Loading...
HomeMy WebLinkAbout532500 TOOLE DESIGN GROUP LLC - PURCHASE ORDER - 9144989PO PURCHASE ORDER 914498er Page City/ of PURCHASE 9144989 t of 2 ' `t( OI I Ins This number must appear v {,` 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: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 08/28/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Design signal improvements Lake and Pitkin MAX route PER WORK ORDER DATED 8-1-2014 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 LS 21,000.00 Total 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. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fan Collins is exempt f stare and local taxes. Our Exemption Numbs is 11. NONWANER. 98-04501. Federal Excite Tax Exemption Cenificme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performarce of the teems and conditions besrof. fa'lare or delay On Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26,114 (a). exercise any rights or manages provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance orm payment for goods hereunder or approval of the design, shall not Oriente the Seller of Goods Rejec rd, GOODS REJECTED due to failure 10 meet specifications, either when shipped Or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and are not to he replaced except upon receipt of carmen purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such goods, regardless insWetions fiom the City of Fort Collin, of when shipped, received or acaptcd, as to any prior or subsequent &fault hereunder, nor stall any purponed oal modifcatinn Or rescission of this purchase order by the Purchases open¢ as a waiver of any of the terms Inspection GOODS are subject to the City of Fort Collin impation on anchor. hereof. Final Acceptance. Receipt of the merchandise, servicesr equipment in response to to this order an result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. submitted payment era the pan of the City of FaCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic actice, o ercharges resulting form eminent ACCEPTANCE is dependent upon completion of all applicable yrred procedures. violations are fact berme by the Purchaser. Theretufort, far good ante and as mmidem m. for executing this an purchvse order, the Sella hereby assign to the purchaser any and all clams it may may have or hammer Freight Tent¢. Shipments most W F.O.R. City of Fort Collins, 7W Wood St., Fan Collins, CO 80533, unless criminal under federal or state a tivust laws for such overcharges mating to We panicuht goods or services orhawiu specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursuant to this pumbeem order. bit must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Wbere manufacturers have distributing points m various pans of the country, shipment is expected tram the neatct distribution paint an detrimtion, and excess freight will be deducted from Invoice when shipments eve made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sate, municipality, territory or political subdivision where the work is performed, or recruiter by any other duly constituted public authority laving junsdiction over the work of vendor. Sella further agrees on had Je City of Fan Collin round. from and again, all liability it loss incurred by them by meman of an acser eel m established violation of any such laws, regulation, mdimanec, rates and requirements. Authorization. All panics to this contract agree that the reirresentalivea it, in fuel, bona fide and pusses full and complete authority 1. bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions slated herein act fond and any supplementary or additional terms and condition annexed harem in imorponted herein by reference. Any additional or diffemat term and conditions proposed by seller ere objected to and hereby rejected. ]. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perf once most M effected within the time sound on the purchase order and the documents attached hereto. No acts of the PareM1nters including, without limitation, acceptance of radial late delivaic, shall create as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. Iloweva, the Salle, shall not be liable for damages as a result of delays due 10 tames not mrsombly foreseeable which are beyond its reasonable control and withot it foul, of negligence, such erns of God, acts ofcivil or military mahma ies, gmvemmenal priorities, fires, strikes, flood, epidemics, was or nors provided Wert notice of rate conditions coming such delay is given to ere Purchaser within five (5) days or me time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the penad.gral to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Jost all goof, articles, materials end work covered by this order will conf with applicable drawings, specification. samples amVor other descriptions given, will be fit far the pmpsc mounded, and perfomtad with the highest degree of care and compmerme in accordance with accepted standards for work of a similar nature. The Sella agree to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffix or imar era account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without east 10 the porchaser, any defects or faults arising within one (1) year or within such longer period of time as may & preambed by law or by the terms army applicable warranty, punt idM by the Sella after the date of mcepomue of the goad famished hereunder (acceptance nor to & umetooably delayed), resulting tram imperf er or iterative work done or materials famished by the Seller. Accepraree or sex of goods by rate Purchaser shot] not constitute a waiver of any claim miler this warranty. Except as mhawise provided in this purchase oMe,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach Of any of the foregoing warranties or guarantees, but .on liability shall in no event include lass of profits or loss of new. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaer may make changes to legal tents by yo non change order S. CHANGES IN COMMERCIAL TERMS. The Purchasran may make y changes to the terms, other thin legal rents, including additions to or dcletiom from the quantities originally ordered in ❑e specification or drawings, by yr tiol or writem change order. If any such change aliens mim ens me amount due or the e of i errormmce hereunsoder, equitable a hisma nt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of oche goods then not shipped, subject 10 any equitable adjustment baween he parties as to any work or reatcnnls that in progress provided real the Purchaer shall not IN liable for any claims for anticipated profits an the uncompleted Portion of the goods savor work, for incidental or ameyucntial damages, and that rw such adjusmm at be made in favor of the Seller with mapar m any good which me the Sellers standard stock. No such demtinatiou shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim fin adjustment most nd asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria ompliance with all applicable laws and regulation to which the gook are subject. The Sella shall recruit and deliver such domm ens as may be raluired to effect or evidence compliance. All laws and regulations requital in be morponted in agreements of this cbvncdes m, hereby imoryoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser htmlcss Bom all cosy and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall reassign, tremfer, or convey this order, Or any monies than or to became due Ieeunder without fe prior word conerrt of the order parry. 10. TITLE, The Seller w.,a full, clear and unrestricted tide to the Purchaser for all equipment, materials, and thou furnished in performance of this agreement, free and clear of my and all liens, restrictions, macrwtios, security interest encumbrances and dome. ormhas. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Porchmer directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller Wehafter indicates its inability or amvilimpro ss to comply, rise Proxima, may cause the work to be performed by the coast expeditious meant available to it, and the Sella shall Ray all costs associated with such work. The Sella shall release the Purchmer and its comradors of any tier from all liability and claims of any nature resulting tram the performance ofsoch work. This releme shall apply event in the event of fault of negligence of the party relented and shall extend to the directors, athcas and employees of such party. The Seller's contmetual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfna eat or coursed to he performed by the Purchaser. 14, PATENTS. Whenever the Seller is required 0 use any design, device, mmenal or Process covered by letter, parent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expersu or damage which it may be obliged to pay by reason Of such infringement t any time during the prosecution or after the completion of the work. In case said equipment, or any pan thermf or ere Intended use of the goods, Is In such suit held to counimte, Infringement and ere use of said aguipment at pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchmer the right to continue wing said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt make m assignment for We benefit of creditors, appoint a receiver or trustee for any of the Sellers property or bminess, this order may forthwith So another by the Purchmer wifou, liability. 16. GOVERNING LAW. The definumans of emss used or the interpretation ofthc agreement and the rights of all panic hereunder shall be omtruadunder and govemed by the 9ws of the Sore ofColomda, USA. The following Additional Conditions apply only in cases where rate Sella is to perform work hereunder. including the servim of Selles Repr<xno,ive(s), an the premises Ofafers. 17. SELLERS RESPONSIBILITY. The Seller shall may on said work at Seller's own disk until We norm is fully onexamed and a cerpr d, and shall, in arse of any accident, destruction or injury to the work andm materials before Seller's final completion and acceptance, complete the work at Sellers own apeme and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installaam. or erection by the Sella, the Set],, shall receive, unload, store and handle same at the site and become importable therefor as though such materials mdor equipment wait being fumishm by the Sena under the order. 18. INSURANCE. The Seller shall, at his awn expeme, provide for the payment of workers compeasation, including occupational disease benefits, to its employees employed on or in connection with rate work covered by this purchase order, storm to their dependems in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability includin& bur cam limited m, commensal and automobile public liability insurance with bodily injury and desN limits near least S300,000 for my one person, 3500," for any one accident and property damage limit per accident of S400,000. The Sella shall bhewise require his contractors, if any, to provide for such compereation and imarroarrace. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificate that such compensation and insurance have been provided. Such ratifcates shall specify the date when such compensation and ee imuance have ban provided. Such cenifiretes shall spai"a, date when such compensation nd inswant, rNams. The Senor agres that such compensation and imuance shalt & maimm used until ma the entire wink is completed and acceptedd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any end all damage, lass err injury of any kind r mature wharsceva to persons or property caused by or resulting from rate execution of fe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all Of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which the purchaser may be put or subject by memo of any an, action, neglect, omission or default on the pan of the Seller, any of M1¢ commetors, or any or the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought againsrthe Purchases, or its oficers, agents or employees t any time on account or by reason of any act, notion, neglect, omission or default of the Sella army critter contractors or my of is or their officers, agenda or employees as aforesaid, the Sella hereby agrees to motion, the defense thereof and to &fend the same at the, Sellers own expertise, to pay any and all Is charges, anomeys fees and other expena, any and all judgment that may be incurred by or obtained againt the Purchaser or any of its m their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against rate property of the Purchaser, or said parties W or as a result of such suits m other proceedings, One Seller will at once cause We same to be dissolved and discharged by giving bond m oferwise. The Seller mad his contractors shall take all safely praautiom, f ish and install all gusrds necessary fin the prevention Of accidents, comply wit all laws and regulations with regard to safety indudm& but without limitation, the Occupational Safety and Heal Act of 1970 and all miss and regulations issued pursumt thereto. Revised 07n014