HomeMy WebLinkAbout466669 BISHOP-BRODGEN ASSOC INC - PURCHASE ORDER - 9147138PO
PURCHASE ORDER 914713er Page
C117f of PURCHASE
47138 1 of z
Flirt Collins( This number must appear
�_\V`I ` V on all invoices, packing
sli s and labels.
Date: 12/05/2014
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: 12/04/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Engineering Services
PER INVOICE 37623
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
1 LOT LS
9,064.23
Total
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
1. COMMERCIAL DETAILS.
Tax exemptions. By stork the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cafficau of Registry 84-60005R9 is registered with the Collector of
Informal Revenue. former, Colorado (Ref. Colorado Revised Shmra 1973, Chapter 39-26, 114 (a).
frauds Rejected. GOODS REJECTED due to failure f men specifiatona, either when shipped or due m dcftr of
damage in reran, may be rermed to you for credit and are not to Is, replaced exept upon mails of writtrn
instructions from the City effort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mull in
authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL
ACCEPTANCE a deprndent upon completioa of all applicable raluiud inspection procedures.
Freight Terms. Shipments most No F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 90522, unless
otherwise speufied on this orda. lfpermission is given to prepay freight and vbmge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distabuting points in various pans of the country, shipment is
expected firma the nearest distribution point on determines, and excess freight will be deducted from Invoice when
shipments are mode fmm Russia distance.
Pemuts. Seller shall procure m sellers .In cast all necessary harm¢, certificates and licenses required by .11
applicable laws, regulations, ordinances and roles of the suite, municipality, temhory or political subdivision where
the work is performed, or required by nary other duly constituted public authority having jurisdiction over the work
of vendor. Seller father agrees In hold the Ciry of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any inch laws, regulations, ordinances, roles
and uncommon.
Aufrramen. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fib and any supplementary or additional temp and conditions annexed hereto or incorporated herein by
reference. Any additional or different lams and conditions proposed by miler are objemed to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cahoot make complete shipment to arrive on your
promised delivery date as noted. Time is of the cssmre. Delivery and pod rmance must be aboard within the time
stared on the purchase order and the documents attached harem. No acts of the Purchasers including, without
limitation, veri,e ncn of patrol late deliveries, shall operate res a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition In other legal and equitable remedies, the option ofplaoing this order elsewhere
and holding the Seller liable for damages. Braman, the Seller skill not be liable for damages ne a result of delays
due ro causes not renwdubly foreseeable which are beyond its seasonable control and without its fault of negligence,
such=a of God, acts ofavil or military authorities, govemmmhl priorities, files, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the lumberer within five (5) days of ate
time when no Seller f I received knowledge thereof. In the event of any such delay, the date of delivery slash be
extended for the pens equal to the time actually lost by reasoa 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 andior water descriptions given, will be fit for the pemmses intended, add
performed with the highest degree of are and interference in acrnddance with accepted standard for work of a
similar mature. The Seller agrees to hold the phmhsser kirmless fmm my loss, damage or expense which she
Pmchvser may suffer or mention =coma of ate Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the purehaur, my defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the to. of any applicable warranty provided by the Seller afref the date of
cceptonce of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting man imperfect
or defective work done or materials famished by are Seller. Acceptance or use of goods by ate Purchaser shall not
onstime, a waiver of any claim under this wamenty. Except as oferwise provided in this purchase order, the Sellers
liability heremder shall extend to it damages pmxirmatoly..it by fie bunch of my of fie foregoing warranties
or gtmanmen, but such liability shall in an area include lass of Profits of I. of tau. 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 Purchsser may As any changes to the termer, other than legal ¢mars, including addiumax to of deletions from
are quantities ungainly ordered in the specifications or drawings, by rated or written change coder. If my such
charge affects the minum due or fie time m1f cradmmre hereunder. an rymadale adjustment shall be rude.
6. TERMINATIONS.
The Purchaser may at any time by written change care, rmmime, this agreement as I. any car all portions of the
goods then not shipped, subject to any equitable adjustment between fie ponies as to any work or materials then in
pmVws provided that the Purchaser shall not be liable for any [Pains for anticipated profits on the uncompleted
portion of the good maker work, fro incidental or comequemial damages, and that no such adjustment be made in
favor of the Seller with respect on my good which ere the Sellers 1.W sank. No such connotation shall relieve
the Purchaser or the Sella ofany oftheir obligatona as to my gaud delivered haaader.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or nomination is
ardem&
S. COMPLIANCE WITH LAW.
The Sella wxarmas that dl geed sold hereunder shall have been produced, sold, delivered and famished in man
compliance with all applicable laws and roVissmano to which the goods are subject. The Sella shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser ham 1m i from all msrs and damage suffered by he Purchaser a a mall of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neifa peaty shall resign, transfer, or convey this order, or my media due or on become due hereunder without the
prior, women romrat ofhe order parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to to Purchaser for all ryuipment, materials, and items furnished
or pinfmmmce of this egaecmen, fare and clear of any and all liens, namictiona, reservation, security interest
encumbamhces and claims ofothers.
I L NON WAIVER.
Failure of the Purchaser to insist upon strict performantt of the terms and conditions hereof, failure or delay to
my rights or remedies provided brain or by law, failure to promptly notify the Seller in the event of a
branch,ethe acceptance ofor payment for goods hereunder or appmsal of the design, shell trot release the Sella of
any of the warranties or obligations of this garbage order as shall not be deemed a waiver of any right of the
purchaser r insist upon strict perfortnance hereafor any of its rights or mnedia as r any such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default hefeandeu nor shall any putponed
am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tome,
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and ate Purchadam recognize that in actual economic practice, overcharges resulting fmm antivust
eoiatiom are in fact home by the Forstmann. Theretofo.e.forr good cause and as consideration for exceeding this
purchase order, rise Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or mile marmot laws for such overehages relating to the particular good or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goofs by a date to be agreed upon by ate
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness ao comply, the Pmchaa
may rouse the work an be performed by the most expeditious theme, available to it, and the Seller shall pay all
asses nominated with such work.
The Seller shall relowe the Purchaser and its continuos, of any tier from all liability and claims of any nature
resulting from the perfurmmme of such work.
This release shall apply even in the event of fault of negligrnce of he patty released and shall extend to the
directors, officers add employees of such party.
The Sellers contacral obligations, including warranty, shall not be dromal m be reduced, in any way, hands,
such ..,it is palormad or caused to be perfamud by In, Isms hma.
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 indemnify and save harmless the Pumkiser ram any and all claims for management
by reason of the tau of such patented design, device, soateral or process in connection with the common, and
shall indemnify the Purebua for any said, expense or damage which it may be obliged to pay by heron ofmch
infringement at any time during the Preswution or after fie completion of the work. In can, said equipment, or
any pan thermf or the intended use of the Goods, is in such suit held to conatimte infringemem and the use of
said equipment or pan is enjoined, the Seller shall, in its own expense and at its option, either procure for the
Puminear the right to continue using said equipment or pans, replace the same with substantially equal but
n.ninfringing equipment, or modify it so it becomes commands,
15. INSOLVENCY.
If the Sella shall became insolvent or bmgnma. its as aasigmunr for the benefit of cursors, appoint e
eiver or owutee for any of the Sellers property or bourow. this odes may forthwith be canttled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofternes used or the interpretation of the agreement and the rights ofall parties hereunder shall be
corstmcd under and gwomard by fie laws offs Sure of Colorado. USA.
The following Additional Conditions apply only in cases where the Sella is as perform work herearder,
including the arnica of Sellers RamsenurivHs), an the premises ofoaters.
17. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellers own risk until the some is fully completed and =meted, and shall,
in u of any accident, destruction or injury to the work andror materials before Sellers final completion and
acceptance, complete the work at Sellers own exprnse and to the satisfaction of the Dominant. When materials
and equipment are famished by others fro annihilation or comfort by the Sella, the Sella shall receive, reload,
store and handle same in the site and become responsible therefor as Tough such materials maker equipment
were being fmdhM by fie Sella under the order.
18. 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,
origin to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller
shall also carry mmpuMmive gmeml liability including, but not limited m, contraauul and amomobile public
liability insurance with finally injury and death limits of m low 5300." for any one person, S500,000 fro any
one accident and property damage limit pa accident of 5400,000. The Seller shall likewise require his
contractors. if any, to provide for such compensation and insurance. Before any of rise Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall famish are Purchaser with a certificate
that such compensation and insurance have been provided. Such conifirmes shall specify the date when such
compensation and insurance have been provided Such ca ificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mtil after the
mtim work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Seller hereby assume the entire responsibilill and liability for any as ell damage, lass or injury of my kind
or nature whatsoever to persons or property roused by or resulting fmm be execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold Aamlas the Purchaser and any
ca all of the Pmchmers .Boers, agents and employees from and against any and all claims, lamages, osses, d
harges or expenses, whether direct or nation, and whether to persons or properry in which the Purchaser may
he put or subject by season of any act, action, negkc, omission or default on the pan of fie Sella, my of his
contractors, or my of Oe Sellers or contractor oRceas, agents or employees. In case any suit or other
proceedings shell be brought againar the Purchaser, or its oBcers, agents or employes at my time on acmunt or
by anon of any act, action, neglect, omission or default of no Seller of my of his corer=ton or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to resume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and ofor expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers.
against or employees in such suits or mm, proceedings, and in case judgment or other lien be placed upon or
obtained against the property either Provinces, or said parties in or m a mull ofsuch suits or other proceedings,
Be Sella will in onus cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall sake all safety precmtimte, f ish and mind] all guard necessary for the prevented of
accidents, comply with all laws and regulations with regard to safety inclral but without limiutim, the
Occupational Safety add Health Act of 1970 and all rules and regulations issued Forward atercto.
Revised 07k2014