means available to it, and the Seller shall pay all costs associated with such work. The Seller shall micas, the Purchaser and its confmaors of any tier from all liability and claims of my nature resulting tram the Performance ofsuch work. This release shall apply even in the event of fuel, of negligence of the party, reltasal Md stall extend to ,he directors, officers and employees ofsuch party. The Sellers coatmdual obligations, including wmaanty, shall not be deemed to be reduced, in any way, because such work is ph, rmed or carried to be performed by the Puchser. 14. PATENTS. Whenever the Seller is required to use any design, device, comrial or process covered by [error, patent, trdowel, or copyright, the Sell, slml I indemnify and save haaanless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnity the Purchow for any cwt, areas, or damage which it may be obliged to coy by mason ofsuch Infringement at any time during the prosecution or after the completion of she work. In case said equipment, or any part thereof in the intended use of the goods, as in such suit held to constitute infringement and the use of said equipmrnt M pan is enjoined, the Seller shall, al its own expose and at its op[iom either procure for the Purchaser ,he eight to continue using said equipment or From, replace the same with substantially equal but noninfringing equipment, M,edify it or a, becomes noninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or beN:mpt, make an assignment for fire hmefil of creditors, appoint a or mint, for any of the Sellers pry of reparbusiness, this aide, may fromada be canceled by the PurchaserPuthaser without liability. 16. GOVERNING LAW. The definitions of teems used or the interpretation oftbe agreement and the rights of all parties hereunder shall be combined under and governed by the taws of the State ofColomdo, USA. The following Additional Conditions apply only in cases whom the Sella is in perform work hereunder. including the services orSellers Rowesentative(s), on the premises cranium 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sollars own risk until the same is fully completed and accepted, and shall, in m of any accident, destradion or injury to the work andhor materials before Sellubs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the purchaser. When materials and eqmarown are furnished by ,hers for installation 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 Seller shall, at his Own expense, provide for the payment of workers compensation, including acuwtional disease benefits, to is employees employed on or in connection with the work covered by this purchase order, andtor to their dependents in accordance with the laws of 6e state in which she work is to to done. The Seller shall also carry comprehensive general liability including, but Mi limited to, cons i and automobile public liability iecomavice with badly injury and death lindn of at least S30o,000 for any ove person, SSW. 'U for any one accident and property damage limit Per accident of 54OR000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Befre eery of ere Sellers or his contractors employes shall do any work upon the premises of others, the Sella shall fumish the Purchaer with a certificate ,hat such compensation and insurance have been provided. Such certificates shall specify the date when such ,empire mtaon and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. 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 as es the entice reswnsibiliry and liability for any and all damage, loss or injury ofany kind or name whomever to persons or publicity caused by or resulting from the execution of ere work provided for in this purchase order or in connection herewin. The Sella will indemnify and hold hamless the Purchaser and any or all of the Purchasers olBcen, agents and employees from and again, eery and all claims, losses, damages, charges me expenses, whether dine, or indirect, and whether to perm, M property to which the Purchow, may be put a subject by reason of any act, action, neglect, omission or default on the part of the Sella, any of his contractors, or arty of the Sellers or contractors officers, agents or employees. In case any suit m other praeedams shall be brought against the purchaser, or its officers, agents or employees at any time on weapon or by ratan of any act, eoften, neglect, omission or default of the Seller of any of his contractors or any of its or their off... ages or employees m aforawd, 6e Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, mmmeys fees and other expanses, any and all Judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents a employees in such mis or offer proceedings, and in cam judgment or other lam be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at mee cause ere same to be dissoh d aced disclarged by Saving hoed m otherwise. The Seiler and his contractors shall take all safety precautions, fumish and install all goods mrusary for the prevention of accidents, amply win all laws and regulations wish regain to safety including, but without limitation. 6e Occupational Safety and Health Act of 1920 ram all rates and regulations issued pursuant therein. Revised 02Q014