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HomeMy WebLinkAbout233831 FOSTER VALUATION COMPANY LLC - PURCHASE ORDER - 9142045PO PURCHASE ORDER 914204er Page C1171 of PURCHASE 9142045 ' of z F6r} Collins ns This number must appear /_^,'`t_J`-' ` v 1 1 on all invoices, packing sli s and labels. Date: 04/1012014 Vendor: 233831 FOSTER VALUATION COMPANY LLC WEST POINT PROFESSIONAL BLDING 910 54TH AVE, STE #210 GREELEY CO 80634 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 04/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Vine/Shields Intersection Imp WO #APR-02-2014 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 18,500.00 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. COM1AIERCIALDEfAIIS. Tax exemptions. By sutum the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 98-04502. Federal Excise Tnx Exemption Certificate of Registry 84-6000587 is registered with the Collector of Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spaifica0ons, either when shipped or due to defects of damage to mssit, may be, retumN to you for credit and are not 10 be replaced except upon receipt of women instructions from the City of Fort Collins. Inspection. GOODS ate subject to the City of Fort Collins inspection on amsal. Final Accaptanra. Receipt of the merchandise, moie. or equipment in camerae to this order cam result in authorized payment on the Pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Twos. Shipments must be FOB., City of Fort Collins, 10o Wood St., Fun Collins, CO 80522, unless otbawim specified on this orderif permission is given to prepay freight and charge separately, the original freight bit must accompany invoice. Additional charges for packing will nut be, accepted. Shipment Distance. Whom an nefns. have distributing points in serious pans of the country, shipment is expected from the natural distribution point to destination, and excess freight will be shinned from Invoice when shipments are made from greater distance. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms suit conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval oftbe designshall not release 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 round upon striae romance hereof or 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 proposed oral modification or rescission of this purchase order by the Purchaser operate as is waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, o acbm argresulting from antitrust violations are in Earl home by the Purchaser. Theretofore, for good cause and as mnsldemtion for executing this purchase order, the Seller hereby assigns m the Purchaser any rind all claims it may now have or hadel r acquired under federal or state antirmnt laws for such overcharges relating to the particular goods or services Purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hthe Purchaser directs the Sella m concert nonconforming or defective goods by a date to M appeal upon by the Purchaser and the Seller, cad the Seller thereafter indicates its usability or mr olhogness to comply, the Powelo er may cause the work to be performed by the most expeditious mores available to it, and the Seller shall pay all cock associated with such work. Permit. Seller shall prooute at sellers sole cast all necessary permits, ecnificame and licame national by all applicable laws, regulations, ordinances and mice of the mile, municipality, territory or political subdivision where the work is performed, or natured by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of pot Collins hmmless Imo tad against all liability and loss oneincurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles reaviremmk. Aulhoriution. All parties W this contract agree Out the reprcsen datives are, in f t, bona ride and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Ordrr expressly limits acceptance to the temp and conditions stated herein set ford and any aupplementary or additional mmu and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby ported. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to arrive on your prumised delivery date as noted Time is of the essence. Delivery and performance most be created within the time stated on the p..how order and the documents amchd hereto. No acts of the Purchasers including without Emulation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any may, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofphcing this order elsewhere and holding the Seller liable for damages. However, the Seller ahall not be liable for damages in a result of delays due to causes not reasmably foreseeable which are beyond its scamrable control and without its fault of mgligai such ack of God, acts of civil or military aufripes, gavemmental priorities. fins, strikes. Rood, epidemics, wars or riots provided that nofee of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller Beat received knowledge thereof. In the event of any such delay, the date of delivery shall Ee extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples an(Vor other disruptions given, will be fit for the purpoen intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees or held the purchaser harmless from any lass, damage in expense which the Purchaser may suffer or human summers ofthe Selina breach of w gwmy. The Sella shall replace, repair or rake god, without cost m the purchase, any &fee. of faults arising within use (1) year or wifin such longer pond of time as may be, prescribed by law or by the tams army applicable stationary provided by the Seller after the data of acceptance of the goods fumishd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or rue of gad by the Purchaser shall not unstitute a waiver of any claim under this warranty. Except or otherwise provided in this purchase color, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wor acres or guarantees, but such liability shall in m event include loss of profits or loss of rue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Purchaser may make changes to legal terror by women change order. S. CHANGES IN COMMERCIAL TERSIS. The Purchaer may make any changes in the It—, the, than legal terms, including additions to or deletions from the quantities originally ordered in the specifications ar retrial, by verbal a written change order. If any such change affects the amount due or the time of performance hereunder, an equitable oljnstment that be, made. 6. TERMINATIONS. the Purchaser may at any time by wine. change order, terminate this agreement as to any or It potions of the goods that not shipped, subjal to any equitable adjustment between the parties as to any work or materials then in progress provided that the Pumhaer shall not be, liable for any claims for anticipated profits on the wmmpleted panion ofthe goods and/or work, for incidmul or coexamential damages, and that no such adjustment d made in favor of the Seller with respect o any goads which are the Sellars standard stork. No such temrimtion shill relieve the Pu¢hsser or the Seller army of than obligations as so any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or amo earion is ordered. 8. COMPLIANCE WITH LAW. The Seller Ronan. Out all goods said hereunder shall have ban produced sold, delivered and fumished in strict compliance with all applicable laws and regulmom to which the goad are subject. The Sella kind exemm and deliver such documents m may be me,fl d in offer, or evidence compliance. All laws and tegulariom acquired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs rend damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior waimen consent ofthe other party. 10. TITLE. The Seller watmmk fall, clear and umomficted Ode m the Purchaser for all equipment, msterids, and it. fitmisCd in perforromem of this agreement, free and clear of any real all lieu, conditions, nsmalians, security interest mcutMmma and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party ecleaed and shall extend m the dincurs, officers and employees of sum party. no Scllcrs conformal obligations, including waerenty, shall not be deemed to he reduced, in any way, because such work is performed or mused to be performd by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, material or process covered by letter, parem, trademark or copyright, the Seller shall indemnify and save barnlcss 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 ofthe work. In caw said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, 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 substantially equal but noninfnWing equipment, or mdify it so it hcomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bark apt, make an assignment for He benefit of nation, appoint a receiver of trustee for any of the Sellers property or bnsiness, this coder may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definidors affairs owed or the interpretation ofthe agreement and the rights of all ponies hereunder shall he com ord under and governed by the laws ofthe Stem of Colorado, USA. The following Additional Conditions apply only in cams when the Seller is to pttfotm work himader, including the services of Sellers ReprexntativeD). on Ore prtmises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own nsk it the same is fully completed and aceepted, and shall, in case of any arcident, destruction or injury to the work andor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases When materials and equipment are fumished by .,has for imullaboe or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible dinner as though such materials and/or equipment were being fumished by the Seller send. the order. 18. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensatiaa including occupational dice sk benefik, to its employees employed on or in connection with the work covered by this purchase order, candor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall aim any mmpmhemive general liability including, but not limited to, contractual and automobile public liability insurance with Msddy injury and death limits of at least S3W,000 for any one person, S500,000 for any ecidem and property damage limit per accident of 5400,000. The Seller shall likewise require his mntmctors, if any, to provide lot such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ca tificam that such compensation and insurance have been provided. Such certificates shall specify the date when such ompersatim ad insurance have been provided. Such certificates shall specify the dare when such cooperation and moment. expires. The Seller agrees But such compensation and Isumnce shell be maintained ealil niter the entire work is —plan and acrepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby examines the entire responsibility and liability for any and all damage, loss or injury, of any kind in nature whatsoever m persons or property caused by or resulting from the execution ofhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any r 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 be put or subject by pawn of any act, amion, neglect, omission or default on the part of the Seller, any of his mntmctors, or any of the Sellers or constrectook oRicas, agents or employees. In ease any suit of other proceedings shill be brought egaimt the Purchaser, or its oMe., agents ar employees at any time con account of by crown of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their aRccts, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and as defend the same at the Sellers own experue, to pay any and all carts, charges, avomeys fees and other expenses, any and all judgoenk that may be incurred by ne obuind against the Purchaser or any of its or their officers, agents or employees in such was or other proceedings, and in case judgment or other lien be placed upon or obtained against the progeny ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at mace cause the same m be dissolved and discharged by giving bold or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard ram safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles end regulatiofs on pursuan, theme. Revised 03n010