HomeMy WebLinkAbout456557 LAND TITLE GUARANTEE COMPANY - PURCHASE ORDER - 9150238Fort Collins
Date: 01/13/2015
PURCHASE ORDER
PO Number Page
9150238 101`2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 456557
Ship To:
FACILITIES DIVISION
LAND TITLE GUARANTEE COMPANY
CITY OF FORT COLLINS
772 WHALERS WAY #100
300 Laporte Avenue
FORT COLLINS CO 80525
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015
Buyer:
DOUG CLAPP
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Blanket Order
1 LOT
LS
500.00
O & E Reports
to cover the cost of O & E reports for fiscal year 2015.
All invoices shall include a description of services and
the property address.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
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
Purchase Order Terms and Condilions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemption. By stamed the City of Fort Collin is exempt form more and land taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000582 is regis aced with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and condition hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Richard grants 1993. Chapter 39-26. 114 (a}
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
branch, the acceptance of or payment far goods herenMer or approval of the twigs, shall col release the Seller of
Good R jated. GOODS REJECTED due to failure as men specification, either when shipped or due a defects of
any of the warranties or obligations of this purchase order and shall not be deemttl a waiver of my right of the
damage is aanit, may be, mumed to you for credit and art not a be replaced except upon receipt of wrinm
prchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
Inmcdansm the Cityf Fon oCalline.
of when shipped, received or accepted, u to any prior or subsequent defauh hereunder, nor shall any purported
oral modification or rescission of Nis purchase miler by the Purthaur operer as a waiver of any i f tho lams
Inspertim. GOODS rust subject to the City of Fort Collins impaction on ended.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment an response to this mr1r can resin, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
command payment on the prat of the City of For Collins. However, it is m be understood but FINAL
Seller and the purchaser rttognize Thal in .tvl no no for pecans, movarm es resulting foam antitrnt
ACCEPTANCE is dependent upon completiorr of all applicable required uapectiw procedures.
violation an, in fact home by the Purchaser. Theretofore, fro good samse and as comidemdon for executing Otis
purchase order, the Seller hereby assign to be Purchaser, any and all claim it may now have or hereafter
Freight Term. Shipments most he F.O.D., City of Fort Collins, IN Wood St, Fort Collins, CO 90522, unless
acquired under behind or state sntio-nt laws for such overcharges relating to the Particular goads or services
otherwise specified on this order. Upermission is given to prepay freight am charge separately, be original freight
purchased or acquired by the Purchaser pursuant to this purchase orde,
bill most areammanv invoice. Additional chorea for tracking will rot he accepted.
Shipment Distance. Where manufacturers have distributing points in vadoos parts of be country, shipment is
expelled from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
shipments are made from greater distance.
Pemda. Seller shall procure at sellers sale cost all necessary permits, certifcate, and heart requited by all
applicable laws, regulation, ordinances and mks of the state, municipality, territory or political subdivision where
be work is performed, or required by any other duly comtiamd public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Pan Collins harmless from and against all liability and loss
incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, ales
madn'tonsureadi
Authorization. All ponies m this contract agree that he representatives me, in fact, bona fide and possess full and
complete author ly to bind said parties
LIMITATION OF TERMS. This Purchase Order expressly limits itesqunce to the terms and conditions stated
herein at Curb and any supplementary or additional arms and conditions annexed hereto or incorporated herein by
reference. Any additional or itinerant erms and conditions proposed by seller are 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 noted. Time is of the essence. Delivery and Performance must be effected within the time
stated on the purchase order and the documents nvched hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this prom ion. In be event of any delay,
be Pushaser shall have, in addition to other legal and equitable remedies, the option of placing Nis order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a reeul, of delays
due a causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofrregligance,
such acts afOad, acts afcidl or military authorities, governmental pnonfies, fires, Shiloh flood, epidemics, wars or
riots provided that notice of the conditions causing each delay is given In the Purchaser within five (5) days of the
time when the Sella first received kmuwledge thereof. In the event of any such delay, the due of delivery shall be
extended for the period equal to the time actually Inn by reason of the delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and wok coaered by Nis order will ronfom with applicable
drawings, specification, samples and/or other description given, will be fit for the purposes intended, and
performed with be highest degree of cart and competence in accordance with accepted standard for wok or a
similar nature. The Seller agrees to hold the Purchuer harmless from any loss, damage or expertise which the
purchaser may suffer or i.e., an.aovt of the Sellers breach of warranty. The Seller steel option, repair or make
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer pmad of
time as may be presented by law or by be toms of my applicable warranty provided by to Seller after be date of
acceptance of the good famished hereunder (acceptance not to be unreawably delayed), resulting from imperfect
or defective work done or materials fum6hod by be Seller. Acceptance or use of goods by the PmcM1azer shall art
couOmte a waiver offs, claim under this warranty. Except as otherwise provided in Nis purchase order, the Sellers
llaallty heeunder shall extend m all damages pmxirm aly caused by the branch of my of be foregoing wartanlias
ch guaramaes. but such liability shall in no event include Ins ofpmfit, or loss of u.. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal toms by women change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from
the quantities naturally sacred in the specilicmam or druwinys, by verbal or women change order. If any such
change affects the amount due or the time of pedomance hereunder, an equitable adjustment,lull be made.
6. TERMINATIONS.
The Purchaser may at tiny time by under change order, terminate this agreement as to any or all portions of the
good then not shipped, subject o any equitable adjustment between be parties as to any work or materials Nan in
progress provided that the Purchuer shall not be liable for any claims far anticipated profits on the uncompleted
portion of the good umber work, for incidental or roasequentud damages, and Nat no such adjustment be made in
favor c f the Sella with tattooer to any goods which are the Sellers saadard stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as a any good delivered heeunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he asserted within thirty (30) days from the data the change or animation is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wamnrs that all good sold hereunder shall have been produced, sold, delivered and famished in an:el
compliance with all applicable laws and reguariom to which be good are subject The Seller shall execute and
deliver such documents m ivy be required to effect or evidence compliance. All laws and regulations required a be
wcoryorated in ii currents of this character are hereby incopomted herein by Nis reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all wets and damages su@red by the Purchaser in a result of the
Sellers fin ure to comply with such law.
9. ASSIGNMENT.
Neither pmy shall .sign, transfer, or canters, this maker. are any monies due or to become due hetermder without thc
prim women ronscnt afthe other parry.
10. TITLE.
The Seller warrants full, clear and brommursed title to be Purchaser for all quipmmt, materials, and item fumisbed
in mbou a of Us agreement, free and clew of any grid ell lices, restrictions, resttva6on, security internal
rc numbrancesc and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe PurtM1utt directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the
Purchaser and be Sit and the Seller therenfler indicates it inability or unwillingness to comply, be Purchaser
may cause the work m he performed by the most expeditious mean available to it, aM the Seller shall Pay all
costs 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 performance ofsuch work.
This release shall apply even in ,he even, of fault of negligence of the party released and shall extend to the
directors, affects and employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not be Beamed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PAT'F.NTS.
Whenever the Seller is required to use any design, device, national or process covered by letter, paten', trademark
or copyright, the Seller shall indemnify, and save formless the Purchaser from any and all claims for infringement
by reason of the use of such marled design, device, material or process in connection with the contract, and
shall indemnify the Purchuer for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or aflu the completion of the work. In case said equipment, or
any part thereof or the intended use of the good, is in such suit held to contimr infoingement and the use of
said aquipmrnt or Wit is enjoined, the Seller shall, at its awn expeme and at its option, either procure for the
Purchaser the right to continue using said equipment or pant replace be same with substantially ',seal but
naninfringing equipment, or modify it. it became noninfrm ing.
15. INSOLVENCY.
If be Seller shall become insolvent or handsome, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers pmpcny or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defnitiom oftcmu nosed are the interpretation ofNe agreement and the rights of all parties hereunto shall be
comlrved under and g our med by the laws of the State of Colorado, USA.
The fallowing Additional Conditions apply wry in cases where be Seller is to perform wok hereunder,
including the stoic. of Scllcus Represenriive(s), an Ue premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellefs own ask until be same is fully completed and accepted, and shall,
in se of my accident, destruction or injury to the wok ardor accounts before Sellers Goal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of be PmeM1utt. When materials
and equipment art famished by others for installation or t. thou by the Seller, be Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials ardor equipment
were being fumishcd by the Seller tanks the order.
18. INSURANCE.
The Seller am[). at his own expense, provide for the payment ofworkers compensation, including occupational
disease benefits, to its employees employed on or in connection with be wok covered by this purchase order,
an por to their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
habilo, iusunmce with tardily injury and death limits of at In— $300,000 for any one prison, $500.000 or any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
ommcars, if any, to provide for such compensation and insurance. Before any of the Sellers or his conimernn
employees shall do any work upon the premises ofo he., the Seller shall famish the Purchuer with a cenifcate
that such compeasmiun and insurance have been provided. Such combat shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify be date when such compensation
and insurance expires. The Seller agrees that such comperumion and insurance shall be maintained until rift., the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller nearby assumes the entire rapousibility and liability fro any and all damage, loss or injury of fury kind
r nature whaamver to persons or property caused by or resulting from the exacmfion of the work provided for in
Nis purchase .the, or in connection herewith. The Seller will indemnify aril hold brood. the Pumhaser and any
or all of the Purchases; officers, agents and employees from and against any and all claim, lasses, damages,
charges or expenses, whether direct or indireat, and whether to persons or property a which the Purchaser may
he put or subject by riser. of any act, sudm, neglect, omission or default an the pan of the Seller, any of his
conmcron, or any of the Sellers or comr.mrs officers, agents or employees. In ere any suit or other
proceedings shall be brought agaimt the Purchaser. or its officers, agents or employers an any lime an ...at m
by reason of any act, ..ions, neglect omission m default of the Seger of any of his cuntramors or any of its nr
ban officers, agents or employers as e( said, the Seller hereby agrees to auume the def thereof and as
defend the same at the Sellers two expense, to pay any and all roars, charges, attorneys firs aM other expenses,
any anal all judgments Out may be incurred by m obtained again, the Prchuer ar any of its or Nev officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be Placed upon or
obtained against be property of the Purchuer, or said panics th or as a result ofsuch suits or other proceedings,
the Seller will at once cause the some, as be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all sa@ry precaution, famish and install all guard n.asxry for be prevention of
accidents, comply with all laws and regulations wit regard to safety including, but without limiation, the
Occupational Safety" Health Act of 1970 and all toles and ca,mmons issued parmavt Unions.
Revised 07n014