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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 3215354PO PURCHASE ORDER 321535er Page City. of 3215354 tofz ' `t Collins ns This number must appear V on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 330179 INTERWEST CONSULTING GROUP PO BOX 18330 BOULDER CO 80308 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Surveying 1 LOT LS Light & Power PER TERMS AND CONDITIONS OF RFP 7392 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 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 5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenting and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By same the City of Fort Collins k exempt from state and local axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Catificae of Registry 84fi000587 is regiaered with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtw 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be renamed to you for credit and am not to be replaced except upon rmdpt of write. instructions from the City officer Collins. Inspcetion. GOODS ere subject to the City of Fort Collins inspection on anivd. Final Acceptance. Receipt of the numemodue, services or equipment in response to this order can .all in authorized payment on the pan of the City of Fort Collins. However, it is to b< understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required mutation precedence. Freight Term. Shipments most be, F.O.B., City of Pon Collins, 200 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. if pvmission is givm to prepay freight and charge separately. the original freight bill must accompany, invoice. Aairimai charges for trucking will not tom accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at rollers sole coal all necessary permits, cenlficales and licenses required by all applicable laws, regulations, ordinance and toles of the iaa, municipality, ternary or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agree to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of on wsertN or established violation of any such laws, regulations, ordinances, rules cad requirements. Authorization. All Ironies to this contract agree that the representatives are, in foci, bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby repeated, 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is attic essence. Delivery and performance must be effected within the time sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall close as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other ],.I and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. I however, the Seller shall not Ise liable for damages as a result of delays due to wows not rationality f cmbe which art beyond its reasonable control and without its fault afnedigence, such acts afGW, mans of civil or military a idarri ices, go mpormaa pound., fires, strikes. Bowl, epiderein, wars or riots provided that notice of the conditions causing such delay D given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date o'delivery shall b, extended for the monad equal to the time actually lost by reason efthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mitre other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted sandaNs for work of a similar nature. The Seller agree to hold the purchaser barmlets from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwananty. The Seller shall replace, repair or make good, without our to the purchaser, any defects at faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of say applicable warranty proided by the Seller after the date of acceptance of the goods famished hereunder (accampore not to be undeasmably delayed), resulting from imperfect or defective work done or matanaB famished by the Seller. Acceptance or use of goods by the Purchaser shall out contimte a waiver ofany claim under this warranty. Except as otherwise provided in this purchase ardor, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnues or guarantees, but such liability shall in rim event include loss ofpwfia 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 to legal temp by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mama, other than legal terms, including Win.- to or delerams from the quantities originally ordered in the specifcarlens or drawings, by vertical or written change order. If any such change affects the amount due or the time of performmce hereunder, an equitable adjustment shall he mere. 5.TERMINATIONS. The Purchaser may at any time by wrnen change coder, terminate this agreement as to any or all pamours of the Rapids then not shipped, subject to any equitable adjustment bctweea the panic as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anriclpied profits on the uncompleted portion of the goods ardor work, for incidental or comquential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good acid hereunder shall have boo produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall aemta and deliver such documents as maybe required to affect or wideace compliance. All laws and regulations raft fired so be incorporated in agreements of this character art hereby incopomted herein by this reference. The Seller agree to indemnify and hold the Purchaser Families from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall ratign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofhe other party. 10. TITLE. The Seller warrants full, clear and considered title to the Par chaar for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liwss, rao-inions, reservations, security interest mcumbmncw and claims of.dura. 11. NONWAI JER. Failure of the Purchaser to insist upon strict perfornauce of the terms and conditions hereof. failure or delay so exacisce any rights or remMiw Provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hemadar or approval ofthc deign, shall not rehave the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hcomfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purPoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms herwf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual ec is practice, overcharge form m antitrust violmiom are in fact home by the Purchaser. Theretofore, forr goad wars, and as consideration for executing this purchon, order, rise Sella hereby assigns to the Purchaser any card all claims it may now have or hereafter acquired under federal or sale antitrust laws for such overcharge relating to the particular goods or se chi w purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to coact nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller themafier 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 nssociated with such work. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of mildr mce of the Party relmsed and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be droned to be, reduced, in any way, Former, such work is performed or wood to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, 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 of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the amended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is com ed, the Seller shall, at its own expense and at its option, either mature for the Purchaser the right to continue using said equipment or parts, replace the same wit substantially equal but noninfringing equipment, at modify it so it becomes naninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or Wmampt, make as assignment for the benerit of creditors, miaaint a or trustee for any of hie Sellers pmpevy M basdws, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of arms used or the iadmiu etntion of the agreement and the rights of all parties hereunder shall be wnsuved under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work Immumeq including the immure, of Sellers Reptescnative(s), on the premises of others. IT SELLERS RESPONSIBILITY. The Seller ahall way not said work at Sellers own risk until the same u Rally completed and accepted, and shall, in eau of any accident, destruction or injury to the work and'a materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials .it quipmmt are ficar Fed by others for installation or erection by the Seller, the Seller shall receive, uulwd, store and image same at the site and become responsible therefor as though such materials nudism equipment were being famished by the Seller under the order. I I. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational discos, benetirs, to its employees employed on 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 or limited to, contractual and ammumde public liability insurance with nobly injury and death limits of to least S3W.000 for any one Person, S500,000 for any e accident and property damage limit per accident of S40ft", The Seller shall likewise require his aromatic, if any, to provide for such compensation and inu moce. Before any of the Sellers or bis crtractors employees shall do any work upon the itemises of orders, the Seller shall famish the Purchaser with a caMfica e that such compensation and insuraoce have been provided. Such mnificues shall specify the date when such compensation and insurance have been provided. Such certifwtes shall specify the die what such compensation and insurance expires. The Seller agrees that such compensation and became shall be mainained until after the entire work is completed and araided. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, less or injury of any kind in cane whatsoever to persons or property caused by err resulting from the execulim of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pua a subject by reason of any act, iclion neglect, omission or deauh em the pan of Ne Sella, any of his transitions, or any of the Sellers or contactors officers, agents or employees. In can, any suit or other proceedings shall be brought against de Purchaser, or its officers, agents or employees at any time on acwuat or by ream. of any act, anion, neglect, omission a default of the Seller of shy of his contractors ar soy of its or their officers, agents or employees as ti onewid, the Sella hereby agrees to assume the defense thereof and to defend the come at roe Sellers own asperse, to pay any and all wets, charge, attomey> fees and other expenses, any and all judgments that may be incurred by or obtained agadss she Purchaser Many of its ar 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 Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otFerwise. The Seller and his contractors shall take all safety precautions, famish and bound all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant therero. Revised BIQ014