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HomeMy WebLinkAbout439705 BELFORD WATKINS GROUP ARCHITECTS - PURCHASE ORDER - 9110389 (2)PURCHASE ORDER PO Number Page City Of9110389 ' of z `t CollinsChis number must appear 1 1�7 on all invoices, packing Islips and labels. Date: 03/04/2011 Vendor: 439705 Ship To: POUDRE FIRE AUTHORITY - AD BELFORD WATKINS GROUP ARCHITECTS 102 REMINGTON PO BOX 1306 FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80522 Delivery Date: 01/14/2011 / Buver: JOHN STEPHEN Note: / Line Description Quantity UOM Unit Price Extended Ordered Price 2 addendum to PO 1 LOT EA 272.00 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 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 By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Internal Revenue. Deaver, Colorado (Roof. Colorado Revised Street, 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 transit may be rdumed to you for credit and arc not to he replaced except upon receipt of written instructions From the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser In insist upon strict performance of the terms and conditions hemnC failure or delay to exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be dimmed a wriver Of any right of the purchaser to insist upon strict perfoonance hereof or any of its rights or rcmcdics as in any such goods, regardless of when .shipped, received or accepted, is to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission 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 part of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front 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 hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St.. Fen Collins. CO 50522. unless acquired under federal or state antitrust laws 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 purchased or acquired 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 If the Purchaser directs The Seller to correct nonconforming or defective goo&%by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made Firm greater distance. may cause the work to he perfomud by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary pnmits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state, municipality, wintery or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over The work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and Ins. incurred by them by reason of an asserted or established violation crony such laws, regulations, ordinances, odes and rcquimmcna. Authorization. All parties to this contact agree that the representatives are, in fact, born 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 forth and any supplcmcntary or additional limos and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions purposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year promised delivery date as noted. Time is of the essence Delivery and performance most be dimmed within the time stated on the purchase order and the ducumcna attached Facie. No acts, of the Pumhascrs including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofneghgeace, such as Of God, acts fcivil or military authorities, governmental priorities, fires, strikes, food, epidemla, 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 rent of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods. articles. materials and work covered by this order will conform with npplicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest decree of cam and competence in accordance with accepted standards for work of a 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 of the Sellers breach of warranty. 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 may be prescribed by law or by the terms of any applicable warranty, provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed). resulting from impallca or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall net constitute a waiver crony claim under this warranty. Exempt as otherwise pmvidcd in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability .shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temts by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the leans, other than legal terms, including additions to or deletions from the quantities originally ordered in the spttincatinnx or d—u,. by verbal or women change onto. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustnmcm 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 grads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated ptnfls 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 with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella crony oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscrmd within thirty (30) days fmm the date the change or termination is ordered, a. COMPLIANCE WITH LAW. The Seller warmnts that all goods sold hereunder shall have been produced, sold, delivered and furnished 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 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 to indemnify and hold the Purchaser harmless from all costs and damages sutTered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or coney this order, or any monies due or to become due hereunder withoul the prior written consent of the other parry. 10. TITLE. The Seller wam. nts 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 cncumharims and claims of others. The Seller shall release the Purchaser and its contractors of any fla from all liability and claims of any nature resulting from the pafomance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, O( cos. and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmecs, covered by letter, patent. trademark or copyright the Seller shall indemnify and save harmless the Purchaser Firm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any eat expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure for the purchaser the right to continue using said equipment or parts, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes nnniafringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an ai signmcnl for the neefil of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used Or the interpretation ofthe agreement and the rights off]] parties hereunder shall be construed under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply naly in cases where the Scllcr is to perform work hereunder. including the services of Scllcrs Repracroar ive(s), on the premises of Others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at seller's own risk until the same is full, 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 man expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, life Seller shall receive, unload, store and handle same in the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE,. The Seller shall, at his awn expense, provide for the payment of workers afar eusalinn, including Occupational disease benefits. to its employees employed on or in connection with the work enveral 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 bodily injury and death limits of at lean 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 eon imam,, if any, to provide for such compamnion and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofothca, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. 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 after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or pf-T rty caused by or resulting fount the execution of the work provided for in this purchase order Or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmpcny, 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 cOntmOors officers, agents or employees. In ease any suit or other proceedings shall be bronghl against the Purchaser, or its olimers, agents or employees at any time on account or by reason of any act, action, neglect emission or default of the Seller of inv of his contractors or any of its or their nRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs mvn 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 offices. agents or employees in such suits or other proceedings, and in ease judgment Or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or mhetwise. The Seiler and his contractors shall take ill safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thavie Revised 03/2010