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HomeMy WebLinkAbout538689 HUMSTONE CONSULTING - PURCHASE ORDER - 9143350 (2)PO PURCHASE ORDER 914335er Page C.It�/ of PURCHASE 43350 1 of z ' `tCollins( Thisnumber must appear V ` on all invoices, packing sli s and labels. Date: 06/16/2014 Vendor: 538689 Ship To: COMMUNITY DEV & NEIGHBORH HUMSTONE CONSULTING CITY OF FORT COLLINS 4420 BINGHAM HILL RD 281 N COLLEGE AVE FORT COLLINS CO 80521 FORT COLLINS CO 80521 Delivery Date: 06/16/2014 Buyer: ED BONNETTE Note: PER AWARD FOR 7635 LOOMIS ADDITION HISTORIC CONTEXT TO HUMSTONE CONSULTING. Line Description Quantity Ordered UOM Unit Price Extended Price Loomis Addition Grant 1 LOT LS 19,800.00 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@fcgov.com Total $19,800.00 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. COMMERCIALDETAU.S. Too excmpfio.. By sfafute the City of FortCollins is exempt from state and local taxes. Our Exemptim Numbar is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Intend Revenue, Denver, Colorado (Ref Colorado Revised Somata 1973. Chapter 39-26.114 (a). Goods Rejected GOODS REMCTED due to failure to meet spe ifiafions, either when shipped or due to defects of damage in cannot, may be tewmcd to you for credit and arc not to be toplaced except upon receipt of written Instructions; from the City of Fort Collim. Inspection. GOODS are subject to the City afFem Collins inspection on arrival. Final Acceptance. Receipt of the membandise, service or equipment in response to this ordtt an result in authorized payment on the part of the City of Fart Collim. Howem,, it is to be understood that FINAL ACCEPTANCE is dependent upon ampletion of all applicable required inspection procedures. Freight Term. Shipments most be F.O.B., City of Fort Collins, 7W Wood St, Fort Collins, CO 80522. unless otherwise specified on this order. Ifpemission is given to prepay Right and charge separately, the original freight bill must eccompavy invoice. Additio.l charges for packinewill rot be acceptM Shipment Distance. Where manufacturers have distributing points in variom parts of the country, shipment is expected from the maret distribution point to destination, and excess Right will be deducted from Invoice when shipments are made from greater d'Is a nce. Permits. Seller shall promote at sellers sole cost all necessary penis, certifiates and lirenam required by ME applicable laws, ruplafions, ordinances and roles of the state, municipality, teatory or political subdivision where Me wank is performed, or required by any other duty emotional public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collim hamlms from and Worst all liability and loss incurred by them by on of an asserted or established violation of any such laws, regulations, ordinances, telex enreason at,iremmrts. Authorization. All pubis In this contact agree Net the representatives see, in fact, ban. Ede and possess full end complete authority an bind said parties. LU9TATION OF TERMS. This Funhase Order expressly limits acceptance to the terms and coMitiona statal herein set fords and any supplementary or additional tcmrs and conditions annexed hereto or incoporated herein by refbrace. Any additional or different arms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as mtd. Time is of the essaee. Delivery and performance most be effaced within the time stated on Me purchase order ud Me documents ahachnd herein. No acts of Me Purchasers including, without limitation, acceptance ofparlial late delivencs, shall operate us a waiver ofthis prevision. In the event of any delay, the Purelmor shall have, in addition to other legal and equitable remedies, Me option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall tool be liable for damage as a result of delays due to causes nos re sombly foreseeable which are beyond its reasonable control and without its fault of negligence. such acts ofGod, ass ofcivil or military authorities, governmental priorities,[ s, sako, flood, epidemics, wan or riots provided Nat notice of the conditions coming such delay is given to Me Purchaser within five (5) days of the time when Me Seller first received knowledge feat[ In Me more ofany such delay, the dam ofdelivery shall be extended for Me period equal to Me fine actually last by mason of fie delay. 3. WARRANTY. The Seller warrants that all goads, articles, motorists end work covered by this order will confam with applicable drawings, specifications, samples ..&or other descriptions given, will be fit for the pupmes intended, and paf ere d with the highest degree of am and campmanam in acordmeu with accepted standards for work of a imRar home. The Seller agree to hold the purchase, heard. farm my dos , damage err epome which fe Puchaer may shier or incur on amount ofuse Sullen beach ofwartmty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faun arising within one (1) Year or within such longer period of time as may be prescribed by law or by Me terms of any applicable warranty provided by the Seller after the date Of acceptance of fie goods Punished haremder (acceptance not In be unreasonably delayed), resulting from imperf t or def five work done or materials fmishd by the Seller. Acceptance or we of goods by Me Purchaser shall rot constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, fie Sellers liability hereunder shall extend to all damages pmximaely roused by Me breach of my of fie foregoing wommim at guarantees, but such liability shhl in an event include bus ofprofts or Ins of., NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. no Funha c r may make changes m legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purmhame may make any changes to the tense, other than legal rams, including additio. 0 or delcdons lam Me quantities originally ordered in the specificmioa or drawings, by verbal or written change order. If any such change affects Ma ...I due or dre time ofpafomanec hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, teminate this agreement as In my err all poliones of the goods Men not shipped, subject to my equitable adjusmcnt between the parties as to my work or materials Men in progress provided Mat Me Purchaser shall not be liable for my claims for anticipated profits m the memni lead portion of the goods and/or work, for incidental or consequential damages, and Mat no such adjustment he made in favor of the Seller with respect to any goods which ate Me Sellers standard stock. No such lamination shall relieve Me Purchaser or Me Seller of any oftheir obligations as to my goods delivered hereunder. 9. CLAIMS FOR AORISTMENT. Any claim for adman—, n—, most be asserted within thin, (30) days from the date the change or termination is .Mere& 8. COMPLIANCE WITH LAW. The Seller warrants that sell goods sold har ada shall have been produced, sold, delivered and finished in sere compliance with ell applicable laws and regulations to which the goods art object The Seller shall execute end deliver such documents as may be required to eft t a evidence compliance. All laws and regulations required to be roe pouted in agrtemenb of this changer are artby incorporated herein by this refrence. The Seller agrees to indemnify and hold Me Purchaser hamless from all costs and damages suffered by Me Furtherer us a result of Me Sellers failure to comply wit such law. 9. ASSIGNMENT. Neither party shall assign, mnsfeq or convey this order, or my monies due Onto became due hereunder without Me prior written cement atee oMe' parry. IO.TITLE. The Seller warrants fill, clear and umatrimad title to Me Purchaser for all equipment, materials, and items fumishN in performance of this e,r unnot, Re and deer of any and all liens, astrictions, ..,an., security interest encumbrance and claims ofomme. 11. NONWAIVER. Failure of Me Purchaser to insist upon strict performance of the terra and conditions hereof, failure or delay to exercise any rights or aemdie provided herein or by law, failure to promptly rmtiy the Sella in the event of a beach, the map.- for payment far goods hacuvdcr or approval ofthe design, shall trot release de Seller of My of the monfir ins or obligations of this purchase order and shall not be clamed a waiver of my right of the purchaser to insist upon sake performance hereofor my of its ogles or mmdie ce to any such goods, regerdlers ofwhM shipped, received or accepted, as to any prior or subsequent default hereunder, nor shill any imported Mat modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the ems hereof. 12. ASSIGNMENT OF ANTITRUST CLAMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimnt violation; am in fact home by Me Purchaser. Theremfamtfor goad ante and m aasideration for executing this purchase order, Me Seller hereby assign to the Purchaser any and all claims it may now have or hamper acquits coda federal or state antitrust lawn for such overcharges relafiog to the particular goods or services purchased or required by the Purchaser Pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct mnconfamivg or defective goods by a date to be agmc l upon by the Purchaser and the Seller, and the Seller thereafter indicates its imbility or unwlllingne to comply, the Purchaser may came the work to be perfomed by the most cxpcdifioax on. available to it, and the Seller shall pay ell costs associated with such work. The Seller shall release the Furtherer and its contractors of any tiff from all liability sod claims of mY nature resulting from the Performance ofsuch work. This toluene shall apply even in the event of fault of negligence of Me party relmor4 and shall extend to the directors, oflic tea and employees ofsuch party. The Sellers conmdnal obligations, including warranty, sail not be damN to be educed, in any way, became such work is performed or arced to be pof dby Me Purchaser. 14. PATENTS. Whenever Me Seiler is required to we any design, device, material or process covered by lemma, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of Me we of such patented design, device, material or process in connection with the comsat, and shall indemnify Me Parlance for envy cost, expense or damage which it may be obliged m pay by reason ofsuch infringement at any time during the prosecution or after the completion of Me work. In case said equipment, or my pad Mcreof or the intended ose of the gods, is in such suit held to constitute infringement and the me of said equipment or part is enjoined, Me Seller shall, at its owes mpeee snd at its option, either promem for the Purchaser the right to continue ming said equipment or parts, replace Me name with substantially equal but noninfdnging equipment, or modify it so it become nounfn'nging. 15. INSOLVENCY. If Me Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a or fmare for my of the Sellers property at busmars, this order may foMwith be canceled by Me Purcbaer without liability. I& GOVERNING LAW. The definitions oftema used or the interpretation ofthe agreement and Me rights ofall parties hereunder shall be ansttad under and Reversed by Me laws of the State ofCdamdo, USA. The following Additional Conditions apply only in axes where the Seller is to pert work haemder, including the services of Sellers Repres aremi e(s), enthe pranism ofothers. IT SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to Me work and/or materials was Scures final completion and acceptance, complee the work at Stiles own experts ead to the saisfaction of the Penchant, When ma m-h and equipment are famished by others for installation or creation by the Seller, Else Seller shill receive, ahead, start ad handle same at Me site and became mo,oasMle femfm as though such matenate and/or equipment wen being flunished by the Seller under this order. 18, INSURANCE. The Seller shall, at his awn aspects, provide for Me payment of workers compensation, including occ putional disease beoefts, to its employees employed on or in transaction with the work covered by this purchase order, ad/or an theb dependants in aaordsom with the laws of the state in which Me work is to be, done. The Seller shall also May comprehensive general liability including, but not limited to, conmemh and automobile public liability insurance with bodily injury and death limits rest least S300,000 for any one person, S500,M) for oily one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contmetom if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employe call der any work upon fe promises of others, fie Seller shall fuvish the Purchaser with a catificam that such compensation ad insurance have been provided Such caNfiates shall specify Me date when such compensation and iasurance have been pmarked. Such ecrtifrms, shall specify the date when such compcovtion and inn muse expires. The Seller eg,ax Oat such compensation and insurance shall be maintained until after the entire work is complete end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby... Me mire responsibility end liability for my and all damage, loss or injury Co.,okind or arurt whatsoever to persons or property owned by or resulting Ras Meexecutionrife work provided for its this purchase order or in rewindemnifyha connection beif. The Seller will and hold Me purchaser and my r all of fie Farrow. officers, agents sec employees from end egm st on, and ell chine, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which Me Purchaser may be put or subject by rea»n of any act, action, neglect, omissien or default on the part of the Seller, any of his contractors, or any of Me Sellers or contractors officers, agents or employee. In case any suit or other proceedings shall be brought against Me Purchaser, or its officers, agrees or employees at my time on account or by ramn of my act, action, neglect, omission or default of Me Seller of my of his contractors or my of its or their offecrs, agents or employees as mooaesei4 the Seller hereby ages to assume the define Neaaf and to defend the same at Me Sellers awn expense, to pay my and all costs, charges, aanmeys Sam and other expc.ce, My and ill judgments Mat may be inured by or obtained against fe Purchaser or any of its or their ofhcem, agents or smployces in such suits or other proceedings, and in cure judgment or other lien be placed upon or Musical against Me pmpeny afNc Purchaser, or said pmier in or. a msash Of such mitt or afar road ings, Me Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, formula and imull tell guards necessary for Me prevaution of accidents, comply with ill laws and roViatio. with regard to safety including, but without limitation, the Occupational Safety ud Health Act of 1970 end ell roles and regulmmo issud pursuant thereto. Revised 03=0