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HomeMy WebLinkAbout130088 ICON ENGINEERING INC - PURCHASE ORDER - 9146192Fort Collins Date: 10/23/2014 Vendor: 130088 ICON ENGINEERING INC 8100 S AKRON ST STE 300 ENGLEWOOD CO 80112 PURCHASE ORDER PO Number Page 9146192 1o12 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 t MCCLELLANDS CREEK STRM RESTOR WO #SB-2014-10 1 LOT LS 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements 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 19,400.00 $1 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. Tare exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 98-04502. Federal Herise Tax Exemption Certificate of Registry 84- WO587 is registered with the Collector of Internal Revenue, Denver, Colombo (Be(. Colorado Revised Statutes 1973, Chapter 39-26, 114 by Gaud Rejected. GOODS REJECTED due to failure to meet specificatioes, either when shipped or due to def t of damage in transit may be renamed m You for credit and are rot to he replaced except upon receipt of wnnen instmcnons Imm the City of Fon Collins. Irepecriov GOODS arc subject to the City OfFad Collins inspection on mrival. - Final Acceptance. Receipt of the merchandise, se or equipment in response to this order can result in authorized payment on the pan Of the City of Foe Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon armpletiun of all applicable required inspection procedure. Freight Terms. Shipments morn be F.O.D., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight paid charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distribming points in us pans of the cannot, optical is expected tram the newt distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from 6.is, dismnes. Permits. Seller shall prrscure at sellers sole cost all necessary prnnits, certificate and fee. required by all applicable laws, regulations, ordinance and soles of the state, municipality, tendwy, or political subdivision where the Work is par toed, or required by any other duly constituted public amhmdry havingjunsdiaion over the work of and.,. Seller harbor, agrees m hold the City of Fort Collins harmless from ped against all liability and loss incurred by them by reason of an asserted err established violation Of my such laws, min lesions, ordinance, rates rid migme menu. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authonty to hied said parties. LIMITATION OF TERMS. This Purchase Order capably limits acceptance to time terns and conditions sorted barrio scr forth end any supplementary, or additional moms and condition aunexed Men or ineoryomted herein by reference. Any additional or different corms and conditions proposed by seller are objected to paid hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to artier on your promised delivery date as noted Time is of the essence. Delivery and performance most be dfeded within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance.( partial late delivmes, shall operae as it waiver of this provision. In the event ofany delay, the puchaer shall have, in eddmon m other legal and equitable rtmedies, the option of placing this order elsewhere and holding the Seller liable for damage. 11....a, be Seller shall not be liable for damages as a wilt of delays due to causes not reasonably foreseeable which are beyond its reasonable conwl and without its fault ofnegligence, such acts cf God, act ofeivil or military authorities, goverwnental Immune,( s, strikes, food, epidemi, wars or hors provided that entice of the conditions causing such delay is given to the Purchaser within five (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 period equal to the time actually lost by reran of the delay. 3. WARRANTY. The Seller woman. fbot all goods, article, omen ds wall wok covered by this order will conform with applicable drawings, specifications, samples aulfor other descriptions given, will be fit for the purposes intends], and performed with the highest drove of cow and competence in accordance with accepted suulords for work of a similar nature. The Seller agree to hold the purchaser harmless from any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wmmnty. The Seller shall replace, repair or make good, xithow cost ran the purchaser, any defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the terms of any applicable wareanry provided by the Seller after the date of acceptance of the god furnished hereunder (accepme not be unreasonably delayed), resulting from imperfect or defective work done or mat®aft f ished by the Sella. Acceptance or use of goods by the Purehaur shall not .mutate a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, We Sellers liability hanum er shall extend to all damage proximntely caused by the breach of pay of the foregoing warranties Or guamntres, but such liability shall in no event include loss ofprofits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by wnnen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the tends, office ban legal twos, including additions to or deletions from me quanlfes originally ordered in the speculations or drawings, by verbal or wnuen dangc order. If any such change aReds the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, wounnate this agreement w to eny or all portions of the goods then not shipped, subject to any equitable adjustment between the parties m to any work or materials then in progress provided that the Producer shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods andsor work, for incidental on coosquemim damages, and mat no such whinament he made in favor of the Sella with respect to any goads which art the Sellers standard stock. No such temmudon slash relieve be Purchaser or de Seller of any of Weir obligations as to any good delivered here=der. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within miry (301 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 furnished in strict compliance with all applicable laws and regulations m which We goods are subject The Seller shall execute and delver such document as may he mquind to effect or evidence compliance. All laws and regulations mpaired to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase, hmmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure as comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this cola, or any monies due or to become due hereunder without the prior women consent of be other party. 10, TITLE. The Sella warns full, Clem and unrestricted tide to be Purchaer for all equipment nationals. and items finished in performance of this agreement, free and clear of any and all liens, moraines, reservations, secunry interest encumbrances and claims otube.. 11. NONWAIVER. Failure of the Purchaser to insist upon inner perfrmantt of the terms and conditions hereof, failure or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a b¢azkeanthe acceptance ofor Payment for goods hereunder or approval prior deign, shall not ralmem the Seller of any of the waimmties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon suict performance berms' or any of its rights or remedies m to any such good, reganoRm of when shipped, received or accepted, as m any prior or subsequent default here=der, =r shall any purported oral modification or rescission of this purchase order by We Purchaser operate m a waiver of any of the rents hereof. 12. ASSIGNMENT OF ANTITRUST CLA[MS. Seller and the Purchaza recognize that in actual economic practice, overcharges winking from anummt violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purehow order, the Seller hereby assigns to the Parthaer any and all claims it may now have or hereafter acquired under federal or sure antitrust laws for such mewharge relating to be pmouraw good or smice purchased or acquired by the Purchaser pursuant la this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Puchaser diming, the Seller to correct nonconforming or defective goads by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs autumnal with such work. The Seller shall release the Purchaser and its contracrors of my tie from all liability and claims of any nature resulting( the performance of such work. This release shall apply even in We event of fault of negligence of the parry relesed and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including wunanty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be pafommed by me Purchaser. 14. PATIENTS. Whenever the Seller is required to use any design, device, ravterial or process covered by lever, Patent, trademark coptai the Seller shall indemnify and save harmless be Purchaser from any and all claims for infringement by reason of the use of such patented deign, deice, maenal or process in connection with the comma, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by nation of such infringement at any time during the proseeutian or after the completion of the work. In case said equipment, or any part therm( or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is apowsh the Scher shall, at its own experts and at its option, either procure for me Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it as it beconus noninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint is receiver or Ower for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The define om of terror used or the imagination of the agreement and be rights ofall parties hereunder shall he compared center and govemcd by time laws of the Sure of Colomdo, USA. The following Additional Conditions apply only in exon, whew the Seller ism perfomn work hereunder, including the services of Sellers Regresentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unfit the same is fully completed and accepted, and shall, in case of any accident, decoction or injury to the work anchor materials bet Sellers final completion and acceptance, complete the work at Sellers own expense cad to the satisfaction of the Purchaser. When materials ant equipment are famished by others for installation or erection by the Seller, We Sella shall receive. =load, store and handle same at flaw see and Manse responsible therefor m though such m weands We, quipment were being famished by the Seller worker the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anchor to their dependents in w000lana with the laws of the state in which the work is to be done. The Seller shut l also any comprehensive general liability including, but not limited to, contractual and antomobile public liability bsumuwe With bodily injury and death Ilmib of at lent 9300,000 for any one person, 5500,00) for any ne accident and proper damage limit per accident of S4(gR000. The Seller said likewise require his contracroq if any, m provide for such compensation and wsamnce. Before any of me Sellers or his contractors employees shall do any woo upon We premises of others, the Salle shall f mish the Purchaser with a certificate duct such compensation and insurance have been provided. Such certificates shall specify the date when such compensation 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 me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume me entire respomibilry and liability for any, and all damage, Ices or injury of my kind or wture whommer to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hmmles the Purchaser and any er all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, lutrges or expenses, whether direct or indirect, and whether to persons or propery, m which the Purchaser copy be put or subject by reason of any in, anion, cellar, omission or default on the pan of the Sella, by of his contractors, or any of the Sellers or contractors officers, agents or employees. In crom my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act acif.a neglect, omission or defamt of the Sella of any of hh contractors or any of its or their oRcers, agent or employees m aforevid, the Seller hereby ogee to assume We defense thereof and to defend the same at the Sellers own expense, to pay any and all cost, charge, impose, fees and other expenses, any and all judgment that may be incurred by or obtained against the Purhaser Or My of its or their othcers, agents or employees in such mils or other proceedings, and in case judgment or other lien be placed upon or obtained against the propMy of be Purchmq or said parties in or as a result ofsuch suit or other proceedings, the Seller will at once cause We same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shell ache all safety preautions, Radish and install all guards necessary for We prevention of accidents, comply with all laws ant regulations with regard to safety including but without limitation, be Occupational Safety soul Health Act of 1970 aul all codes and regulations issued pursuant Wema. Revised 07n014