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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9144976PURCHASE ORDER PO Number Page City of PURCHASE 944976 1of2 ' `t Collins( V This number must appear on all invoices, packing sli s and labels. Date: 08/28/2014 Vendor: 330179 INTERWEST CONSULTING GROUP PO BOX 18330 BOULDER CO 80308 Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 08/28/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Civil Design Services for Poudre River Trail to 1-25 Civil design services for Poudre River Trail to 1-25 per work order signed 8/14/14 and project description and scope of services dated 8/14/14. 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 1 LOT LS 37,500.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO $0522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. Hy statute the City of Fan Collins is exempt from slate and local axes. Our Exemption Number is I L NONWAI VER. 98-04502. Federal Excise Tax Exemption Centrists of Registry 84fi0DO689 is registered with the Collector of Failure of the Purchaser to insist upon said performance of me terms and conditions hereof, failure or delay to Internal Revenue, Denser, Colorado (Ref. Colorado Revlxd Semmes. 1973, Chapter 39 26,114 (a). exercise any rights or but provided herein or by law, failure to primarily notify the Sella in the event of a breacb, the acceptance ofm payment for good hereunder or it"mal of the design, shall m1 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 waleitlim, or obligatioas of this purchase order and shall rat, be deemed a waiver of any right of the damage in mansit, maybe mnuned to you far credit and me nor to be replaced except upon receipt of uro m Inuchanr to insist upon stria pert antt hereof or any of its rights or r,,nedies m to any such good, regardless inswcban s from the City of Fan Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder. nor shall any pinioned am] modification or rescission of this puchase order by the Purchaser operate m a waiver of any of the terms Inspection, GOODS are subject to the City of For Collins inspection on act hereof. Fiml Ame mane. Receipt of he merchandise. s,Mres or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, enthorrzed payment on the pan of the Ciry of ranC011lm. However, it is to be undersiomd that FINAL Seller and the Purchaser recognize that in actual eca fc praes ctice, ovibilerile, resulting from antitrust ACCEPTANCE is dependent upon completion of all applicag ble rinal inspection pracedures. violations art in faze home by the Pumhaam. Thercmfo¢nfotr good cause and as comidemfim fat exemting this lambaste order, me Seller hereby resign, as the Pmcbect any and all claims it may new have or hereafter Freight Terms. Shipments most be F.O.D.. City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless otherwise specified on this order. If permission is given to Repay freight and charge separately, the original freight hit most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in varmars, .as of the country, shipment is expected from the nearesr distribution paint to disbarment, and excess freight will be deducted from Invoice when shipment are made from greater distance. acquired under federal or state antitrust less for such ovemhangm relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direre, the Seller on correct nonconforming or defective good by a date to be agreed upon by me Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the walk to be performed by the most expedition meant available m it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole trust all ncomsary pent certificates and licenses acquired by all applicable laws, regulations, ordinances and rules of the state, municipality, terrhory ar political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Set let further agrees to hold the City of Fort Collins hamdess from and against all liability and loss anun boxi by then, by rewcof an reamed torestablished violation of any such laws, regulations, ordinances, rules requirements. Authorimtion. All ponies to this contract agree that the repressaurves arc. in fact, Mma fide and possess fun and complete authority m bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits mceoot to the terms and examinations smmd himin set forth and any supplementary or additional terms and conditions annexed he sm or incorporated herein by refrence. Any additional or different limns and conditions proposed by seller are objected ro and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery it peifirs rice most be effected within he time sated on the purchase order and the dauments attached herem. No twos of the Purchasers including, without Limitation, acceptance of partial lam deliveries, shall operant as a waiver afthis prevision. In me evem binary delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option affirming this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fat damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, arts ofciG] o, military nmhor ices, gmscomis tal Emotions, fires, alikes, flood, epidemics, wars or rib¢ provided that notice of me conditions causing such delay is given ho the Purchaser within five (5) days of me time vvhm the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for list periol qua] as me time actudly for by ecawa of the delay. 3. WARRANTY. Fire Seller warrants that all goods, articles, materials and work covered by this order will cunforro with applicable drawings, specification, samples and/or other town,b ns given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar ruturc. The Seller agrees to hold the purchaser material; from any loss, damage or expense which the Purehasr may suRer or incur on account of the Sellers breach of warranty. The Seller mid] replace, repair or make good, without cost a the purchaser. any defects or faults arising within one (1) year or within such longer period of time az may be presented by law or by the mom of my applicable warranty provided by the Seller after the date of acceptance of the good frm¢hed hereunder (acceptance not to be unreasonably delayed), resulting farm imperf t or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise pmvideJ in this purehau offer, the Sellers limilay hereunder shall extend to all damages proximately caused by the breach of any of the foregoing worrunties or guarantees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITi OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by within change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the mount offer than legal moms, including additions to or deletions from the quantities originally ordered in the specifications or donamp, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, An quotable adjustment shall be mods. 6. TERMINATIONS. The Purchase, may at any time by wriam change maker. terminate this agreement as eo any or till poniom of the good men no, shipped, subject,. any equitable adjustment between me ponies as to any work or materials men in progress provided that the Purchnser shall not be liable for any claims for anticipated profits on the uncompleted portion of me goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goofs which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim far mJ1wa t most be atoned within miry (30) days from me clue the change tar termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warants that s11 goads sold hereunder shall have been produced, sold, delivered aad famishal in iffe, compliance with all applicable laws and regulations on which the good art subject. The Seller shall exec,,, and deliver such documents as maybe required ro effect or evidence compeence. All laws and regulations required ro he incorporated in agreements of this character are hereby incomomte l berew by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Item all cases and damages suffered by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall cosign, bomfer, or convey this order, or any monies due or to become due hereunder without he prior wrinm cement ofthe offer party. 10. TITLE. The Sella warrants full, clear and unrestricted tide ra me purchaser for all quipmmL nuteoaLs, and it. famished in perform tt of this agreemmr, face and clear of any and all liens, amactio e, resmarions, scvuriry interest encumbrances and claims of ohers. The Seller shall release the Purchaser and its contmeors of any tier tram 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 party rdeased and shall extend In the directors, officers and employees ofsuch may, The Setters contaxecom obligations, including warrony, shaft not be dermal to be reduced, in any way, because such work is performed or mused to lase performed by me Perchance. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, ,he Selo, shall indemnify, and save hamdess 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 me contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by remun of such infringement at any time during the prosmution or all,, the completion of the work. In eau said equipment. or any part mertof or the ince,ded use of the good, is in such suit held to constitute infringement and the late of said equipment or pan is enjoined, the Seller shall, in its own expense and at its option, either precme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing quipmmt, or modify it so it becomes anninfonging. 15. INSOLVENCY. If me Seller shall became insolvent or bac,kmp4 make an assignment for the benefit of creditars, appoint a receive, or m tslee an far y of the Sellers property, or bosM inecs, this aide, may fowith be canceled by me Purehmn without liability. 16. GOVERNING LAW. The definitions of mans used or the in iffic bion of the agreement and the rights of all ponies hereunder shall be consented under and govemed by the laws afore State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of5ell,,e Represenmive(s), on the premises broilers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully compleed and accepted, and shall, in u of any accident, destruction or injury to the work antler materials before Series final completion and acceptance, complete the work at Settees awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for imtallalion or erection by me Seller, the Seller shall receive, unload, shore and handle same at me site and became responsible therefor m though such materials and/or equipment were being Sumished by the Seller under the order. 18. INSURANCE. The Seller shall, or his own expense, provide for the payment of wvrkas compensation, including occupational dismu benefits, to its employees employed on of in connection with me work covered by this purchase it at a their dependents is accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehemive gcomal liability including, but not limited m, commercial and automobile public liability imurvnce with badily injury and deam limits of err legtl $300.000 for any one person, $50 t far any e accident and property damage limit Per accident of S400,000. The Seller shall likewue require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Pardoner with a cerdficate that such compensation and imurvnce have been provided. Such certificates am][ specify the date when such compensation and insurance have been provided Such certificates shall specify the dam when such cmmpcmation and insurance expires. The Seller agrees mat such conmensation and insurance shall be maintained until offer he entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asecout he retire responsibility aM fictuiry far any and all damage, loss or injury ofray kind or mture whatsoever ro persons or property extend by in resulting from the execration of me work provided for in Nis ptuchmc order or in wnnection herewith. The Seller will indemnify and hold barmleas me Purchases end any or all of the Purchasers uDicas, agents and employees from and against any end all claims, lasses, damages, charges or expanses, whether direct or indirect, and whether to persons or progeny to which the Purchaser nay be put ar subject by reason of any act, action, neglect, omission or default oa ,he part of the Seller, any of his contractor, or any of the Sellers or contractors officers, agents or employees. In can any suit or other proceedings shall be I might against the Purchaser, or its officers, agents or employees at any time on account or by aeamn of any act, action, neglect, omission or default of the Seller of eery of his contractors or any of its or their officers, agents or employees as a( said, the Sella hereby agrees to assume me defense thereof and m defend the most at the Sellers own expense, an Pay any and all costs, chmgm, mameys fees and Omer expenses, any and all judgments mat maybe incurred by or obtained against the Pumhaaer in 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 he property, of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gmrds necessary for the prevention of accidents, comply wins all laws and regulations with regard to safe, including, but without limitation, the Occupations] Safety and Health Act of 1970 and all rules and regulation issued pursuant therism Revised 07/f014