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HomeMy WebLinkAbout466669 BISHOP-BROGDEN ASSOC INC - PURCHASE ORDER - 9112133 (2)Fort Collins PURCHASE ORDER PO Number Page 9112133 1of2 This number must appear on all invoices, packing slips and labels. Date: 04/14/2011 Vendor: 466669 Ship To: NATURAL RESOURCES BISHOP-BROGDEN ASSOC INC CITY OF FORT COLLINS 333 W HAMPDEN AVE SUITE 1050 200 W. MOUNTAIN ENGLEWOOD Colorado 80110 FORT COLLINS Colorado 80521 Delivery Date: 04/14/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Augmentation Plan 1 LOT LS 26,700.00 Engineering work to prepare an augmentation plan for Prospect North/Milne Pit and to change the use of four Boxelder Ditch shares Total $26,700.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By sesame the City of Fort Collins is exempt from state and local taxes. Our Exemption No mbar is 11. NONWAI VER. 98-0, 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the Isms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statues 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in file event of a brcnch, the acceptance of or payment for goods hereunder for approval of the design, shall not release file Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any of file warranties or obligations of this purchase order and shall not be deemed a waiver of nny right of the damage in transit, may be rcmmcd to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcomfor any cries rights or remedies as fo any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purehtesc order by the Purchaser operate as a waiver ofany of the terms Inspection. GOODS arc subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in l2. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fen Collins. However it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitms ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pnrchascr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins. CO 80522, unless rcquircd under federal or state amitmsl Imes for such overcharges relating to the particuler goods or services otherwise specified on this order. If %emission is given to prepay freight and charge separately, the original (might porch. peel or acquired by the Purchaser puraunm to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacamrs have distributing points in various parts of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pemrits, certificates and licenses required by all applicable laws, regulations, ordinances and ales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Too Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances rides and requirements. Andom ztinn. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns 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 noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limilatinn, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable, remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control end withom its fault of negligence. such acts of God, acts fcivil or military authorities. govcmmenml priorities, fors strike. need, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of file 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 equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by This order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from anv loss damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warmnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year for within such longer period of time as may be prescribed by law or by the terms of any applicable warmnty provided by the Seller after the date of acceptance of the grads famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or vas of goods by the Purchaser shall not constime a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED 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 aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperimmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bob cca the panics as to any .work Or mmcrials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted auction of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment mast be asserted within thirty (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable lows and regulations to which the goods are subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required In be incorporated in agreements of this character arc hereby ineorpomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless 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, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all cqu ipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of Olhcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller and the Seller ihcreaf er indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs rssocirmd with such work. The Seller shall release the Purchaser and its contractors of ray tier from all liability and claims of nny nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directorsofficer, and employees ofsech party. The Seller's contractual obligation%, including warmnty, shall not be deemed to be 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, trader irk or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofareh infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment 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 subsmntially equal but m aimfiringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver for trustee for any of the Solicits property or business, this order may fOnhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnition, fterms used or the interpretation ofthc agreement and the rights ofrll panics hereunder shall be construed under and governed by the laws offl e State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfomu work hereunder, including the services of Scllcrs Reptexcretative(s), on the pmmiscs of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed rod rccepted, and shall, in ease orany accident. destruction or injury to the work and/or materials before Seller'% fail completion and acceptance, complete the work at Seller's aswre expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive unload, store and handle sane at the site and become responsible therefor as though Steil materials and/or equipment were being furnished by the Seller tender file order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/for to their dependents in accordance with the Taws of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and antomnbilc public liability insurance with bodily injury and death limits of at Icost S300,000 for any one person. 5500.000 for ern, one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance Bcforc any of the Sellers or his contractors employees shall do nny work upon the premises of others, the Seller shall famish the Purchaser with a certificrtc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such venifteates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all drmrec. loss or injury of anv kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided fro in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and anv or all of the Purchasers affects, agents and employees from and ngansi any and all claims losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceeding% shall be brought against the Purchewr, or its officer,, 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 contractors or any of its or their officers, agents or employees as nfinenid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcets., agents or employees in such suits or other proceedings, and in case judgment or Other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsucb suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety preconums, furnish and install all guards necessary for the prevention Of accidents, comply with all laws and regulations with regard to ,fdy including, hot without limitation, the Occupetional Safety rod Hcnith Act of 1970 and all ndes and regulations issued pursuant thereto. Revised 01/2010