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HomeMy WebLinkAbout233631 FOSTER VALUATION COMPANY LLC - PURCHASE ORDER - 9150369PO PURCHASE ORDER 915036er Page CI�/ of PURCHASE 50369 t of z ' `t Collins( hisnumber must appear v 1 1 on all invoices, packing sli s and labels. Date: 01/15/2015 Vendor: 233831 Ship To: ENGINEERING DIVISION FOSTER VALUATION COMPANY LLC CITY OF FORT COLLINS WEST POINT PROFESSIONAL BLDING 281 N COLLEGE AVE 910 54TH AVE, STE #210 FORT COLLINS CO 80521 GREELEY CO 80634 Delivery Date: 01/15/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Drake/Shields Intersection Imp 1 LOT LS 19,500.00 WO #January 6, 2015 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 2 of 2 I. COMMERCLU.DEFAIIS. Tax exemptimts. By statute the City of Fort Colors is exempt from state and local razes. Our Exemption Number is 11. NONWAIVER. 98-0 502. Federal Excise Tax Exemption Cmificate of Registry 84-M(10587 is reginered with the Collector of Failure of she Purthra as insist upon sum perfamtantt office terms and ..data. hereof, failure or delay to Intend Revenue, Drover, 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 Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase oNer and shall not be deemed a waiver of any right of the damage in tormip may be retumd to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance harmfor any arias rights or remedies as to any such goods, regardless infractions from rise city effort Collirv. of when shipped, received or accepted, as 0 any prior or subsequent default hereunder, nor shall any puryoated oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject m the City of Too Collins Expiration an orrival. hereof. Final Acceptance. Receipt of the merchandise, seromes or equipment in response m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Too Collins. However. it is or be understand that FINAL Seller and the Purchaser recognize that in actual eeommic practice, overcharges resulting from submit ACCEPTANCE is dependent upon completion of all applicable capital inspection procedures. vials tiom ate in fact fame by Ore Pmchasa. Themofore, far goad cause and ss consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tarim. Shipments must be F.O.B., City of Fort Collins, 70A Wood St, Fort Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to the particular goads, we services otherwis, specified on this ardor. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser promant to this purchase order. bill must accompany invoice. Additional charges far packing will not be accepted. I3.PURCHASERS PERP EOF SELLERS OBLIGATIONS. Shipment Where manufacturers have disNbun nand points s parts the country, m is nonconforming m d by a Bess to agreN an byParch the @e Super a o ods,unwillingness hi flala IfthPurrs S thee. from poi refight a voice en from the nearest distribution poise to destination, end excess freight will be deducted from Invoice when Cher co ability or the Purchaser and the Seller, and the Seller indicateson inability or unwillingness to a aserPurand the Seller, and indicates shipments arc made from greater distance. ship he Seller may cause the work to be performed by the must expeditious means available m it, and the S<Iler shall pay all may cam three a costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, amulamrs, on inances and rates of the stare, municipality, reunion, or political subdivision where the work is Refrained. or required by coy other duly rorsstimted public authority having jurisdiction over the work of vendor. Sella fuller agrees to held the City of Fort Callow harmless from and against all liability ward toss incurred by Oem by reawn of an mended or established violation of any such laws, regulations, ordiwnces, roles and requirements. Authorization. All parties to this commit agree that rise representative are, in fact, form fide and possess full and complete authority to bind said panics. LI MIT A'I'ION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any adOR...I or different men¢ 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 arrive on your promised delivery date as most. Time is of the essence. Delivery and importance most he effected within the time stated on Ore purchase maker and the documents attacM1ed hereto. No acts of the Purchasers including, without limitation, acceptanre ofpmial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Towboat, shall have, in addition to other legal and equitable remedies, the option dplacing this order elsewhere and holding the Sella liable for dmnagea. However, the Sell,, shall not be liable far damages as a ¢stint of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, firmamental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Powlarn ar within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period mual to the rime actually last by reason of the delay. 3. WARRANTY. The Sella warrants Oat all grads, articles, rnmerials all work covered by this order will conform with applicable drawings, specifiemom, samples adrar other dessnptioa< given, will be, fit for the proposes traded, and Petitioned with the highest degree of are and ctmletmce in accordance with accepted standards for work of a similar ruture. The Sella agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may rather or incur on account of the Sellers breach cf war my. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the teens of my applicable warranty provided by the Seller eBe, the J.ate of acceptance of the goods famished hereunder (acceptance not to be un izaaambly delayed), remising from imperfect or defective work done or materials furnished by me Seller. Acceptance or use of goods by Oe Purchaser shall at constitute a waiver of any claim under this warranty. Except as otherwise provided m dais purchase order, the Sellers liability hereunder shall extend to all damages proximately card by the breach of any of the foregoing wanamies or guarantees, but such lubiliry shall in no event include loss of profits or lass of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal arms by wrten clung, oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may sake any changes to the terms. other Nan legal arms, including additions to or deletions from the gminnom originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofirmormance hereunder, an equitable adjustment shall be made. 6. 1 ERMMATIONS. The Purchaser may at any time by written change order, mormatc this agreement as to any or all Wnimas of the goods ten not shipped, subject to any equitable adjustment between the parties as to any work or mutm mils then in progress provided Our the purchaser shall scat be liable for any claims nor anticipated Profits oa Oe max mpined portion of the good andtm work, for incidental Or seas yuential damages. and Or na such adjustment be made in favor of the Seller with respect m my good which are Oe Sellers mordard stock. No such confirmation shall mieve no Purcoaur or the Sella ofany of their obligatons m to any good delivered he xa den. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Obry (30) Jays from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good said hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations or which the goods art subject. The Seller shall execute and deliver such documents as may h required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this cluracter are hereby incorporated hacin by this reference. The Sella agrees to indcnutify and hold the Purchases harmless farm all cosrs and damages suffered by the Particular as a result of Oe Sellers ftilum a amply with such law. 9. ASSIGNMENT. Neither parry shall axsim, transfer, or comet' shin order, or any monies due or to became due hacunder without she prior women consent of the other parry. 10. TITLE. The Seller warrants full, clear and untrammeled title to Oe Purchaser for all equipment, materials, and items Ibmished in zerfam mace of this a"comm. face ad car of my and all liens. restrictions, mervrions, security interest encumbrances and claims of others. The Seller shall ml. roe Purchaser and irs contractors of any tier farm all liability and claims of any tram, anallmg farm the sermmunce afmcb work. This vase shall apply even in Oe event of fault of negligence of the party relased and shall extend to the diramrs, officers and employees ofmch parry. The Sellers contairmal obligations, including warranty, shall not be deemed in be reduced, in any way, because such work is perforated 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 lever, patent, pademak r copyright, the Seller shall indemnify and save barriers the Purchaser from any and all claims for InGngemens by reason of the me of such patenud design, device, material or Prmesr in connection with the contract, ad shall indemnify the Proximate for any cosy, expense or damage which it may he obliged to Pay by reason of such infringement at coy time during the prosecution or after red completion of the work. In case mid egWpmrn4 or any part thereon or the intended tore of We goads, is in such suit held as constime infiingement and dre use of said muipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but na nnGrnging equipment, or moth fy d an it becomes munfbruing. 15. INSOLVENCY. If the Seller shall become insolvent or bwa 4mpt make an assignment for Oe benefit of creditam. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definnionv of terms used ..he interpretation offs, agrtemem all On rights of all parties hereunder shall be connmed under all governed by the laws of the Sate ofColoado, USA. The following Additional Codiliore apply only in eases where the Seller is m perform work hereunder, ivdudvg Oe services of Sellers Representalive(s), on Oe premises of tOers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the mine is fully complaed and n<cepeal, and shall, in e of any accident, destruction or injury to the work maker materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials and mu,,.mt re famished by others for insmllmion or station by the Seller, Oe Seller shall receive, uWod, shire not hurdle same at the site and become rapmaible therefor m tough such materials anther equipment were being Rumored by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers mnvpeaatim, including occupational disease benefits, to its employees employed on or in connection with the work covered by OR purchase oNer, and/or to their dependents in accordance with Oe laws of the same in which the work is to 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 as tarot $300,000 for any one person, $50num far any are avoided and property damage limit pa accident of $400,000. The Seller shall likewise bargain, his contractors, 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 Sella shall famish the Purchase with a certificate Oat such compensation and insurance have been provided. Such certificates shall specify the dam when such om inuation and insurance have been provided. Such certificates shall specify Oe dam when such compensation and became expires. The Sella agrees Out such compensation and insurance shall be, maintained until after the more work is completed and asaw ted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asses the entire responsibility and liability for any and all damage. loss or injury ofany kind m nature whatsoever to Fairmont or property, caused by or resulting from Oe execution of the work provided for w this puehaso order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of Oe Purchasers ofticers, agents and employees from and against any end all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or parPmy to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of to Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purcl aow. or its officers, agents or employees at any time on account or by reason of any act, action, ncglem, omission or default of the Sella of any of his contractors or any arms or their officers, agents or employees as aforesaid, the Sella heathy agrees m assume the defense thereof ad to defend the same r Oa Sellers nun experts,, or pay my and all cos¢, charges, ancmeys fees and other emarea, any and all jndgmrnu Oat nay be incurred by o obuincd against the Purchaser or my of its or their officers, agents or employees in such suits or other Proceedings, and in eau judgment or other lien be pUmd upon m obtained against the Repay of the Porchmeq or said parties in or as a resWt of such suits or other proceedings, Him Seller will m once cause Oe same to be dissolved and dicMrmd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and instill all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limialion, the Occupational Safety, and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised OM014