HomeMy WebLinkAbout538689 HUMSTONE CONSULTING - PURCHASE ORDER - 9143350Fort Collins
Date: 06/16/2014
Vendor: 538689
HUMSTONE CONSULTING
4420 BINGHAM HILL RD
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9143350 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: COMMUNITY DEV & NEIGHBORH
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 06/16/2014 Buver: ED BONNETTE
Note: PER AWARD FOR 7635 LOOMIS ADDITION HISTORIC CONTEXT TO HUMSTONE CONSULTING.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Loomis Addition Grant
Project #CO-14-016
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&cgov.com
1 LOT LS
19,800.00
Total
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. COMMERCIALDEfAILS.
Tax exemptions. By shim[, he City of Fort Collins is exempt firm stare and local taxes. Our Exemption Number is
11. NONWAIVER,
98-04502. Fedem1 Excise Tax Exemption Certificate of Registry g446000582 is registered with the Collector of
Failure of the Par rouser to insist upon strict performance of the terms and conditions hereof, failure or delay f
Internal Revenue, Denver, Colorado filet, Colorado Rmmised Sources 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a
breach, the acceptance of or payment for good hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall rot be dcemed a waiver of any right of the
damage in uamil may be remained to you for cmd'u and arc not to be replaced except upon receipt of women
purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such goods, regardless
instructions from the City of Fon Collins.
crashes shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any pmponed
oral modification or rescission of this purchase order by the Purchase, operate as a waiver of any of the it.
Inspection GOODS are subject to the City of Fan Collins inspection on arrival.
hereof.
Penal Acceptance. Receipt of he merchandise, services or equipment in response to his order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is f be understood that FINAL
Seller and the Primmer recognize that in oral economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations am in fact home by the Purchaser, Theretofore,mfomr good cause and in consideration for executing this
purchase order, he Seller hereby assigns m the Parchmer any and all claims it may now have or hereafter
Freight Teals. Shipments most be F.O.B., City of Fun Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or slate antitrust laws fir such orm char rs relating to the particular goad or services
otherwise specified on this order. It"norission is given Ia prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for poking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where ..of... have distributing points in oat Farm of the country, shipment a
If the Purchaser directs the Seller to corral rnma rating or def euve goad by a date to be agreed upon by the
expected from the rarest distribution point to destitution, and excess freight will In, deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates iix inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to be performed by the most expeditious mans available to it, and the Seller shall pay all
cos. assocaiat wih such work.
Permits. Sella shall procure at sellers sole cast all reverse, permits, certificates and licenses required by ell
applicable laws, regulations, ondaares and roles ofthe state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public amhoriy havin,jummunon over the work
of vendor. Seller further agrees to hold the City of Few Cal Iins harmless from and against all Iinto l try and lass
incurred by them by reason of an averted or established violation of any such laws, regulalirm..,it owc, roles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and pusses full and
complete authority I. bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional teats and conditions annexed hereb or incorporated luman by
refcrmae Any additional or different erms and conditions proposed by seller are objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complele shipment to arrive on your
promised delivery dale a noted. Time is of the essence. Delivery and performance most be cRecled within the time
stated on the puchum, order and he documents mume l hereto. No arts of the Purchasers incloolm , wittwrm
limi.tion, acceptance of partial late deliveries, shall operate m. w'aimr of this provision. In be even of any delay,
the Purchaser shall have, in addition to other legal and equitable momenta to he option ofplacing this order elsewhere
and loading he Seller ]table for damages. However, the Sella shall not be liable for damages a a result of delays
due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, fires mike4 Rol, epidemics, wars ar
riots provided find notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the
time when the Seller first received knowledge thereof. In he even of any such delay, the data of delivery shall be
extended for the period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all grad, articles, materials and work covered by this under will conform with applicable
drawings, specifications, samples author offer descriptions given, will be fit for he purposes intended, and
performed with the highest degree of care and competence in wcordance with accepted standard for work of a
similar ware. The Sella agrees to hold the purchaser hatmless from any lass, damage or expense which the
Purchaser may suRer a incur. account of the Sella breach of.ly, The Seller shall replace, repair or make
good, without cost to the purchaser, my defects or faults arising within one (I) year r wiWn such longer period of
time a nay he prescribed by law or by the tee army applicable wwmmnry Provided by the Seller after the date of
rereptance of the goods fmished hereunder (acceptance not to be communablY delayed), resulting from imperfect
or defective work done or materials fmish al by the Seller. Acceptance or use of good by he Purchma shall or
owimm a waiver of any claim under his warranty. Except as, otherwise presided in his purchase order, he Shcas
Liability hereunder shall extend to all damages proximately caused by the breach of any of he foregoing warramies
or guarnmees. bur such liability shall in no ,or include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal temis by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changes to the tarts, other than legal action. including additions to or deletions fromm
he quantities originally normal in me specifications or drawings, by verbal or women change order. If any such
change altects the amount due or the time of performance hereunder, w equitable mijmtro m shall be made.
6. TERMINATIONS.
The Purchaser may at any time by worn change oNer, terminate his agreement a to any or all pon wis of the
good the. not shipped, subject many equitable adjustment between the parties as to any work or materials then in
program provided that the Pumh shall nor be liable for any claims for anticipated pmfirs on he uncompleted
Portion of the goods and/or work, for incidental or consequential dani and that no such adjustment be made in
favor of the Sella with respect to any goods which are the Sellers standard stock. No inch remonstrator shall relieve
the Purchaer or the Seller ofany of their obligations m to any good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment most be asened within thirty (30) days from the date he change or tenninmion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced sold, delivered and furnished in strict
ompliance with all applicable lowx and regulations to which the gaud we subject. The Sella shall execute and
deliver such documents as may be required to effect or evidence campliance. All laws and regulations required to be
incorporated in agreement of this character art hereby incotpomfed herein by this refetmce. The Sella agrees to
indemnify and hold he Purchaer hairless from all am. and damages suRered by the Purchaser an a result of the
Sellers failure to can't, with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey, this order, or any monies due or to become due hereunder without the
prior written coeval of the other parry.
10. TITLE.
The Sella warrants full, ]an and wrestriaed title in the Purchaser for all equipment, comals, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
mcumbmnces and claims ofmhers.
The Seller sbull release he Purchosa and its mntmmors of any ties firm all liahiliry and claims of any noure
resulting from the pM crane of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend no the
docamm, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not be deemed la be mducal, in any way, beconse
such work is performed a caused to be abnormal by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device. material or process covered by lever, patent, trademark
or copyright, the Sella shall indemnify and save harmless he Purchaer from any and all claims for amn,ement
by reartion of the usic, of such patented design, device, menteral or process in connection with the container, and
shall indemnify the Purchaer for any rust, expense or damage which it may be obliged m pay by reason ofsuch
inGngemem at any time during the procreation or after the completion of the work. In now said equipment, or
any pal thereof or the Intended use of be goods, Is In such suit held to constitute Infringemml and the me, of
said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for he
Purchaser he right to continue using said equipment or parrs, replace the smog with substantially equal but
nordnhnging equipment, or modify it se, it becomes noninGmnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers progeny or business, his order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The difindtims of lermi used or the interpretation ofhe agreement and fie rights of all parties hereunder shall be
construed order and governed thyme laws of the Slate of Colordo, USA.
The following Additional Cambium apply only in cases where the Sella is f perromm work hereunder,
including the services of Sellers Reprcunmtive(s), on the premises ofoNers.
17. SELLERS REMNONSIBILITY.
The Sella shall cony on said work ad Sellers own risk and the tame is fully completed and accepted, and shall,
in rase of any accident doemantion or injury to the work and/or mmeriam befrm Sellers fail completion and
acceptance, complete he work at Sellers own expense and to the saushetion of the Purchaser, When materials
and equipment am furnished by others for installation or mecdon by the Seller, the Sella shall mauve, anload.
store and handle same al he site and become tesponsble therefor m hough such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, al his awn expense, provide fir the payment of workers compensation, including occupational
disease benefir., m its employees employed on or in connection with he work covered by this purchase calm
andior to their dependents in accordance with the laws of he slam in which the work is to be done. The Sella
shall also carry comprehensive general liahiliry including, but not limited to, conformal and automobile public
liahiliry insurance with Mnily injury and death limits of a least S30c,000 for any one penun. Ssur.oum for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
cantractors, irony, to provide for such compamsation and insurance. Befam any ofthe Sella or hisconnection;
employees shall do any work upon the premises i f others, he Seller shill famish he Purchaser with a caffeine
that such compensation and inummust, have been provided Such ecrufmtra shall specify the dine when such
wmperssation and insttrare have been provided. Such certificates shall specify he date when such romp ostram
and its expitu. The Seller agrees that such compensation and insurance shall be mainesined until aBer the
main work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the afire responsibility and liahiliry for any and all dame,. loss or injury ninny kind
or ware whatsoever 1. ..a, in property caused by or resulting from the execution ofthe work provided for in
his purchase order or in connection herewith. The Seller will indemnify and hold hmmless he Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
chmges or expenses, whether direct or indirect, and whether to persons or property to which he Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or contmcmrs officers, agents or employees. In case any suit or other
proceedings shall be brought against the Prominent. or its officers, agent or employees at my time an warrant or
by reason of any act, action, neglect, omission or default of the Seller of any of his cannot or any of its or
their officers, agents or employees in aforesaid, he Seller hereby agrees on assume the defense thereof and to
defend the same at the Sellers own mprme, to pay any and all costs, charges, attorneys fees end ocher expenses,
any and all judgmrnm hat may be incurred by or obtained against the Purchaser or any of IN or their officers.
.,am or employees in such suits or .,her proceedings, and in eau judgment or other Itm be placed upon m
obtained against he pmperry of he PurNmer, or said parties h or m a result ofsuch suits or other proceedings,
the Seller will at once tutu he more to nd dissolved and disehaBed by giving bond or ofmvise. The Seller and
his contactors shall take all safety precautions, famish and install all games; naessery for the precaution of
accidents, comply with all laws and regulation with regard in safety including, but wthout limimfim, he
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant hello.
Revised 032010