HomeMy WebLinkAbout537966 RAFTELIS FINANCIAL CONSULTANTS INC - PURCHASE ORDER - 9143375Fort Collins
Date: 06/17/2014
PURCHASE ORDER
Vendor: 537966
RAFTELIS FINANCIAL CONSULTANTS INC
1031 S CALDWELL ST SUITE 100
CHARLOTTE NC 28203
PO Number Page
9143375 1012
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY OF FORT COLLINS
P O BOX 580
FORT COLLINS CO 80522
Delivery Date: 06/16/2014 / Buyer: PAUL, GERRY
Note:
Line Description 04jantity UOM Unit Price Extended
Ordered Price
Development Fee Study 1 LOT LS 24,680.00
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@fogov.com
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
'Brchase Order Terms and Conditions Page 2 of 2
1. COMMERCIALDETAILS.
Tax excerptions. By state the City of Fort Collins is exempt Earn state and local taxes. Our Exemption Number is
9"502. Federal Excise Tax Exemption Cenifleme of Registry B4fi000587 is tegimered wire the Collector of
Internal Revenue, Dema, Colorado (Ref. Colamdo Revised Senates 1973, Charge( 39-26,114 (a).
Gaol Rejected. GOODS REJECTED due to failure m meet speciGeatiom, either when shipped or due m defects of
damage in transit may be removed to you for credit and are not W be replaced except upon receipt of writer
modalities from the City of Fan Collins.
Inspection. GOODS me subject to me City of Tom Collins inspection on arival,
Final Acceptance. Receipt of the merchandise, services err equipment in response to this oNer can result in
authorised payment on the part of the City of ran Collins. However, it is to be understood that FBJAL
ACCEPTANCE is dependent upon completion wish applicable acquired inspection procedures.
Freight Teats. Shipments mar be F.O.B., City of Fair Collins, 700 Woad St., Fan Calling, CO 80522, unless
arhewisc specified on this order. If permissian is given to prepay freight mad change separately, the ongiral freight
bill most accompany invoice. Additional charges for packing will not be arcepted
Shipment Dismace. Where —far.. have distribming points in smrloas pans of the country, shipment is
expected from the nearest disailatum to, in destingues , and excess freight will be deducted from Invoice when
shipments are made from grate, distance.
Permits. Seller skill procure at sellers sale cost all neassury permits, cerificate, and licenses required by all
applicable laws, regulations, oMiwnces and ales of the sure, municipality, territory at political subdivision where
the work is performed, or cegaired by any other duly dominated public anmodty having jurisdiction over the work
of camm. Seller further agrees to hold the City of port Collins harmless from and against old liability and loss
incurred by them by reamer of as asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All parties W this contract agree that the repreentatica are, in fact been fide and Francis full and
complete itudamty to bind said Ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and aparmoom stated
heroin set form and any supplemennary or additional renns and cmalirimes ornexed hereW or incorporated herein by
nifereme. Any additional or different mans and conditions proposed by seller are objected to and hereby rejoeted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dam as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents anached hereto. No acts of the Purchasers including. without
Intimation. accmmace is partial late deliveries, skill operate m a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and bolding is Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due m causes not reusn ably foreseeable which am beyond its reasonable control and without its fault aringligarev.
such gams of Gad, acts of civil of military authorities, govemmenml prionties, fires, strikes, Bad, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the occur army such delay, the dam ofdelivery shall be
extended fluidic period equal to the time ncNally last by reason of me delay.
3. WARRANTY.
The Seller warrants that all good, article; ma¢rials and work covered by this order will conform with applicable
drawings, specifications, samples andror other descriptions giver Will be fit for the purposes intended, and
performed with the highest degree of rare end competence in accordance with accepted swim r s for work of a
similar games. The Seller agrees to hold the purchaser hamtlesa ram any loss, damage or expense which the
Purchaser may suft of from on account afthe Sellers breach of warranty. no Sella shall replace, repair or make
gaol, without cost to the purchaser, any defects or faults easing within one (1) year or within such longer period of
time as may be preserm ad by law or by the mass of any appi iiable wamnry provided by the Seller after the date of
acceptance of the good famished hereunder (acceptance not to be nutritionally delayed), resulting tram imperfect
or detective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not
institute a waiver of any claim under this waranry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend W all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpmlbs 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 m legal to. by write. change oNer.
5. CHANGES IN COMMERCb TERMS.
The Purchaser may rake any changes to the terms, other limn legal times, including additions to or dele0ons from
me quantities originally ordered ht me specifications or drawings, by verhal or wnten change order. If any such
change infects the amount due or the time of,i fsion. hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wngen change oNer, mmrinme mis agreement as to any or all portions of the
goods men rat shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progrcas provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with mspecl to any goods which am the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as my goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for edjuspri mull he asserted within thirty fill) days from tbe date the change of reco moon
ordered.
8. COMPLIANCE WITH LAW.
The Seller warnings that all goods sold hereurder shall have been produced said, delivered arW Satisfied in strict
compliance with all applicable laws and regulation go which the good arc subject. Thc Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws artd beginning admit to be
ncoryomled in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Pumhasen harmless from all ens¢ and damages suffened by me Purchaser as a mash of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pany shall assign, transfer, or convey this color, or any monies due or to became due hereunder without the
prior written consent ofine emergency.
10. TITLE.
The Seller warrants full, clear and unmn eded title to the Purchaser for all equipment, materials, and imms fundshed
in performance of this agreement, free and clear of any road all liens, mtrictions, reervotiom, security intent
aeumbre.ces and claims of others.
11. NONWAIVER.
Failure of the Purchoser to imisg upon strict perfonmance of the terms arof conditions hereof, failure or delay no
excerise any rights or remedies provided herein or by law, failure no Promptly notify the Seller in the event of a
breach, the acceptance of or Man for goods hereunder or approval of the design, shall not regime the Seller of
may of the warranties or obligations of this purchase order and shall not be droned a waiver of any right of the
purchaser to cretin upon strict performance hereof or any of its rights or comedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate As a waiver of any of the terms
hereof
12. ASSIGNMENT OF ANI 11 RUST CLAIMS.
Seller and the Porch r recognize that in regard economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Thererefofor goad cause and as consideration for executing this
purchase oNer, the Seller hereby cosigns W the Purchaser any and all claims it may now have or hereafter
acquired under federal or auto antitrust laws for such overcharges relating to the particular good or services
purchased or acquired by the Purchaser Pursuant ro this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller go coast nonconforming or defective good by a date to be agreed upon by the
Purchaser and me Seller, and the Seller thereafter indicates its inability car unwillingness to comply, the Purchaser
may cause the work to be Performed by the moon expeditious mcam available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the Fafirrmance ofsuch work.
This release shall apply even in the event of fault of negligence of the any released and shall extend to the
directors, officers and coplayees of such party.
The Sellers contractual obligations, including warranty, shall not be deemed to be caddied, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required m use any design device, material car process covered by later, patent trademark
or copyright the Seller shall indemnify and save hornless me Purchaser tram any cal all claims fro infringement
by reason of me use of such patented design, device, national or process in exile ection With the contact and
shall IrWenardy the Purchaser for any cost expense or damage which it may be obliged m pay by reamer of such
infringement at any nine during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such suit held to condiNce infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the some with substantially equal but
naninfringing equipment or modify it so it becomes noninfringing.
15. INSOLVENCY.
If me Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, affront u
receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the
as Purcher without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofine agreement and One rights of all panics hereunder shall be
consaued under and governed by me laws of the State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is m perform work hereueda,
including the services of Sellers Represegams (s), au me pmnius of.dbers.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the mate is fully completed and accepted, and shall,
in rose of any accident, destruction or injury to me work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the Woisfndom of me Purchaser. When no eriutr
and equipment are famished by others for innal oion 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 and/or equipment
were being humisheJ by the Seller under the order.
18. INSURANCE.
The Seller skill, at his own expense, provide for to payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this punctuate order.
and/or to their dependents in accordance with the laws of the state in which the work is go be done. The Seller
shall also cony comprehensive germal liability including. but not limited to, commercial and aummobile public
liability insurance with bodily injury and death limits of in least $300,000 for any one person, 5500,Oo0 for any
conaccident and property damage limit per patching of S400.000. no Seller shall likewise acquire,his
tractors, irony, to provide fur such compensation and examine. Before any ofine Sellers or his mmmmors
empleyees shall des any work upon the premises of others, the Seller awn hung the Parehaer with a adi ifimte
that such compensation and insurance have been provided. Such certificates shall specify me dote when such
compensation and insurance have been provided. Such certificates shall specify the data what such compensation
and insurance expires. the Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and receptor].
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respomibibl cad liability for my and all damage, [am or injury crony kind
or vmiga whatsoever to Persons or property camN by or resulting from the execution of the work provided for in
this pmchase order or in connection herewith. The Seller will indemnify and hold harmless me Pmchaur and any
no all of the Purchasers if icas, agents and employees from and .,mail any and all claims, losses, damages.
chafes err expenses, whether direct or iMire d. and whom., to persons or property to which the Purchaser may
be put or subject by mama of my act, action, neglect, omission or default on the pang of the Seller, any of his
contactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
prerecdirip shall be brought against the Purchaser, m its officers, agents or employees at any time on account or
by reason of any act action, neglect omission or default of the Seller of my of his contractors or any of its or
their officers, ego.. or employees ens aforesaid, the Seller hereby agrees go assume me defense thermd and to
defend me same at the Sellers awn expense, to Pay any and all costs, charges, etomrys fees and one, expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of ins or their aRcers,
agents or employees in such stairs or other proceedings, and in case judgment or other lien be placed upon or
obtained against the mParty of the Purchaser, or said parties in or as a result of such stain or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guard necessary for me 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 rules and regulations issued pursuant therein.
Revised 03/2010