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HomeMy WebLinkAbout233831 FOSTER VALUATION COMPANY LLC - PURCHASE ORDER - 9145075Fort Collins PURCHASE ORDER Date: 09/04/2014 Vendor: 233831 FOSTER VALUATION COMPANY LLC WEST POINT PROFESSIONAL BLDING 910 54TH AVE, STE #210 GREELEY CO 80634 PO Number Page 9145075 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 09/03/2014 Buyer: ED BONNETTE Note: PER SIGNED WORK ORDERS #APR-06-2014 AND APR-08-2014 FOR FOSTER EVALUATION COMPANY CONTRACT, ATTACHED. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Appraisal 1506 A Horsetooth 1 LOT LS 2,750.00 2 Appraisal 1506 B Horsetooth 1 LOT LS 2,750.00 3 Appraisal 3620 Kechter Rd 1 LOT LS 5,500.00 4 Appraisal 2313 Kechter Rd 1 LOT LS 5,900.00 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@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of FF6rt Collins PURCHASE ORDER PO Number Page 9145075 20f3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 Appraisal W Vine 1 LOT LS 5,500.00 6 Appraisal S College 1 LOT LS 5,500.00 Total $27,900.00 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER 1 98-04501 Federal Excise Tax Exemption Certificate of Refill, 84-6000587 is m,istaed with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and ex nditors hereof, failure or delay to Inamal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the tampon... ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to nice) apecifddiom, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in armil. may be returned 10 you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or ranedies as to any such goods, regardless insmnc[ioa, from the City of Pon Coll it. 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 are Purchaser operate as a waiver of any of the toms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Fire) Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Too Collins. However, it is 1. be understood that FINAL u Seller and the Purchaser raognire that in actual a is practice, overcharges resulting and antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the purchaser. Theretofore, for good dose and as consideration for executing this purchase order, the Seller hereby assigns to be Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments mull he KOH, City of Pon Collins, 700 Wood St, Pan Collins, CO 80522. ..It. acquired under federal or sure cannot laws for such overcharges relating to the particular goods or Services otherwise specified on this order. If permission is given is prepay freight and ch rge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast ecmmpany head". Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacurers have dtmibuting Points in various pans of the country, shipment is If the Purchuer directs the Sellermrorteit... drommanie, or defective goods by a dam as be agreed upon by the expected from the nand, distribution point to destination, and excess freight will be deducted fmm Invoice when Purchased and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be pert ed by the most expeditious means available m i,, and the Seller shall pay all costs associated with such work. Pamirs. Seller shall procure m sellers sole cut all necessary permits, unifimrd and finned required by all applicable laws, regulations, ordinances and cola ofthe sate, municipality, cannot, or political subdivision where The Seller shall release the Purchaser and its contmemrs of any tier f .11 liability end claims of any nature the work is parlDrmed, or required by any other duly overnimsed public authority havingpoisi inion over the work resulting from the performance ofsuch work. of vendor. Seller further agrees to hold the City of Fact Collins hmmless fmm and against all liability and loss incurred by them by reasonconcerned of an ed or established violation of any such laws, regulaione. ordinances, rates This mlese shall apply even in the dent of fault of negligence of the parry releaed sand shall extend to the and requirement, direanrs, officers aM employees ofsuch party. Annunurion. All parties ten this contract ngam her the repnsemalives arc, in fact bona fide and possuds full and The Sellds mmractual obligations, including scummy, shall not be deemed to be reduced, in any way, because romplete aulhonty to bind said pmaid, such work is permitted or caused to be performed by the Pmclmid. LIMITATION OF TERMS, This Purchase Order apressly limits mdeptande to the tams and dahlia. staled herein set toed and any supplementary or additional terms and conditions mnaed hereto or incorporated herein by reference. Any additional or different to= and conditions proposed by seller art objected to and hereby vitiated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Wyatt mnnol make complete shipment 1. arrive on your promised delivery date as noted. Time is ofthe evence. Delivery and performance mail be effected within the rime stated on the purchase order and the documents touched hereto. No azts of the Eardrum, including, without limitation, acceptance of partial late deliveries, shall alienate as a waiver affair prevision. In the event of my delay, the purchaser shall have, in addition to other legal and equitable remedies, IM option of placing this order clsewhem and bolding the Seller liable for damage. Howewm the Seller shall no, be liable for damages at a rash of delays due to causes not reasonably framable which art beyond is reasonable control and without its fault ofnegligence, such acts of God, ants ofavil or military a chontien, govemmmal priorities, fires, strikes. flood, epidemics, wan or hots provided that notice of the conditions causing such delay is given to the Purchase, wild. Fee (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period goal 10 the time zcmally Inv by reomn of the delay. 3. WARRANTY. The Seller wamras that all goods, articles, materials and work coward by this oNer will conform with applicable drawings, specifications, samples md/or other descriptions given, will be f for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmles from my loss, damage or expense which the Purchaser may sulfur or incur on account ofthe Sellers breach of wammy. The Scher shall replace, repair or make good, Warner cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller age' 'he date of ard,onam of the goods famished hereunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective work done or contends famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wananly. Except as otherwise provided in this purchase order, the Sellers liabil try hereunder shall extend to all damages proximately used by ,he breach Of any of the foregoing wro an ais or guarantees, bur such liability shall in no event include lass Of profits or fuss of W. NO IM PLI Eli WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the amand, originally Ordered in ,be specifications or drawings, by verbal or written change order. If any such change aRecs the amount due or the time of pcommumee havandeq an equitable vdjusundut shall be made. 6. TERMINATIONS. The Purchase, may .1 any time by written change order, terminal, this agreement as in any or all portions of the goods then not shipped, subject to any equitable adjustment between the pates as to any work or materials than in magresa provided that the Purchuer ehall not be liable far any claims air anticipated pruatn on the use,, pltled 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 rasped to any goods which are the Sellers standard stock. Na such lemtination shall relieve the Purchuer or the Seller of any of their obligations a to any goods delivered hereunder. ]. CLAIMS FOR ADIUSTM ENT. Any claim for adjustment must be assured within shirty, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations ma,mord to be ncorynmad in agreements of this diameter am hereby incorporated hada by this reference. The Seller agrees to indemnify and bold the Purchase formless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, muter, or covvey this aria, or my monies due or to become due hereunder without the prior wrines exesm, of the other parry. 10. TITLE. The Seller warrants Fall, clear and macstricted tick to the Purchuer for all equipment, mdcrials, and if. famished in perfiomance of this agreement, f and clear of my and all Jan. restrictions, madvatione, security interest d cumbrance and claims ofothas. 14. PATENTS. Whenever the Seller is required 10 use my deiM deice, mataid or process revered by lever, patens, trademark copyright, arc Seller shall indemnify and save hurni the purchaza f any and all claims for managerial by reason of the use of such patented design, device, material or process in counectim with the contract and shall indemnify the Purchaser for my cost expense or damage wblch it may be obliged as pay by reams of such infringement m any time during the precondition or after the completion of the work. In ease said equipment, or any pan thereof or the intended reve of the good, is in such suit held to constitute infirm nment and she use of said equipment or pan is joined, the Seller shall, as its own expense and m its option, either procure for the purchased the rights an continue if, said q.ip. or Trans, replace she same with substantially gaol but tmninlHnging equipment, or modify it so it becomes noninfn'nging_ 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt make an assl"a., for she benefit of creditors, appoint a rcor costa for my of the Sellers property or business, this order may footwear be canceled by the Pu haser with.., liability. 16. GOVERNING LAW. The de0niums, of terms use or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed made and g.earned by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where she Seller is a perform work hereunder, including the servhd ofSallers Re roddr ative(s), an foe premises oforh rs, IT SELLERS RESPONSIBILITY. The Seller shall carry on said work A Seller's own risk until the same is illy completed and accepted, and shall, in e of any accident, destruction or injury to the work andur materials before Sellers firel completion and acceptance, complete the work at Sellers own expense and an the satisfaction of the Purchaser. When materials and equipments are furnished by orders for allegation or eection by are Seller, she Seller shall receive, unload, store and handle same at the site and become responsible therefor ei though such marmots and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, ardor to their dependents in accordance with the laws of the stale in which the work is an be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any accident and property Menage limit per accident of $400,000, The Seller shall likewise ,quire his contractors. if any, to provide for such compensation and insuradd, Before any of the Sellers or his contractors employees shall do any work upon the premise of others, the Seller shall Famish the purchaser with a certificate that such compensation and insurance have been provided. Such renifieald shall specify the data when such compensation and insurance have been provided. Such centfcates shall specify the date when such compensation and insurance waned, The Seller agrees that such compensation and insurance shall be maiinamed.mil .per the entire work is completed and accepted. 19. PROT ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Porchaser and any r all of the Purchasers officers, agents and employee from and against any and all claims, losses, damages, charges or expenses, whether direct at indirect, and whether to persons or property to which the purchaser may be put or subject by reoxn of any act, action, impact, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In tax any suit or oNer proceedings shall be brought against the purchase, or is officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his command or any of its or their officers, agents or employees as aforesaid, the Sella M1ereby agrees to assume the defense thereof and so defend the same at the Sellers awn expense, to pay any and all costs, charges, atmmrys fees and other expenses, any and all judgments that may be incurred by or obained against the Puncheon or my of its or their offices, agents or employees in such suits or other proceedings, and in case judgment or other lies be placed upon or .1 aided against the property of the purchaser, or said parries in or as a mach Of such suits or oNer proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, Tannish and insmll all guard necessary fen the Indictment of accidents, comply with all laws and regulations with regard to safety including, but without Itmttation, the Occupational Safe, and Health Ad of 1970 and all toles and regulations issued p. .dens thereto. Revised 07nO14