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HomeMy WebLinkAbout127796 B B C RESEARCH & CONSULTING - PURCHASE ORDER - 9147634Fort Collins Date: 12/26/2014 PURCHASE ORDER Vendor: 127796 B B C RESEARCH & CONSULTING 1999 BROADWAY SUITE 2200 DENVER CO 80202-5742 PO Number Page 9147634 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Segmentation Study 1 LOT LS 147,000.00 7670 Utilities Segmentation Study 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 Total Pay terms net 30 days Invoice Address: 47 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 statute the City of Fan Collins is marapt from state and lad tuxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Catificam of Registry 84.6000587 is registered with de, Collector of ].It..] Revenue, Denver, Colorado (Rat Colorado Revised Som es 1973, Chapter 39-26, 114 pal. Goods Rejected, GOODS REIECTED due to failure to men specifications, either when shipped or due an defects of damage in transit, may be mourned[ to you for credit and are not to be reduced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS me subject m the City of Fan Collins inspection on arrival. Fim) Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in eunami ed payment an the pan of the City of Fan Collim. However, it is to m cauldneod that FINAL ACCEPTANCE is dependant upon completion of all applicable required icapection procedures. Freight Terms. Shipments most Is, F.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless otherwise specified an this care. If gmnission is given Ira prepay freight and charge repmerely, the original (might bill must mcompany invoice. Additional changes for packing will not Ire incepted. Shipment Distance. Where manufacturers have distributing points in andis parts of the country, shipment is expected from the neared distribution paid to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall produr at sellers sole cot all ad., permits, certificates and farmer regained by all applicable laws, regulations, midimma and roles of the sate, moodCpadry, mrtitory or political subdivision where than wok is performed, or regaiped by my other duly comtituteel public authority having jurisdiction over the work of carder. Seller farther agrees to hold the City of Fan Co11ins bmmless from and against all liability and loss muprtd by them by person of m asxnad or established violation of my such laws, regulations, mditumss, roles and anouiremrnts. Authentication. All parties to this diamond agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fond and any saffirmenmry or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or different enm and condifions proposed by seller me objected nand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your promised delivery date as n It& Time is of the asami Delivery end priformma mull be, effected wlthm the lime stated on doe purchase order and the documents amchd barren. No mar of drc Purchasers including, without limhalion, acceptance ofpanial lame delivetia, shall epefate a a waives of Nis pmvisioa In the, event of any delay, the Purchaser shall have, in addition to other legal and dutiable readies, the option ofplacing this order Cheatham and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a dealt of delays due to causes not reasonably forceable which me bopod its reasonable control and without its &oil of negligence, such acts of Card, ads Mcivil or military authorities, governmental priorities, fires, strka, Rood, apidemics, wan o riots provided that notice of Be condition causing such delay ¢ given to the Purchased widen five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period agml to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella wamnts that all goods, articles, materials and work covered by this order will nonfarm with applicable drawings, specifications, samples amber other descriptions given, will be fit for the purposes minded, and Performed with the highest degree of art and compromise in mrnrdame with neceptd stmdmds for work of a cal]. nature. The Sella agrees to haul the purchaser harmless from any loss, damage or expense which the Purchase may suRd or incur on rowan of the Sellers breach of.ty. The Salle shall replace, repair or make good, without cos[ to she purchaser, any hereto at faults arising within ace (1) ymr or within such longer period of time ss may be prescribed by law or by the it. of my mplicuble warranty provided by the Seller after the date of marginate of the goods fomishd hereunder (mceptmce Out to be unreasonably delayed), resulting from imperfect or defective work done or mamrials fumishd by Be Seller . Acceptance or due of goods by the Purchaser shall at constitute a waiver ofany claim under this wananry. Except as otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes m legal terms by action change order. 5. CHANGES IN COMMERCIAL TERMS. The psmaxi er maw make any routes to IM temu, other than legal terms, including additions to or &Idiom from the quantifies originally ordered in the specifications; or drawings, by verbal or adtten change orda. If any such change affects the amount due or the time ofpeformance hereunder, an wormhole adjustment shall M made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to any equimble adjustment between the Pumas 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 constitutional damages, and that no such adjustment to made in favor of tire Seller with respect to any goods which art the Sellers standard stock. No such tamimfion shall relieve the Purchaser or the Seller of any ofdoeir obligations as to any goods delivered heremder. Z CLAIMS FOR ADJUSTMENT. A, claim for djustmmr mast m asserted within thirty (30) days from than rime the change or mrmirmtian is odcred. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold headmaster shall have ben produced, said, delivered and frwal d in stria compliance with all applicable laws and regulations to which the .its an subject The Seller shot] execute and deliver such documents as may be rcquiced to effect or evidence compliance. All laws and regulations required to be nco,omted in agreements of this character are hereby incorporated herein by this refertnce. The Seller noted, to indemnify and hold the Purchaser handless from all costs and damages suffered by the Purchaser u a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, ttamfcr, of convey this order, or my mania one or to became due hacuvda without the prior wrinan coment offer other party. 10. TITLE. The Seller warrants Mi,a]=add muanicted title to the Purchaser for all aquipment, materials, and insists f ished in performance of this agreement, free and clar of my and all liens, remetime , reservations, scanty am. enamboarms and claims ofwrn, 11. NONWAIVER. Failure of the Purchaser to insist upon said peRomma of the terms and conditions hero tf, failure or delay to any rights or comedies provided lamin or by law, (alum, to promptly notify the Seller in the event of a breach, the acceptance of., payment far goods hereunder or approval ofthe design, shill not release the Seller of my 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 hereof or my of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my puryorted am[ modification or rescission of this purchase order by Ne Purchaser opemre as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchases reco,most that in actual aommic practice, overcharges resulting fmm =it=[ violations are in fact berme by the pumper. Theretofore, for good came rand as consideration for executing this Forebode order. the Sena hereby assigra an dre Purchaser my and all claims it may cow have or hereafter acquired Order behind or state mdrmt laws for such oveshnrga miming to the Particular goods car saviccs purchased or acquired by are Purchaser pursuant Ira this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to coned nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Set lean thereafter indicates its inability err unwillingness to comply, the Purchaser may cause the work to be pert rmcl by the most expeditions memo available m h, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its iodation, of any tier from all liability and claims of any nature resulting Imo the peAbrmmee nfsuch work. This relau shall apply avan in the event of fault of negligence of Nc pam,, retrapped mail shall extend to tha Cidecenrs, officers and employees of such Party. Thc Sellds dantrmtual obligalions, including warranty, shall not m damed to le, reduced, in any way, haoure such work is perforated or caused to be preformed by the Purcher. 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 Purchase from any and all claims for infringement by reason of the use of such patented design, device, material or process in connotation with the coconut, and shall indemnify the Purchaser for my cast, expanse or damage which it my m obliged m pay by reason of such infringement at any time during the pro caddion or after are completion of the work la case said cquipmenl, or any part chamber or the intended use of thc goods, is in such suit held to constitute in ngemem and mho use of said equipment or pan is xejoind, the Sella shall, at its own expense and at its option, eiWa produce for the Purchaser the right to continue min, and! equipment Or pars, trial. the same with substanoidly equal but mninlriuging equipment, or modify it an it becomes nonconforming. 15. INSOLVENCY. If Ne Seller shall become insolvent of bankmpl, stake an assignment for the benefit of creditors, apparel a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by forPurchaser wit -on liability. 16, GOVERNING LAW. The definitions of terms used or the competition ofhe agreement oral the rights of all comes hereunder shall he corumed coda and pens mmi by the laws of the State of Colorado, USA. The following Additional Conditions apply .1, in cases whoa the Salle is to perform work hereunder, marimba, are services of Sellers Rapremnwoma(s), can The Promos ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cony an said work at Seller's own risk until the same u fully completed and accepted, and shall, in case of my resident, detraction or injury in the work maker materials before Seller's fiml dimplation and mceptanm, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fumiahed by others for inoculation or erection by the Seller, the Seller shill receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18, INSURANCE. The Seller sbal, at has own expense, provide for the payment of workers compensation, including accup rtioml disease handles, to its employes employed on or in connection with the wok covered by this purclmse order, md/or m their depaMents in accordance with the laws of the same in which the wok is to be, done. The Seller sMll also eery mml^amiative general liability including, but rwt limited so, conrnctml anal automobile public habiliry insurance with bodily injury and dath limits of at least 5300,000 for any one person, S500,0000 for any one incident and properly damage limit per attident of 5400.000. The Seller seal likewise require his contractors, if my, to provide for such compenation and ieuluance. Before any of the Sellers o his contactors employees shall do any work upon the premises of others, the Seller shall perish are Purdmser with a mmificare that such wmprnsation and insurance have been provided. Such certifcata shall specify are data when such nmpensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller spaces that such compensation and insurance shall be maintained until after the entire work is completed and moped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire rapomLility and liability for my and ill damage, loss or injury ofany kind war mom whosoever to presents or property caused by or pending from the exeevtion ofdoe wank provided for in this purchase order or in covection herewith. The Sella will indemnify and bold bamdess the Purchaser and any in ill of the Pmcbesers officers, agents and employees from and against my and all claims, losses, damages. charges or, expenses whether direct an inthnd, and whether a persam or property m which are Purchaser may be put or subject by reason of my rot, ration, neglect, omission or default on the pan of the Sella, any of his om.,. , or any of Ne Sellars or contractors officers, agents or employers. In case my suit or other proceedings shall be brought appear the Purchaser, or its officers, agents or employes at my time an account or by mamn of my acq action, neglect, omission or default of the Seller of any of his contndon or any of its or their officers, agents or employes w aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all reds, charges, adomeys fees and other expenses, any and all jub mane fast may ba incurred by or obtained against the Purchaser or any of its or their officers, agents in employes in such suits or other pmcedida , and in case judgment or other lien m placed upon or obasined against the property affix Purchaser, or said Paul in or as a result nfsuch suits or other proceedings, the Seller will at and, situ the same a her dissolved and dmmgW by giving bond or otherwise. The Sella and his comments shall take all safety predictions, forma and install all grads ceremony for the prevention of accidents, comply with all laws and regulatons with regaar ma safety including, but without limitation, the Oaupatiarml Safety and Health Ad of 1970 old all rules and degradations issued pursuant Nrrem. Revised 07/2014