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HomeMy WebLinkAbout127796 BBC RESEARCH & CONSULTING - PURCHASE ORDER - 9117270City of Fort Collins PURCHASE ORDER Date: 12/08/2011 Vendor: 127796 B B C RESEARCH 8 CONSULTING ATTN: SHAWNA WENDLAND 3773 CHERRY CREEK N DR #850 DENVER Colorado 80209-3827 PO Number Page 91.17270 1 °fs This number must appear on all invoices, packing slips and labels. Ship.To: CDBG CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 12/07/2011 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price'. 1 FY11 Fall -City of Fort Collins 1 LOT LS 25,000.00 Analysis of Impediments PER AWARD FOR 7271 Analysis of Impediments to Fair Housing Choice. c3. on.:-9es� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 $25,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By studio, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Exeisc Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Stadites 1973. Chapter 39-26, I14 (a). Goods Rejected. GOODS RFIE CTED due to failure to met specification,, either when shipped or due to defects of darnage in transit. may be rctumed to'you-for credit and arc not to be replaced except upon receipt of written instructions from the City of Fart Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. Page 2 of 2 11. NONWAIVER. Failure of the Purchaser in insist upon strict performance of the tents and conditions hereof, failure of dclav to exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Sclla in the arm of a breach, the acceptance of or payment for goods hu u nda or approval of the design, shall not release the Seller of any of the 0arointics or obligations of this purchase order and shall not be deemed a waiter of any right of the Purchaser to insist upon strict perfo mane, hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequal default hereunder, nor shall any purported coil modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tcmts hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proeedurcs. 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 Purchaser any and all claims it may now have or h reaner Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuam to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where, manufacturers have distributing points in various pans of the country, shipment is expected from the parcel distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. ' Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and colds 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 Fad Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laus, regulations, ordinances. rules and requirements. Authorization. All panics to this eontmd agree that the representatives are, in fart, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limit, acceptance to the tents and conditions stated herein set faith and any supplementaryor additional terms and conditions annexed hacm or incorporated hacin by reference. Any additional or different terms and conditions proposed by Sella are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your promised delivery date as noted. Time is ofihe essence. Delivery and performance must be effected within the time siataVon the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late dclivTrics, shall operate as a waiver ofthis prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this cider elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to anises not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligawc, such acts ofGnd, acts ofcivil or military authorities, governmental priorities, rims, strikes, flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser 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 equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work coveted by this order will conform with applicable drawings, specifications, samples and/on 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 Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, uitheut cost to the purchaser, any defects or feulis arising within one (1) year or within such longer period of time as may be prescribed by law or by the term, ofany applicable uananty, provided by the Sella after the date of accepancc of the goads furnished hereunde, (sowpunw, not to be unreasonably delayed), sorting from imperfect of defective work done or materials furnished by the Sella. Acceptance or use of goods by the Purchase shall not constitute a waives ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability Immunder shall extend to all damages proximately caused by the breach of any of the foregoing warrant ics or guamnaws, but such liability shall in no event include loss of profits 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 order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm 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 ofperfa-mana hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tarninate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which arc the Sellers woodland stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hacunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and delivu such documents ns may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all cats 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 parry. IO.TITLE. The Seller warrants full, clear and umatricicd title to the Purchaser forall equipment, materials. and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservation. security intar9 emmmbmoea and claims ofothers. 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 thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious meansavailable to it, and 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 of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, bodow 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 indemnifv and save harmless the Purchaser fmm 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 of such infringement at any time during the prosecution at after the completion of the work. In case said equipment, or any pan 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, citha procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent of bankrupt, make an assignmem for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmw used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllcrs own expanse and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employs employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry eomprehca,ivc general liability including, but not limited an. contractual and automobile public liability insurance with bodily injury and death limits ofat ]cast 5300.000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers a his contractors employees shall do any work upon the picinises of olhers the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such catificams shall specify the date when such compensation and insurance have been provided. Such catiftcata shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire raponsibi]ity, eM liability for any and all damage, loss or injury ofany kind or radio, 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 hi nnlcc the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pasonS or property to which the Purchaser may be put or subject by reason of any act, action, neglect. omission or default on the part of the Scllcr, 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 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 contractors or any of its or their officers, agents or employers as aforesaid, the Sella hereby agma to assume the defense thereof and to defend the same ai 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 officers, agents or employees in stash suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in Or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards nceessary for the prevention of accident,. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010