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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9141887 (2)PO PURCHASE ORDER 914188er Page C117/ of PURCHASE 9141887 ter z F6r} Collins This number must appear ,t—J`-' ` ` �7 on all invoices, packing sli s and labels. Date: 12/18/2014 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: 04/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 CHANGE ORDER 1 Spring Creek Station to Colleg 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 EA 10,300.00 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. COMMERCIALDETAIM. Tax exemptions. By smote the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502, Faleal Excise Tax Exempton Certificate of Registry 84-6000587 is registered with the Collector of Failure of the ruminate, to insist upon sfm performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller, in the event of a breech, the acceptance if., payment for goods hereunder or appreval crone design, shall not release the Seller of Goods RejectW, GOODS REJECTED due to failure ro meet specifications, either when shipped or due to defects of any of the wamamic, or obligations of this purchase order end shall not be darned it waiver of any right of the damage in transit, may be rammed to you for credit and arc not as be replaced except upon receipt of women Purchaser m insist upon strict perfommmee hereof or any of its rights or ranalies re to any such goods, regardless instructions from roe City of Fort Collins, of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any puryoded am[ modification or rmcissirn of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City offset C.Rea inspection on srrival. hereof. Final Acceptance. Receipt of the merelandix, sea or eq.ip.I in ton once to this media am result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Four Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic pravean ctice, orcharge resulting from titrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. siolaions ate in fact home by the Purchaser. Themofoo far good caum and m consideration for executing this purchase oNer, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be P.O.B., City of Fon Collins, 900 Wood St., Too Collins, CO 80522, unless acquired under federal or some antitrust laws for such overcharges mining to the particular goods or services otherwise specified on this order.IfFeftmoion is given to prepay bought and charge separately, the original freight purchased or acquired by the Purchaser prommnuo this purchase order. bill must accompany invoice, Additional charges for pieking will not be accepted. 13. PURCI IASLRS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vartme, pans of the country, shipment is If the Purchaser directs the Seller to coact nonconforming or defective goods by a date to be agreed upon by the extracted from the nearest disfbram. in, to demarcation, and earn freight will be dNucted from Invoice when Purchaser and the Seller , and the Seller thereafter indicmes its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work ro be perfomred by the most expedition an. available to it. ad the Seller shall Oay all costs ass«iatal with such work. Permits. Seller shall pmcore al sellers to cost all necessary pem:ier, cmificares and It. ra3uitd by all applicable laws, regulations, mdinames and ales of the sate, municipality, summary ce political subdivision when the work is performed, or required by my other duly emotional public authority bavingjusediction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles incurred d regniremena. Authorization. All ponies to this contract agree that the r,restoratives are, in faro, bona fide and p.a.. full end complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terms and conditions sated herein sac forth ad my supplementary or additional terms and conditions ai hereto or incorporated herein by refemme. Any additional or different terms and conditions proposed by author are objected to and hereby rejectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete hi,mma 1. none on your Promised delivery date a noted. Time is of the essence. Delivery and performance most be enemed within the time stated on the purchase order and the documents attached hereto. No emu of the Purchasers including, without limitation, aroeptance of PaniA Irate deliveries, shall nperare as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable croudies, the option of placing this order elsewhere and holding the Seller liable ]or damage,. However, the Seller shall net be liable for damages as ..mull of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such mu of Gad, mu ofeivil or military authorities, bmanmental priorities, Ems, strikes, Rood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller But received knowledge therm[ In the event of any such delay, the date of delivery shall be extcMd far the pried egml to the time mwlly lost by reaon of the delay. 3. WARRANTY. The Seller wamna flat all goods, article, matenals and work c.,and by this order will conform coif applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted stun hinds for work of a similar nature. The Seller agrees to hold 'he purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair M make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pond of time a may be presented by law or by the trans, ofany applicable waranry provided by the Seller alter the date of acceptance of the goods fumishnd hereunder perepoccnot e noo be mane sombly delayed),morning ), ulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or sew of good by the Purchaser shall not carious a waiver of my claim under this warmaty. Except as otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend to all damages proximamly caused by the breadth of any of me foregoing warranties or guarantees, but such liability shall in no event include loss of profs or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes,, legal arms by wham change order. 5. CHANGES IN COMMERCIAL TERMS. 'tie Purchma may make any changes to the tears, other than legal term+, including reshot... to or delami s from the quantities originally ordered in the spmifications or drawings, by verbal or written change order. If my such change aR ts the amount elm or the time ofp«fommnce beeunder, on equitable adjustment ahall be made. 6. TERMWATIONS. The Purchaser may at any time by wrinen change order, Ramona, ono, this agreement as to any or all portions of the goods then not shipped, subject any equitable adjustment between the panics st, to any work or amends then in progras provided that the Purchaser shall not be liable for any claims for anticipated priefta on the uncompleted portion of the goods andor work, for incidental or consequential damages, and that no such adjustment be made in Ervor of the Seller with respect m any goods which are the Sellers standard stock. No such tram umian shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered firmander. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys from the date the change or mmtirv+tion is oNered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in start compliance with all applicable laws and regulations on which the gods not subject. The Seller shall execute ad deliver such documents as may be required o effect providence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this re exam. The Seller at to indemnify and hold the Pumaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any names due or to become due hereunder without the Poor written consent of the other party. IO.TITLE. The Seller warrants full, clear and uruesuicted title to rise Pu«hmtt for all equipmad, materials, and it. lummi hW in pc ficia ance of this epecaent none and clear of my road at l lien, min fction, reservation. accuracy interest encumbrances and claims of others. The Seller shall release the Purchaser and its conmctors of my nor fmm all liability and claims of any mature resulting men the performance attracts work. This release shall apply even in the event of Onto of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be porformal by the Purchaser. 14. PATENTS. Whenesa the Seller is required to use any desiga device, marenal or process covered by loner, patent, trademark r capyrighk the Seller shall indemnify and save harmless the Purth from my and all claims fur infnngemmt by maven of the use of inch Panama! design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cast, expense or damage which it may be obliged W pay by reason ofsuch infngemem at my time during the pros«ution or after the completion of the work. In case said aryipment, or any part therrof or the intended use of the goons, is in such suit held to consulate infringement and the use of said ailment or an is mumod, the Seller shall, al ions Own expense and at its cption, either proenre for the Purchaser the right to continue using said equipment Or parts, replace be same with substantially equal but noninfaging equipment, or modify, it so it becomes nonlnfnging. 15. RISOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the Partin of creditors, appoint v recrivor or man e for my of the Sellers property or business, Nd is order May forthwith be c rears by the Pmchaer without liability. 16. GOVERNING LAW. The definitions aftemu anal M the intetpmartim of the agreement and the rights ofall parties beretoder shall be assumed under and Reversed by arc laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform wad hereunder, including the services of Sellers Representative(,), oa the prom scs of others. 17. SELLERS RESPONSIBILITY, The Sella shall carry an said won ed Sellers own risk it the same is fully completed and ecce sd, and shall, in case of any accident, destruction or injury to the work andfr materials before Sellers f 1 completion and acceptance, complete the work at Sellers awn expense and to the satisfazdon of the Purchaser. When aamenas and equipment fie furnished by others far itaalli tion or criterion by the Sella, the Sella shall receive, unlaced, sore and handle same as the site and became responsible therefor its through such marenals and/or equipment were being( ishel by the Seller under the order. 18. INSURANCE. The Seller shall, al his own expense, provide fur the payment of workers compensmien, including occupational disease benefits, to its employees employed oa or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limimd to, contractual and amamobile public liability insurance with brashly injury and death limits of at lent S300,000 for any one person, S500,000 for any one accident and preperry damage limit per accident of S400,000. The Seller stall likewise require his contactors, if any, to provide for such compensation aud insurance. Before my of the Sellers or his contractors employes shall do any work open the premises of others, the Serer shaft launch the Purchase with a cenifrcea that such compensation and insurance have been provided. Such certifiams shall specify the date when such compensation and insumvee have been provided. Such cenificates shall specify the &is when such compensation and insurance expires. The Sella ,as 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 assumes the entire responsibility and liability for my and all damage, lass or injury of any kind nature wlmoncem, to persons or pmpeny caused by or resulting from the execution of the 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 of lacers, agents and, employees from and Warrat any ad It claims, losses, damages, charges or expenses, whether direct or indirect, and whether m persons or property m which the Proclaim, may be put or subject by fawn of my act, action. ncglext, omission or default on Be pan enthe Sever, my of his contractors, or my of the Sellers or contractors officers, agents or employers. In cox my suit or other proceedings shall be brought again,, the Pmchaxr, or its oifrers, agents or employees at my time on account ar by reason of any act, action, neglect, omission or default of the Sella of my of his omtrdmtors or any of its or their Ofoax, agents or employees M afrremid, the Seller hereby agrees to assume the defense therrof and to defend the same at the Sellers awn expense, to pay any and all wits, charges, attorneys fors and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in area suits or other proce Wings, and in case judgment or other Lim be placed upon or cardinal against the property of the Purchase, or said parties in or is a result of such suits or other proceedings, the Seller will at once most the same to be dissolved nut dischargd by giving bond or otherwise. The Sella and his contactors shall take all safety pacautiore, famish aud iamll ell gums marnemry for the prevention of accidents, comply with all laws and regulation with regaN to safety including, but without limimaon, throe Occupational Safety and Health Act of 1970 cand all Holes and reguations usual pursuant thetem. Revised 07R014