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HomeMy WebLinkAbout466669 BISHOP-BROGDEN ASSOC INC - PURCHASE ORDER - 9145195PO PURCHASE ORDER 914519er Page City of PURCHASE 45195 1 of z Flirt Collins` his numbermu packing !"_`�J`' ` V �7 on all invoices, packing sli i and labels. Date: 09/10/2014 Vendor: 466669 BISHOP-BROGDEN ASSOC INC 333 W HAMPDEN AVE SUITE 1050 ENGLEWOOD CO 80110 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 09/09/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Engineering Services 1 LOT LS 11,715.97 Invoice #37278 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 Pay terms net 30 days 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 L COMMERCIAL DETAILS. Tax exemptions. Bystatute the Cary of Fon Collins is exempt from smmaM twat mot Our Exemption Number is II. NONWAIVER. 98-01502. Federal Excise Tax Exemption Continuum of Registry 84-6000581 is rcginctM with the Collector of Failure "fat" Forebear to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smulm 1973, Chapter 39-26, 114 (a) exercise any rights Or remedies provided herein or by law, failure to ptomPOy notify the Sella w the an ofa breach, the acceptance of or payment for goods hereunder or approval ofthe 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 order and shall nor be deemed a waiver of any right of the damage in uanou may be rammed m you for credit and are not to be replaced except upon receipt of written purchaser u insist upon nint performance larmfor any of rights orf medies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purponed oral modificldion or rescission of His purchase order by the Parhasa opera as a waiver of any of the corms Inspection. GOODS arc subject no the City of Fort Collins inspection on arrival, hamf Final Acceptance. Receipt of the merchandise, smices. or equipment in respanse to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. safieraed payment on the part of are City of Pon Collins. However, it is to be understood thatFINAL Seller and the Paramour recognize that in actual economic practice, o recharges resulting fraiii antitrust ACCEPTANCF.isdependod upon completion of all appliculdommiredinspection procedures. violations are in fact home by the Punin Aaser,"emrenfor, good came and as consideration far axecuting this purchase erdcn the Seller hereby nomaw to the Purchaser 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., Pon Collins, CO 80522, unless rommad under lateral or state antitrust laws for such ovemmat reining to the particular goods or semen m ssivise specified on this orderr if permission is given no prepay freight and charge sepamfaly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment DiSLnce. Wlsof n,nifaduters have distributing Points In various pans of the country, aMpmenl is If he Purcb:oadirects the Seller to correct nonronfmning or demnive goads by a date no be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Imvace Olen Purchaser and the Seller, and the Seller thereafter indicams its inability in unwillingness to comply, the Purchaer shipments art made from great, disarms, may cause be work to be, performed by the mwf apeda m. mars available to it, and the Seller shall pay all costs asxonmod with sum work. Plasmas. Seller shall procure at sellers Sale cost all necessary permits, ttnafindes and licemes required by all applicable laws, regulations, ordinances and rules o ds, site, municipality, territory, or political subdivision where the work is performed Or tortured by airy other duly constituted public authority having jurisJicfio r thf oork of vendor. Seller fmM1Or agrees 1m hard the City of Fun Collins harmless four and against all liability and loss incurred by them by remain of an assured or ntablishat violation of any such Laws, regulations, ordinances, mles and mig irements. Authorization All panic to this contract agree that the repwassloo, are, in fact, from fide end pollen full and o n,lar summary to bind nuid parties. LIM]IA]ION OF TERMS. This Purchase Order expressly limits acceptance to the lams and conditions slated herein set Rath mid 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 m and Immby ojecnt. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immairmly if you cannot make complete tripment to ounce on your promised delivery dare as nnled. Time is of the essence. Delivery and perlbarr nee, must be mated within the time stated on the purchap, order and the documents crashed hereto. NO acts of the ParcM1asen including, without Imitator, accepance of partial late deliveries, shall opemle a a waiver of this provision. In the event of any delay. the Purchases Shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller Inside for damages. However, fie Seller shall not be liable for damages as a result of delays due to muses not reasonably foreseeable which are beyond its reasonable cartel and without its fault of negligence, such acts of God, acts of civil or militarynnthomms, governmental pnuritaes, fires, strokes, Rood, epidemics, wars or acts provided that notice or 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 exmndal far the period equal to the tome actually lost by reawn of the delay. 3. WARRANTY. The Seller warrants that all goods, amides, materials and work covered by this order will comfort with applicable drawings, ma ficatimu, samples mAnr ,,her descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and mmpnence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the pmchawr limitless, fmm any lass, damage or expense which the Purchaser may suffer or i...... ccount of,be Seller breach Of small The Seller shall replacerep , air or make good, without cost as the purchase, any defects or faults arising within one (I) year or within such longer period of ,awe as may be presented by law or by the mots of any applimble warms, provided by the Seller alter the date of secepLvnce of the goods fomished hereunder (acceptance not to he unreasonably delayed), resulting fmm imperfect Or defective work done or ran arils fmished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim mar this wamnry. 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 is contains; or guamnum, but such liability shall in no event include Ion 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 loans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Parehsser may make any changes to the mma, order than legal teas, including addi runs to or deletions fmm ,he gromilies mgrnmy ordered in the spall'i'm nes ar drawings, by veAal ar wrnnen change order. If any such change an'eas the amount due or the time ofperf rmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrium change order, terminate this agreement to. to any or all Panama, oleic goods then Out shipped, subject to any equitable adjustment between the parties m to any work or nwtma6 then in progress provided that the Purchaser shall not be liable for any claims for anticipmed profits On the mmmplHN ponies of the goods and/or work, fro incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gomis which are the Sellers standard sack. No such lamination shall relieve the Purchaser or the Seller of any affair obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for Mjatment most be assented within may (30) days farm the date the change of mormunion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said delivered and famished in strict mmplimm with all a lausible laws and mgulatims a which the goods am subject- The Seller shall execme and deliver such tomorrow as may be, affiirat Io eR'ect or evidence mmpluwe. All laws and regulations mininad no be corpomled in agreements of this character are hereby locormoned herein by this re@fmre. The Seller agrees an indemnify and hold the Purchaser harmless from all costs and damages suffrod by the Purchaser a a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall assign, transfer, m convey this under. or any monies den or ro become due hereunder withaut the poor tuna. consort ofrhe order perry. 10. TITLE. The Seller warramn full, clear and unrestricted fill, a the Purchaser for all equipment, materials, and items fumishN on Rmfww. of this agreement, fare and clear of any and ell lie., rem ictiom, reeenafiom, secwry interest ewumbtanem and claims ofothers. The Seller shall crime the Purchaser and its contractors of any net 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 thall extend to the directors, oRcux and employees of such party. The Seller's fonmmtual obligations, including warm ay, shall nut be dsmed to be rMoral in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Waimver the Seller is rryoirtd at use any design, device, munennl ter process cavereJ by R"a, left, ambitious or copyright. the Seller shall indemnify and save harmless the Purchase, final any and all claims for infnngement by own of the use of such p,enmd design, dwice, material or groan in connection with the comma, awl Shall indemnify the Primal for any cast, expense or damage which aI may be obliged to pay by remain of such infrrearan in :trey ram, daring the prosecution Or aster the completion of the wok. In ease said emdpment, or wry pan thereof or the intended sae of the goods, is is sum mit held In constitute infringement and the use of said aluipmenf or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Proclaim the right to continue using said equipment or pans, replace the Same with Sublimnially equal but nonmfnnging equipment, Or mach fy it So it becomes mninGnging. 15. INSOLVENCY. If the Sella shall became ire istan or bmdaud. make an assignment for the benefit Of creditors, appoint a or usual for any of the Sella progeny or business, this order may forthwith be Canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used ter It, interpretation of the agreement and the rights oral[ ponies hereunder shall be conserved under cad governed by the laws ofrhe Stem ofC.Imw o, USA. The fallowing Additia a Conditions apply only in where the Seller is to perform work hereunder, including die, Services of5ellera Ramsenartive(s), on thecases premises clutters. I). SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella s own ask until the same is fully completed and accepted, and shall, in e of any accident. destruction or injury to the work under materials befare Seller's final completion and acceptance. complete the work at Sella s own expense and to the satisfaction of the Purchaser. When mammals and equipment are fumishol by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become respomlble therefor as though such materials and/or equipment was being furnished by the Seller under the order. IS. INSURANCE. 'the Sella Shall, at his an expanse, 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 purchae order, and/or to their dependents in accordance with the laws of the Said in which the work is to he done. The Seller shall also carry romprebem ve general liability including, but Out limited to commercial and automobile public liability insurance with bodily injury and death limits of at last $300,000 for my one person, S500,000 for my one trident and propmy &image limit per accident of S400,000. The Seller shall likewise require his contractors, it any, to placid, far such wmpmsafion and insunme, [Intent any of the Sellers or his nonaafom employees shall do any work upon the premises of others, the Seller shall f ish the Pumbuser with a ccnificasm that such compensation and assurance have been provided. Such cenaficates shall specify the date when such compensation and insurance M1ave been provided. Such continues shall specify the Jam when such compensation and insurance expires. The Seller agrees that such compensation and amumntt shall be maanmined until after the entire work is completed and accepted. 19. PROTECT ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire requan ulaty and liabilityfor any and all damage lass or injury of my kind r rarure whowsever w reform or property mural by or resulting from the execution arms work provided for in this purchas order or in mrmation hemwith. The Seller will indemnify ad hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees fmm and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bought against the Pmchauq or Its officers, agents ter employees at my time on account of by reason of any mI, action, neglect, omission or default of the Sells of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own experse, to pay any and all casts, charges, attrmcys 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 offer proceedings, and in case judgment or other lien be placed upon or obaranal against the property of the Purchmer, or said parties in or as a result of such suits or other proceedings, the Sella will at once camp, the tame to be dissolved and i iuhmgal by giving bond or othewse. The Seller aid his mntionew shall fake all safety precautiarfs, f ash and ineddl all goads necessary for tee pfevenaon of accidents, comply ward all lows and regulations with regard to safety including, but woman limitation, tee Occupational Safety and Hmlth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07Q014