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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9147576PO PURCHASE ORDER 914757er Page C117f of PURCHASE 47576 t of z ' `tCollins( Thisnumber must appear v on all invoices, packing sli s and labels. Date: 12/23/2014 Vendor: 330179 INTERWEST CONSULTING GROUP PO BOX 18330 BOULDER CO 80308 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 12/23/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Remington Greenway Imp. 1 LOT LS 33,500.00 WO #Interwest-400901920-14 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@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 I. COMMERCIAL DETAILS. Tax exemptions. By stamte the City of Fort Collins is exempt fmm =so and local taxes. Our Exemption Number is I I. NON WAIVER. 98(14502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mg.ma, wit, be Collector of Failure of lor Purchaser to insist upon strict perfanmame of be to. and comediuoan hereof, failure or delay to Internal Revenue. Denver, Colomdn (get. Colorado Revised Starnes 1973, Chapter 39-26,114 (a). exercise my rights or remedies provided herein or by law, Duane to I mmpal, purify rim Seller in be event of a breach. the acceptaace for Palomar for goods hereunder or approval of the design, shall not releasx the Seller of Goods RepubaL GOODS REJECTED due an failure to meet spaiftretions, either when shipped or due to defects of any of this ammunition or obligations of this purcM1ue coder ant shall not be banned a waiver of vary right of the damage in tmmit, may be returned to you for credit and sre not to be replaced except upon comipt of occur purchncer to insist upon stria pert ore hoomfor any of its rights in tenNies as to my such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accapral, an to my prior or subsequeal default hereunder, nor shall my purported oral modification or m tab an of this purchase order by be Purchaser alternate an a waiver of my of the toms Inspection GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of use merchandise, services or equipment in respense to this order pan result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aothorixed paymem on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Farmhouse recognize that in actual economic practice, overcharges resulting from antiast ACCEPT ANCE is dependent upon completion of all applicable required inspection procedure, violations art in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, TO, Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, be original freight purchased or so,a d by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be acccoted. Shipment Distance. Where manufacturers have distributing point in varrimas part of be country, shipmem is especial drum the nearest distribution pour to destination, and excess freight will be deducted Jim Invoice when shipment are made form greater distanm. Permit. Seller shall procure at sellers sale cost all na., permits, eMifptes and li. "bral by all applicable laws, regulations, ordinances and roles of the state, municipality, motion, or political subdivision where the work is perforated, or required by any other duly mmtituted public authority laving jurisdiction over be work of vendor. Seller further agrees to hold be City of Fort Collins harmless from and against all liability anal loss ncuned by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and cre,boement. Authorization. All parties to this contract agree that the representatives arc, in feel, Now fide and possess full and amplem authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the term and conditions stated herein so forth and tiny supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different term and conditions proposal by Sella arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediakly if you cannot make complete shipment a arrive on you, promised delivery dam as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No act of the Puchaers including, without limitation, acceptance affected late deliveries, shall operate as a waiver of this provision. In the event of any delay, be Purchaser shall have, in addition a other legal and equitable mmalies, the option of placing this order elsewhere and holding the Seller liable for damages. However, to Seller shall not be liable fan damages as a result of delays due to causes rant reasonably foreseeable which am beyond it reawpable control and without it fault of negligence, such act ofGwl, act ofcivil or military authorities, govertmenul pdonties, Tres, strikes, Bond, epidemics, was or mats pmvidal that notice of rise conditions owning such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge duaraL In the event of my such delay, the dam of delivery shall be extended for the pound equal to the time actually lost by reawn oftbe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work ensured by this order will conform with applicable drawings, specifications, sample, author other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. Ile Seller agrees to hold the purchaser harmless from any lam, damage or expense which the Purchaser cony suffer or incur on normal of the Sellers breach of womanly. The Sella shall replace, repair Or make good, without cost to the purchaser, my defect or faults arising within one (1) year or within such longer pedal of time an may be prescribed by law Or by the terms of any applicable warranty provided by the Seller after the date of acrobatic, of the glad furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperf t or defective work done or materials Polished by the Seller. Acceptance or use of goals by the Purchaser shall not constitute a waiver Of any claim under this warranty. Except as otherwise provided in this purchase Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warrant or guarantees, but such liability shll in no event include lass of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes te legl term by armed change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be toms, other than legal firms. including additions 10 or deletions from the quantities originally ordered in the specifications or drawings, by vat or wdnen change order. If any such change affect the amoann due or the time of per( ma hereunder, an equitable ad,.,. shall be made. 6. TERMINATIONS. no Purchaser may at my time by wrinen change order, baronage this agreement an to my or all portions of the goods then not shipped subject m any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goad and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relive the Purchaser or the Seller of any of their obligations m to any good delivered hereunder, ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within but, (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all good sold hereunder shall have been produced sold, delivered and formulated in strict compliance with all applicable laws and negotiations On which fie goads are subjeut. The Sella shall execute and deliver such dmummt as may be reduced b eBem or evidence compliam o. All laws and regulations requid to be incorporated in agreement of this cheranum are hereby mammal herein by this reference. The Seller agrees 10 iMcmnify and hold be Purchaser homeless Jim all cast and changes suffcnd by be Purchaser an a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, amfer, or convey this order, or my monies due or to became due hereunder without the poor women Co.., ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to be Purchaser for all equipment, materials, and it. furnished in pefomance of this agreement, free anal clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of Others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If be Purchaser directs the Seller to correct nonconforming or detective good by a date to be agreed upon by the Pm<h:utt and the Sella, and the Seller thereafter indicates it inability or unwillingness to comply, the Purchaser may came the work in be performed by the most expeditions mews available to it, and the Seller shall pay all cast associated with such work. The Seller shall release be Purchaser and it commemrs of any tier form all liability and claims of my moue nimbi, form be Pefor ance of such wad. This release bull apply even in the event of fault of negligence of be, puny relowal and shall extent to the directors, ofFean and employees mfsuch may. The Sellers contractual obligations, including warrwty, shall not be deemed to Ile natural, in my way, became such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Sella is required 10 me any design, device, material or process covered by loner, patent, trademark or copyright, the Seller shall indemnify and save harmless 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 the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofamh infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended me of the goats, is in such suit held to constitute infringement and the tau of said repairman or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right 1. continue min, said ry.i,.t or pans, repines, the scone with substantially alual but mandrel equipment, or modify it so it breomes mniafringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a 01 rrnsta for my of the Sellers properly or business. this order may forthwith be canceled by the Punchaur without liability. 16. GOVERNING LAW. The definitions of terra mal or the inter, metion o ds, agreement curb the right ofell parries hereunder stall be command under pad governed by the laws of the Scale ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the slices of Seller Represenutive(s), on the premises afothers. Il. SELLERS RESPONSIBILITY. The Sella shall curry on said work at Sellers own risk until the some is fully completed and accepted, and shall, in can of any accident, destruction or injury to the work arbor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of be purchaser. When materials and equipment am fumlshal by others for installation or erection by the Seller, the Seller shall receive, upland, store and handle same at the site and become responsible therefor as though such materials arbor repairman were beingSnubbed "a Sella under the order. 1S. INSURANCE The Sella shall, at his own expense, provide for the WMan of workers compensation, including wcupafio.1 disease benefit, In it employees employed on or in connection with be work coveral by this purchase order, oalfor to rich dcpcedent in accordance wlf the laws of the sum in which be wosk is an be done. The Seller shall also may comp¢henswe general liability including. but nowt limiled to, wnmactusl and auromabile public liability immancr with bodily injury and death limit Of a1 lour $300,000 for pay one person, S500,000 for any one accident and pmpMy damage limit per accident of 5400,000. The Sella shall likewise enquire his contractors, if any, to provide, for such compassion and farmer. Before my of the Sellers or his contractors employees shall do my work upon fie promises of others, be Seller shall famish the Purchaser with a cerali that such compensation and insurance have been provided Such eafifcates shall specify the dam when such compensation and in ce have been provided. Such anificams shall bpaify be date when such compen and insurance expires�no Seller agrees but such compensation and insurance shall be mainsamal until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumcb the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify eM hold harmless the Purchaser and my r all of be Purchasers officers, is. and employees fmm and against my and all claims, losses, damages, charges or expenses, whether direct or wdirecL and whether to persons or pmperry to which the Purchmer may be put or subject by reason of my act, action, mglw, omission or default on the pan of the Sella, pay of his contrecton, or my of the Sellers or contractors officers, agent or employees. In case my suit or other pmcecdings shall be brought against the Purchaser, Or it urban, agents cr employees at my time on account or by. of my act, action, mmeglKl.Onussi0n or default of fie Sella of my of his emmmlors Or my Of it or fair officers, agent Or employees an aforesaid, be Seller hereby agrees to assume the defense fermiand to defend the same at the Sellers own expense, m pay my pad all cant, charges, eameys fees and ofor, expenses, my and all judgment that may he wound by nr Obtained against be Pmchaur m my of it or thew officers, agent or employees in such suit m other proceedings, and in case judgment m other lien be placed upon or abtainal against be property ofthe ForcM1aset, or said ponies in or as a result of such sat or other proceedings, to Seller will at once cause be same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall sake all safety precautions, famish and install all guard neeessary for be prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, fie Occupational Safety and Health Act of 1970 and al I roles and regulations issued pursuant thereto. Revised 07I2014