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HomeMy WebLinkAbout275829 BONNIE ROERIG & ASSOCIATES - PURCHASE ORDER - 9150033Fort Collins Date: 01/06/2015 PURCHASE ORDER Vendor: 275829 BONNIE ROERIG & ASSOCIATES 1873 S BELLAIRE ST #1222 DENVER CO 802224359 PO Number Page 9150033 1012 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 01/06/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Appraisals CH Realty, William 1 LOT LS 9,360.00 Slope Easement per work order APR-09-2014 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&cgov.com Total $9,360.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 19M1115 11171 No'tar f114110 G'Ti[i Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute be City of Fort Collins is exempt fmm sate and local nixes. Our Exemption Number is 98U1502. Federal Excise Tax Exmrption Cmificam of Registry 84-SKi)587 is registered mob be Collector of Interest Revenue. Denver, Colorado (Ref. Colorado Revised Sumer 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure ro meet i,a fi=lions, either when shipped or due to defa of damage in transit. may be retumM to you for credit and are trot to M replaced except upon receipt of written im"ctiom from the City of Fort Collins. Inspection. GOODS we subject to be City of Fart Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, sewicn r equipment in response to 'his order canresult in authorized payment on be pan of Me City of PonCollins. However, it is to be understood that FINAL. ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Tom Collins, 700 Wood SI., Fan Collins, CO 80522, unless otherwise specified on this order. Ifpexamsom is given to prepay freight and charge separately, be original bright bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Dance. Where manufacnuers have distributing points in carrous, pans of be country, shipment is expected fmm be nearest distribution point to desuwtion, and excess fright will be deducted fmm Invoice when shipments are made fmm greater distance. Factors. Seller shall procure at milers sole cast all necessary permits, certificates all licenses restricted by all applicable laws, regulations, ordinances and rates of the state, municipality, lerairmy or political subdivision where be work is performed, or required by any other duly constamto public authority havangjmasbction over be work of vendor. Seller fuller agrees to hold be City of Fort Collins hmmlas fmm soul against all liability and loss normal by them by reason of an asseno or established violation of any such laws, regulations, ordinances, soles and rapuiraneca. Authorization. All parties to this contract agree that the representatives are, in fact, bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the team and conditions stated herein act forth and any supplementary or additional coons end conditions aunexed boom or mearpumtN herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date ss noted. Time is of be essence. Delivery and performance must be effected within the time samed on the Forecast, order and the documm s attached haters. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shaft main, as a waiver of Nis precision. In the event Often, delay, be Pumabnser shall have, in addition to other legal and equitable remedies, the option ofplacinrg this order elsewlrcrt and holding the Seller liable for damages. However, the Sella shall not be liable for damage, ne a result of delays due in causes not reasonably foreseeable which art beyond its reasonable central and without its fault of negligence, such acts of Gad, acts of civil Or military, saRwrities, govarmnrnul priordics, fires, strikes. Bond, epidemics, wars or cars provided that notice of be conditions causing such delay is given to be Purchaser within five (5) days of the time when be Seller find received knowledge thereof. In be event of say such delay, be dare of delivery shall be extended far the period apes1 to the time actually fast by reamn of the delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, materials and work covered by this omen will conform with applicable drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sandmd for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Pumluer may suffer or main on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cat to the purchaser, any defeck, or fwRs arising within one (1) year or within such longer Period of time as may be prescribed by law or by the teas of any applicable warany provided by be Seller after the date of raceprence of be goods famished hereunder (acceptance not to be ummso=bly delayed), resulting from imperfat or defective work done or materials firmishod by be Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except o otherwise pmV&d is this purchase order, the Sellers liability hereunder shall extend in all damages proxamiely caused by the breach of any of be foregoing wamnnries or gturaaties, but such liability shall in ass et mt include loss of pmfrs or loss ofa te. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Preform may make changes to legal teats by union change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the ymonfes originally ordered in be spxifrrumns or drawings, by verbal or woman change order. If any such change affects 0re amount due or the time of perfamrence hereunder, an available adjustment shall be mode. 6. TERMINATIONS. The Purchaer may at any time by written change order, terminate this agreement as to any or all pmoure of the goods ben not shipped, subject to any ,unable adjustment between the tonics m many work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on be uncompleted portion of the good motor work, rim incidental or comeyuentaal damages, all that no such adjustment be made in favor of be Seller with respect to any goods which am the Sellers mankind stock. No such mnnination shall motive the Prominent ar the Seller of any oftheir obligations as to any good delivered bactinder. ]. CLAIMS FOR ADJUSTMENT. Any claim for abnormal must bb assmed within bury (30) days fmm be date be charge m lamination is ordered. 8. COMPLIANCE WITH LAW. The Sell. wamenls that all goods sold hereunder shall have been produced, sold, delivered and flunished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be alaiced to effect or evidence compliance. All laws and regulations required 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 fmm all costs and damages suffered by be Purchaser as a result of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfa, or convey gas order, or any monies due or to become due hereunder without the ,riot wrnm cogent of the other party. 10. TITLE. The Seller warranu full, clear and uvrestiered mule to the Purchaser for all apopmen, material, and it. fumlhed in performance of this agreement, fee and clew of any and all lie=, rea rivions, raeraait—, security intent encumbram ex and claims afothers. 11. NONWAIVER. Failure of be Purchaser to hour upon strict perfomantt of the temu and coditons hereof, failure or delay Or eany rights or remalm, muciderein or by law, failureeva to promptly Mod, the Sella in she r of a bxieeicn. d heOre acc,.— ofnr paymeat for goods hereunder or approval fthe design, sham not relese the Server of any of the wamnries or obligations of this purchase order and shall nit be dinned a waiver of any right of the purchaser Ir halt upon strict performance hermfor any of its rights or remedies as many such goad, regardless of what shipped, received or accepned, as to any it., or subsequent default hereunder, We shall my morponal am[ modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Prommuer recognize that in school economic practice, overcharges resulting from anriwsl violations are in fact home by be Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, be Seller hereby scarps to the Purchaser any and all claims it may now have or hereafter acquired under Robert or state antitrust 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. If the Pumhmar directs be Seller to cmrei nonconf ing or defective goods by a date to be agreed upon by the Pommor and the Seller, and the Seller thereafter indicates its inability or unwallfrgncss to comply, the Purchaser may ounce be work in be performed by be most expeditious means available to it, soul the Seller shall pay all costs Associated with such work. The Seller shall release the Pomhaser and its ommacrors of any tier from all liability and claims of tiny =lure auhbg firm the performance of such work. This releae shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not be deemed to ha reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by reason of the use of such patented desigq device, material or process in connection with the contract, rod shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such infringement at any time during be prosecution or offer the completion of the work. In case said equipmem, or any pan thereef or be intended use of the good, is in such suit held m constimre infringement and the use of said ap.i,mmt or pan is joined, be Seller shall, at its own expense and at its option, tither prom. far the Proclaims, that right to continue using said equipment or pans, replace be same with substantially egunl but no infnnging,ulpmem, or modify it an it becomes nonanfnging. 15. INSOLVENCY. If the Seller shall become insolvent or honoupi make an acsignmem for the betels of creditors, appoints waver or coname for any of the Sellers property or business, this order may forthwith be canceled by be Purchaser without liability. I& GOVERNING LAW. The defnitiov of coma used or be interpretation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the Sate ofColamdo, USA. The following Additional Conditions apply only in was where the Seller is to perform work hereunder, including the services of5ellers Represermove(s), on the premise ofmoom 17. SELLERS RESPONSIBILITY, The Seller shall carry oa said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work unfair material before Sellers Real completion part .Mo., anmplete the work at Sellers own expense ao to the satisfaction of be Purchaser. When materials and equipnmrn are fiuolhed by others rim installation or common by be Seller, the Seller shall alive. md,d, stare all handle same at the site all become responsible therefor as bough such materials Oat quipment were being famished by be Saner under the order. 18. INSURANCE. The Sella shall, at his own asperse, provad for be payment of workers comperearmin, including occupational disease benefits, to its employees employed on or in connection with be work covered by this purchase order, arnVor in their dependents in accordance with the laws of the state in which be work is to be done. The Seller shall also carry comprehensive general liability including• but not limited to, contractual and automobile public liability lourance with bodily injury and death limits of at least S3 W,WO for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise rapture his comartwom, if any, to provide for 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 be Purchaser with a certificate that such compensation and Romance have been provided Such cenlficara shall specify the date when such compensation and insurance have been provided. Such ceni/cams shall specify the die when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after, 0e, more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be attire responsibility and liability far any and all damage, loss an injury of any kind or mature whatsoever to persons or property caused by or resulting fmm the exception ofdre work provided for in this purchase order or in connection herewith. The Seller will indemnify=it hold harmless the Purchaser all any r all of be Purchaers officer, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and wheber to Fersoo or property to which the Purchaser may M pi or subject by reason of any act, action. neglet, omission or default on be part of be Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or by reason of any act, action, neglect, omission or defauh of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume be defense thereof and to defend be same at the Sellers own expense, to pry any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained Winner be Purchaser or any of its or their officer,, agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or obtained against be property of the Purchaser, or said parties in or as a result of such suits or other proceedings, be Seller will at once cause be same to be dissolved and discharge by giving band or otherwise. The Seller and his contractors shall cake all safety paautions, famish and ini all guard ancestor, for be preveiaon of accidents, comply with all laws anal regulations wag regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all soles and regulations issued pursuant threat Revised OMO14