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HomeMy WebLinkAbout466669 BISHOP-BROGDEN ASSOC INC - PURCHASE ORDER - 9112133PURCHASE ORDER PO Number Page City OfCollins � 9112133 1 of z Flirt COI l I ns This number must appear //_',�'`�—,J`_' ` ` on all invoices, packing slips and labels. Date: 06/18/2012 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 3 change order 2 1 LOT EA 29,900.00 U 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $29,900.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04562. Federal Excise Tax Exemption Certificate, of Registry 84-600f1587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in 1mnsit, may be mo med to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist item strict performance of the terms and conditions hereof. failure m delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hacofor any of ice rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any pawned oral modification or msciminn of this purchase order by the Purchaser operate as a waiver of any of the terms 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 pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home 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 hereaner Freight Terms. Shipment, most be F.O.B., City of Fan Collins, 700 Wood St.. Fort Collins CO 90522. unless acquired under federal or state antitrust Imes 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 parchascd or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Pumhascr directs the Seller to correct nonconforming or defective good, by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Pumhascr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seiler shall practice at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and miles 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 fi nhcr agrees to hold the City of For Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requircmcnts. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and posse< full and complete authority to bind maid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein set Torch and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms 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 premised delivery date as noted. Time is of the essence. Delivery and pefomance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation. acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision, In the event ofany delay. the Pumhascr shall have, in addition to other legal and equitable remedies, the option of placing this order clscwhem and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligcnce. such acts c f God, acts ofci,il or military authorities. governmental priorities, fires, strikes food, epidemics, mars 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 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hmmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of watra ay. The Seller shall replace. repair or make good. without cost to the Purchaser, any defects or faults arising within one, (H year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller net the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing esamnties or guarantees, but such liability shall in no axnt include Ions of profits or loss of asc. 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 terns, 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 ofperfommanec 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 between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pre its on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with oupcct to any .,its which are the Sellers standard stock. Ne such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good., sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or n'idcnce compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and held the Purchaser harmless fmm 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 parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances sad claims of.thee,. The Seller shall rdcrosr the Purchascr and its contractors of any her from all liability and claims of any nature resulting fmm the performance ofsuch work. 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 of Bach party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter. patent, trademark or copyright, the Seller shall indemnify and save countless the Purchaser fmm any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Parcloscr for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aRcr 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 void equipment or part 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 noninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors. appoint a receiver or tmatec for any of the Sellers pmperty or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of turn used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colemdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellcm Repres acative(s), on the premises nfothers. 17. SELLERS RESPONSIBILITY. The Scllcr 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 Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Parchascr. When materials and equipment arc fumishcd by mhers for installation or erection by the Seller, the Seller shall rcccive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being punished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of morkem compensation, including occupational disease henelim to its employees 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 Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with beclily injury and death limits of at least S300,000 for any one person, 5500,(M10 for any one accident and property, damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenilicate that such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance have been provided, Such certificates shall specify the date when such compensalinn 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 Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wh tNucvcr to persons or property caused by or resulting fmm the execution fthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold l amdcss 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 Persons or property to which the Purchaser may be put or subject by reason of any net action, neglect, omission or default on the pan of the Scllcr, any of his contractors. or any of the Sellers or con", etors 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 con".meto s or any of its or Ihcir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the v,me m 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 such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property ofthc Purchascr, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond orotherwise. The Seller and his contractors shall take all safety poemnions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/20I0