HomeMy WebLinkAbout475160 PIE FORENSIC CONSULTANTS - PURCHASE ORDER - 9103714Date: 7/16/2010
City of I
Fort Collins Purchase Order Number: 9103714
Page Number: 1
Delivery Date: 7/16/2010 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT 16,000.00
Provide Building Enclosure
Desing Review services for the 25% & 100% Construction Documents, per
proposal dated June 28, 2010, and discussions with Eric Amhaus, -
T & E, NTE, per the billing rates.
Total $16,000.00
/ .4*— Invoice Address:
City of Fort CqW1nf Director of Purchasing and Risk Management City of Fort Collins
This order is rtQhaild over $5000 unless signed by James B. O'Neill It, CPPO Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6775 Fax: 970.221.6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt Rom state and local taxes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 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 returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fen Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized
payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE ex
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be P.O.B., City of Fon Collins, 700 Wood St, Too Collins, CO 80522, unless
otherwise specified on this order. Ifp ammon is given to prepay freight and charge separately, the original freight hill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts ofthe country, shipment is expected
tnb from the nearest disulicnpoint to destination, and excess freight will be deducted firm Invoice whens rearms are
made from greater distance.
PermitsSellershall procure at sellers sole cost all necessary permits, certificates and unmans required byall applicable
I—, regulations, ordinances and rules ofthe state, municipality, ternmry or political subdivision where the work is
pertonsed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller fntla ragrees to hold the City ofFon Collins harmless from and against all liability and loss incurred by them by
reason ofor asserted or established violation of any such laws, regulations, ordinances, rules and I equiixmrnts.
Authorization. All parties to this contract agree that the representatives we, in fact, bona fide and possess Poll and
complete authony to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits weeptance to the terns and conditions ardedhenow
set Earth and my supplementary or additional terms and conditions annexed hereto or incorporated boom by reference
Any additional or different terms and conditions proposed by seller are objected to and hereby remorted.
2.DELIVERY
-
PLEASE ADVISE PURCHASING AGENT immediately ifyou ...or make complete shipments an,e on your
Promised delivery date as noted. Time is ofthe essence. Delivery and performance must Na effected within the time
stated on the pw haze order and the documents attached hereto. No acts Of the Purchasers including, without
limitation, acceptance Orgill late deliveries, shall operate as a waiver ofthis provision Inthewentofanydelay,the
Purchaser shall have, in addition to other legal and equitable remedies, the option attract, this order elsewhere and
holding the Seller liable for damag. However, the Seller shall not be liable for damages as a result ofdelays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such ads
of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, was in riots
provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days Of the time
when the Seller fitsr received knowledge thereof In the event oPouy such delay, the dote ofdelivery shall be extended
for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, wonder, and/or other descriptions given, will be fit for the purposes intended, and Performd
with the highest degree of care and competence in accordance with mcooled standards for work ofa similes nature.
The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may ruff Or
incur on account ofthe Sellers breach ofwarranty. The Seller shall repime, repair or make good, without cost to the
purchaser, my defects or faults arising within one (1) year or within such longer period oftimeas maybe pracnbed by
law or by the terror of my applicable warranty provided by the Seller after the date of acceptance of the goods
famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or
reteriais furnished by the Seller. Acceptance or use of goods by the Purchaser, shall not constitute a waiver of my
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 any of the foregoing warranties or guarmrces, but such
liability shall in in event include loss of profits 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 change¢ to legal pima by wnpen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes ro the tams, other than legal toms, including additions to m deletions from the
quantities originally ordered in the specifications or drawiags, by verbal or written change order. If any such change
affects the amount due or the time ofperf nuance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchamrnay at any time by written change order, terminate this agreement as to my or all portions ofda,rods
then not shipped, subject to my equitable adjustment between the parties as to any work Ormmerials then in progress
provided that the Pure seridedi not be liable for my claims for anticipated profits on the uncompleted portion ofthe
goods mNor work, for incidental or consequential damages, and that no such adjuamentbemode m favorofffi let
with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of my oftheir obligations M to my goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within [Bury (30) days from the dam the change or temilnarioo is ordered
6. COMPLIANCE WITH LA W.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject The Selfasholl exewtemdde ive,
such documents or may be required to effect or evidence compliance. All Imes and regulations required to be
inmMomted in agreements of this characterare hereby incorporated herein by this reference The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law_
9. ASSIGNMENT.
Neither Randy shall assign, transfer, or convey this order, or any monies due or to become due hereunder withom the
Prior written consent of the other party.
Ia. TITLE.
The Sellerwavmtr full, clear and unrestricted title m the Purchaser for all equipment, materials, and items thromb din
Perboam., of this agreement, free and deer of my and all lies, astiietio s, row,au, no, security irate a
nmbrmces and clams of others.
I I. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the Mims and conditions hereof, failure or delay to
exercise any lights or trundles provided herein or by law, failure to promptly notify the Seller io the event ofa breech,
the acceptance ofor payment for goods hereunder or approval ofth, design, shall not release the Seller crony ofthe
warranties or obligations ofth. purchase Order and shall not be deemed awalvc fany right ofthe purchaser to insist
upon stria performance hereof at any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted, as to any prior m subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase mr r by the Purchaser operate as a waiver of my ofthe terms hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser remphe that in actual economic practice, overcharges revolting from antitrust ndafions ax
in fact some by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state
antitrvst laws for such overcharges relating to the particular goods or services purchased or acquired bythe Purehaser
Pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct wnconfO d g Or defective goods by a date to h agreed upon by the
Purchaser and the Seller, and the Schar thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be Pei ormed by the latest expeditious means available to it, and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims orally nature resulting
Gam the performance of such work.
This release shall apply even in the event offault ofnegligence ofthe party released and shall extend to the directors,
Aires and employees ofsuch any
The Seller's contractual obligations, including warranty, shall not be deemed to IN, reduced, in my way, because such
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, nerteriai or process covered by letter, parent, trademark or
copyright, the Seller shall indemnify and save harmless the Purchaser firm any and all clams for mfnngepount by reamer
ofthe use ofmch patented design, device, material or process in connection with the contract, and shall mJmmifythe
Purchaser for my cost, expense or damage which it may be, obliged to pay by reason ofsuch infiingement at my time
during the prosecution or after the completion ofthe work. In case said equipment, oranypm th,reofor the intended
e ofthe goods, is in such suit held to constitute infiingement and the use ofsaid equipment or part is tidal the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment or pans. replace the same with sobstulially equal but non-infiinging equipment, or mudiy it so it scones
non-infiinging.
15.1NSOLVENCY.
Ifthe Seller shall became insolvent or bankrupt, make an assignment for the benefit ofaredit.o. appoint atwon,er or
trustee fix r any of the Sellers property on business, this order may fmhwlth be cuncelcol by the Purchaser without
Ill
16. GOVERNING LAW.
The definitions of tenor used or the interpretation of the agreement and the rights of all parties hereunder shall he
construed under and governed by the laws ofShe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Represemalve(s), on the premises of others.
17 SELLERS RESPONSIBILITY.
The Seller shall only on said wank at Seller's own risk until the same is fully completed and accepted, and shall, incase
of my accident, destruction Or injury to the work and/or material befma Sella'e final completion and meptmce,
complete the work ar Sellers own expense and to the satisfaction ofthe Purchaser. When materials and x,tipnerrtare
famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and become responsible therefor as though such materials all equipment were being famished by the Seller
under the order.
18. INSURANCE.
The Seller slmlL or her own expense, provide for the payment ofworkc,, compensation, including occupational diseve
benefits, to its employees employed on or in connection with the work covered by this patches, order, mi their
dependents in ovemdmoe with the laws of the state in which the work is to be done. The Seller shall also carry
comprehensive geneal liability including, but not limited to, contractual and automobile public liability insurmcewith
Why, injury and death limits of at least $300,000 for any one person, $500,000 for my one accident and property
damage limit per accident of $400,000 The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the
promises ofothera the Senershall famish the Purchaser with a certificate that such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have born provided.
Such certificates shall specify the date when such compensation and insmmce expires. The Seller agrees that such
compensation and Ireararme 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 ail damage, loss or injury of my kind or
nnmre wharmever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and anyor all of
the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or
expenses.whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject
by reason of my act, action, neglect, omission or default en the pan of the Seller, any ofhiscontractors, or my of the
Sellers or cannual officers, agents or employees. In case any suit or other proceedings shall be brought against the
Panchor er, or its ofieers, agents or employees at any time on account or by reason ofany act, ration, neglect, omission
or defnuh of the Seller of My of his contracmrs or any 0fits or their officefs, agents or employees as aforesaid, the
Seller her agrees to assume the defense thereof and to defend the same ache Sellers own expense, to pay my and
all costs, charges, atmmeys fees and other expenses, any and all judgments that may he incurred by or obtained against
the Purchaser on any of its or their officers, agents or employees in such suits or other proceedings, and in case
judgment or other lien he placed upon or obtained against the property ofthe Purchaser, or said patties in orm armak
ofsuch suits or other proceedings, the Seller will a once cause thesanm to Ira dissolved and duchargm bygivagbo ld
or Otherwise. The Seller and his a maims shall take all safe, precautions, famish and ustall all guards mxssaryfor
the prevention of accidents, comply with all laws and regulmons with regard to safety including, but without
limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant races.
Revised 03/2010