HomeMy WebLinkAbout130088 ICON ENGINEERING INC - PURCHASE ORDER - 9146191Fort Collins
Date: 10/23/2014
Vendor: 130088
ICON ENGINEERING INC
8100 S AKRON ST STE 300
ENGLEWOOD CO 80112
PURCHASE ORDER
PO Number Page
9146191 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 10/22/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
STANTON CREEK STABILIZATION 1 LOT LS 37,925.00
WO #MKK-2014-10
7300 Consulting Engineering Services for Clearview Channel
Improvements & Future Minor Capital Improvements
4(1,4
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.mm
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collin is exempt from state and local nixes. Our Exemption Number is
98J14502. Federal Excise Tox Exemption Cerlifiwte of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revisal Strauss 1973, Chapter 39-26,114 (a).
Good Rejected. GOODS REJECTED due to failure 0 mart spccificaaon, either when shipped or due m drects of
damage iv transit, may W rearmed m You far credit and are not m W replaced except upon receipt of women
instructions from the City of Fan Collins.
Impaction. GOODS are subject to the City ofFort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the Dan Of 0m City of Too Collins. However, it is to be understood that FINAL
ACCEPTANCE. is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most W F.O.R., City of Fan Callus, 700 Wood St.. Fort Collins, CO 80522, unless
mhemise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for Packing will not her accepted.
Shipment Dismnce. Whore manufacturers have disribming points in -does pans of the country, shipment is
expected from the nearest distribution Point to destination, and excess fright will be deduced front Invoice when
shipments are made from greater distance.
Permits. Sella shall procure at sellers sole cost all necessary permits, cenificmes and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is pafomed, or required by any other duly eomtimted public authority having jurisdiction over the work
of vendor. Seller further agrees an hold the City of Fan Collin harmless from and wins' all liability, and loss
murrrd by them by mson of an assured ar established violation of any such laws, regulations odiwtu'es, roles
and requirements.
Authorization All parties to this contract agree that the representatives mr, in fact, bore fide and possess full and
nmplee authority in bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tern¢ and conditions sorted
herein set!cork and any supplementary or additional terms and condition annexed harem of incorporated herein by
ref ranee. Any additional or different term and condition proposal by seller art objected to and herby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to naive on your
promised delivery date as noted. Time is of the esxns. Delivery and performance must W effected within the time
stated on the purchase order and the documents arched herein. No ears of the Purthaxas including. without
limitation, acceptance of partial late delivenes, shall operate as a waiver of this provision In the event of any delay,
the Purchase, shall have, in addition 1r Other legal nn I equitable remedies, the option ofplwing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its metastatic control and without its fault of negligence,
such aces of God, acts ofcivil or military authorities, governmental priorities, Gres, shOxs, flood, epidemics, wars or
riots provided Out notice of the mndmimas caring such delay is two 1. the mreham within foe (5) days of the
time when the Sella fast received knwledge thereof. In the event of any such delay, the dame of delivery shall W
extended for the period qnl to the time actually lost by rraw s of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andrOr other descriptions given, will be fit for Ne pmpres intended, vad
Performed with the highest degree of care and competence in accordance with accepted standards far work of a
similar nature. The Seller agrees to hold the purchaser harmless from my Ins, damage or expense which the
Pumhrm may suR or incur on account of the Sellers breach ofas mnty. The Sella shall opium. terms or make
good, without cost to the purchaser, any deft is or faults miring within ors (1) year or within such longer period of
time as may W prescribed by law or by the menu of any applicable warranty provided by the Seller afla the date of
acceptance of the goods fumishal hereunder (acceptance not to Ix unreasonably delayed), resulting Imm impart t
or defective work done or materials banished by the Sella. Acceptance or use of goods by me Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in Nis pmtlmx order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits 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 m legal tams by waiaen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changes to the terms, other than legal terms, including addndons to or deletions from
the quantities militarily ordered in the specifications or drawings, by verbal or women change order. If any such
change affects the amount due Or the time of pafonnunce hereunder, in pound, adjuummt shall be rood,
6. TERMINATIONS.
The purchaser may at any time by written change order, mminm this agreement as to any or all portion, of the
goods then rot shipped. subject to toy amicable adjustment between the panics as to any work or materials risen in
progress Provided that the Purthrer shall not be liable for any claims for anticipated profits an the uncampleal
portion of the good tabor work, for incidental or tvmequential damages, and that no such adjustment W made in
favor of the Seller with rapes to any goods which an the Sellers standard stack. No such termination shall relieve
the Profuse, onhe Sella of any ofthei, obligations n many gads delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment muter be asserted within thirty (30) days from the date the change or tamiumma is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have barn produced sold delivered and famished in most
compliance with all applicable laws and regulation to which the good art Subject. The Sella shall exccam and
deliver such documents as may ber required to effect or evidence compliance. All laws and regulation required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Shca agrees to
indemnify and hold the Purchase, Wood. from all vests and damages suffered by the Purchaser as a regal, of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall nsign, October, or convey this order, or any monies due or to become due hereunder without the
poor wdaen consent of the other pvor
10. TITLE.
The Sella .1, full, cleat and umesvicted to in the Purchasr far all equipment, material,, and isms furnished
in Performance of this agreement. flee and clear of any and all liens, restrictions, reservations. security interest
encumbrances and claims mothers.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to
excuriso any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a
breach, the rcepunce of or payment for goad hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligatians of this purchase order and shall not W decimal a waiver of any right of the
purchaser W insist upon strict performance havofor any of its rights or remedies as to any such goods, regardless
of what shipped, mraved or accepted, as many prior or subsequent default hmunded, am shall any "mad
oral modification o, rescission of this purchase order by the Purchase, comic as it waive of any of the terms
Larval.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser rrtagrom that In actual eonon ie practice, overcharges resulting from antitrust
viulmions are in fact bums by the Purchaer. Theretofore, for good cause and as consideration for exat wing this
purchase order, the Seller hereby assigns an the Purchaser any and all claims a may now have or hereaaa
acquired undo federal or smm aid., laws for such communities slating to the particular goods or sm'iar
purchased or acquired by the Purchaer pursuant an this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to cancer nonconforming or defective goods by a date m W moved upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness ro comply, the Purchna
may cause the work to W performed by the most expeditions means available to it, and the Seller shall pay all
costs roweimed with such wrok,
The Seller shall relarse the Purchaser and its conmcmm of any tier from all liability and claims of any rmdma
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry extracted and shall extend to the
directors, oRcers and and as ofsuch W,.
The Sellaes contracmal Obligor too, including warranty, shall not be darmal to be reduced, in any way, because
such work is performed err caused m be performed by the PurcM1ra.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify add save harmless the Purchaser from any and all claims for infringement
by reason of the use of such petered design, device, material or process in connection with the condowl, and
shall indemnify the Perchance for my cot, expense or damage which it may W obliged to pay by reason of such
inGngmem at any time during the Formation at after the completion of the work. In cox said equipment, or
any pan thereof or the intended use of the good, is in such suit held to cor9ms infringement and the re of
said equipment or part is criminal, 1, the Seller shall, at its awn expense and in its option, either proem, far the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nommo Tinging equipment, or modify it so it becomes maniafringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers pmpeny or business, Nis order may fanhw'ith W canceled by the
Pmrthea without liability.
16. GOVERNING LAW.
The definitions of term nal or the interpretation of the agreement and the .,his ofail panics hereunder shall be
construed under and govemed by the laws ofthe Siam of Colorado, USA.
The following Additional Conditions apply only in cours wham the Sella is to peifom work haeunda,
including the services of Sellers Reparomm aivds), on the prmises infighters.
O. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Saila's owe risk until the sans u filly completed and accepted, add shall,
coca,in of any accident, destruction or injury to the work carbon materials before Shceh final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or emerirn by the Sella, the Seller shall missive, unload,
sore and handle same at the site and become respanible thereGn as though such materials unbar auipmeat
were being famished by the Seller under the onla.
I B. INSURANCE.
The Serer shall, m his own expense, provide for the payment of workers cumperatien, including occupatiawl
do. benefits, m its employees employed on or or connection with the work covered by this purchase order,
andsor to their dependents in accordance with the laws of fire state in which the work is to W done. The Sella
shall also carry compreh amive general liability including, but not limited to, contractual and aummobile public
liability insurance with bodily injury and death limits of at lew15300,OW for any one pennn, $500,000 for any
e accident and property shortage limit per accident of $400,000. The Seller shall likewise require his
ontmeton, if any, to provide for such componsamon and in e. Before My of the Sellers or Iris contractors
employees shall do any work upon the premises of others. the Seller sh II famish the Purchaser with a certificate
that such compensation and insurance have ban provided. Such cefficeres shall specify due date when such
compensation and assurance have been provided, Such cenificata shall specify the date when such compensation
nd insurance expires. The Sena affairs that such compensation and Winnows shall W main ainal until after the
entire work is courpinM and aceepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ussumes 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 form the execution of the work provided far in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
in all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or in mat, and whether to penny or pmpeny to which the Purchaser may
W put or subject by reason of my tut, action, neglect, omission or default on the Pan of the Sella, my of his
conmmors, or any of the Sellers or containers officers, agents or employers. In usse avy suit or other
proceedings shall h brought against the PurefWaa, or its officers, agents or employees at any time on acmuat or
by sawn of any act, action, neglwr, omission or default of the Seller of any of his contractors ar any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thedsof and to
defend the same at the Sellers awn expense, to pay any and all casts, charges, ammeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its of 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 Pmchner, or said posies in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the xme to W dissolved and discharged by giving bond or otherwise. The Seller and
his commaars shall take all safety precaution, Finish and install all guard accessary for rise prevention of
accident, comply with dal laws and regulations with regard an safety including. but without lummusion, the
Occupational Safety and Health Act of 1970 and all roles and sgulation issued pmscout thmm.
Rwised 07/2014