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HomeMy WebLinkAbout275829 BONNIE ROERIG & ASSOCIATES - PURCHASE ORDER - 9117285PURCHASE ORDER PO Number Page City Of 9117285 1 of z Fort Collins This number must appear /+^ on all invoices, packing slips and labels. Date: 02/27/2012 Vendor: 275829 Ship To: ENGINEERING DEPT-MASON BONNIE ROERIG & ASSOCIATES CITY OF FORT COLLINS 1873 S BELLAIRE ST #1222 ENGINEERING DEPT-MASON DENVER Colorado 80222-4359 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 12/09/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Phase V Appraisals 1 LOT EA 1,000.00 PO Correction Total $1,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-(4(10587 is registered with the Collector of Failum of the Purchaser to insist upon strict perfrmanee of the terms and conditions hereof. failure or delay in Internal Revenue, Denver. Colorado (Ref. Colorado Revised Son te, 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly Coati fy the Set let in the event of a breach, the acceptance of or payment for goods hacunder or approval of the design. shall not release the Seller is Goods Rejected. GOODS REJECTED due to fai lore to meet specifications, either when shipped or due to defects of any of the warm mitt or c6l igations of this purchase order and shall not be deemed a waiver Many right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of weirs purchaser to insist upon strict performance hemnfor any of its rights or remedies as to 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 nml mndi fi cation or rescission of this purchase cancer by the Purchaser operate as a waiver of any M the teats Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereto. Final Acceptance. Receipt of the merchandise, services or equipment in response to this color can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. inthonred payment oa the pan of the City of Fort Collins. Ilowever, it is to he understood that FINAL. Sc11cr and the Purchaser recognim that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent opon completion of Coll applicable required inspection procedures. violations are 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 hereafter Freight Terms. Shipments must be KOM.. City of Fort Collins. 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antionst laws for such overcharges evicting to the particular good or services otherwise .specified on this order. If permission is given to prepay freight mol charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the crnmhy, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the m expected frothe nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and fire Seller, and the Seller thereafter indicates its inability arunwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the mall expeditious means available to it and the Seller shall pay all cost asseeiatcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses rcquircd by all applicable Imes, regulations, ordinances and rates of the state, municipality, ministry or political snMlivisinn where the work is perfomed, or required by any other doly constituted public antra ity hewing jurisdiction over the work of vendor. Seller (under agrees to hold the City of Fort Collins hamlcss from sad against all liability and loss interred by them by reason of an asserted or established violation of any inch Ines. repudatinns, ontimoccs. ndcs and requircmcnts. Authorization. All parties to this contract agree that the rcprescnmtives arc, in fact, bona fide and possess full and complete authority to hind said panics, LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the toms anti conditions stated herein set fond and any supplementary or additional toms and conditions annexed hcrcto or incorporated herein by reference. Any additional or di rcrent terms and conditions proposed by scl let 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 no the Purchase order and the docnmcnt attached hcrcto. No acts of the Purchasers including, wifl not limitation, acceptance of genial late deliveries, shall operate as a waive of this provision. In the event of Cony delay, the Pumhascr shall have, in addition to other legal and equitable remedies, the option ofplaeing this order elsewhere and holding the Seller liable for damages. Hovv%cr, the Seller shall not be liable for damages is a result of delays duc to causes not reasonably foreseeable which are beyond it rcnsonablc control and without its fault Mnegligence. such acts cfGod, acts ofeivil or military authorities. gmcmmcnlal priorities. fires.strikes. Hood, epidemics. wars or riots 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 ofany such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason of the delay. a, WARRANTY. The Seller warrants that all goods, articles, materials and work covered by Isis order will conform with applicable drawings, specifications, samples Sadler other descriptions given. will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for nnrk of n similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account Mthe Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as cony he prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished herconder (acceptance not to be unreasonably delayed), resulting from imperfect or dcfceivc work done or materials fitmishod by the Seller. Acceptance or use of goods by the Pnrchascr shall nor constitute a ssaivcr ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability herela du shall extend to all damages proximately caused by the breach of any of the foregoing wamntic, or guarantees, 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 temt, 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 Cony such change affects the instant disc or the time ofperfommncc hereunder, an equitable adjustment shall be made. 6. TERM INATIONS. The Pumbascr may at any time by written change order, tcrranate this agrecmcut as to any or all portions of the goods then not shipped, subject In any equitable ndjustnrent bo wccn the panics as to any work or mnterinls then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller airh respect many goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations is to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is onicred. R. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such document as 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 Seller agrees in indemnify and hold the Purchaser harmless from all costs and damages suffered by rife Purchaser as a result of the Sellers faihme to comply with such law. 9. ASSIGNMENT. Ncithcr party shall assign, transfer, or convey this order, or any nmvics due or to become dine bcrcander without the prior written consent of the other party. 10. TITLE. The Seller wamnts fid 1, clear and unrestricted title to the Purchaser for all cquipmcnt nmteria Is. and items furnished in perfommnce of this agrccmcm, free and clear of any and all liens, restrictions, reservations .security interest encumbrances and claims of olhers. The Seller shall rcicasc the Purchaser and its contractors ofany tier from all liability and claims of any nature resulting from the performance ofsuch stork. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch perm. The Seller's cnntmcmal obligations. including mammy, shall net be deemed to he reduced. in any way, because .such work is perforated or caused to he perfumed by the Parchnscr. 14. PATENTS. 0.'hcncvcr the Seller is required to use any design, device. material or process covered by letter, patent, trndemark Or copyright, the Seller shall indemnify and save hamle<rhe Purchaser (ram any and all claims for infringement by reason of the use of such patented design, device, material or process in connection wins the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any port tucrcof or the intended use of the goods, is in such sail held to conslitute infringement and the use of said cquipmcnt or pan is enjoined, the Seller shall, at its own expense and at its option, either procurc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for Chu benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. Ibis order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions (terms used m the interpretation offhc agreement and the rights of all panics hereunder shall be consumed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases ethers, the Seller is to perform work hereunder. including the scnices of Scllcrs Repreucronive(s), on the premises efonhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller, 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 Seller's final completion and acceptance, complete the work at Seller's own expense and in the satisfaction of the Purchaser. When materials sad cquipmcnt are fimishcd by others for installation or erection by the Seller. the Seller shall receive, unload. store sad handle same at the sine and become responsible therefor as Channels such materials and/or cquipmcnt ssrerc being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compensation. not ling occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in aeenrdanec with the Imv, 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 antomobilc public liability insurance with bodily injury and death limits of at (cast S300.000 for any one person, S500.000 for any one accident and property damage limit per accident of S400.000, The Seller shall likewise require his contractors, if any. to pmvidc for such compensation and insurance Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofmhers, the Seller shall famish the Pumhawr with a ecaificam that such compensation and insumnec have been provided, Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until super the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or Contra whatsoever to persons or property caused by or residiing from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify fund hold hamlcss the Purchaser and any or all of the Purchawrs officers. agents and employees from and against any and nll 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 caw any suit or other proccalings shall be brought against the Pnrchascr, or its offices, agents or cmployces 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 at Chcir officers. is or employees as afimsaid. the Seller hereby agrees to assnmc the defense thereof and to defend the same at the Seller, 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 for any of its or their officers. agent or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Scllcr will at once cause the same to he dissolved and discharged by giving bond or mhervise. The Seller and his contractors shall take all safety precautions famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safery and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010 Excluded Parties List System Page 1 of 1 Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Results Search Results for Parties Excluded by Firm, Entity, or Vessel : bonnie roerig & associates As of 27-Feb-2012 11:23 AM EST Save to MyEPLS Your search returned no results. 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