HomeMy WebLinkAbout113275 ALLER-LINGLE-MASSEY ARCHITECTS - PURCHASE ORDER - 9955524PURCHASE ORDER PO Number Page
City of PURCHASE
9955524 1.12
`t Chis number must appear
` Collins�7 on all invoices, packing
slips and labels.
Date: 03/28/2012
Vendor: 113275 Ship To: OPERATIONS SERVICES
ALLER-LINGLE MASSEY ARCHITECTS CITY OF FORT COLLINS
712 WHALERS WAY BLDG B SUITE 100 300 Laporte Avenue
FORT COLLINS Colorado 80525 Building B
FORT COLLINS Colorado 80521
Delivery Date: 09/11/2009 Buyer: JOHN STEPHEN
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
s Change Order No. 4 1 LOT EA 5,501.28
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
10
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 from state and local taxes. Our Exemption Number is I L NONWAI VER.
98-04502. Federal Eaeise Tax Exemption Certificate of Registry 84-OW587 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the terms and conditions heeof. failure or delay to
Intcmal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). ....cise 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 of the design. shall not relcnse the Scllcr of
Goods Rejected. GOODS REJECTED due to failure to meet .specifications, either when shipped or due to defects of any of the mammies or obligations of this purchase order and shall not he deemed a waiver of any right of the
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof Or any of its rights or rcmedics as to any such grade, regardless
instructions from the City of Fort Collins of when shipped, received or accepted, is to any prior or subsequent default hcrcu Oder. not shall any purported
oral modi ficition or rescission of this purcbnse Order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS am subject to the City of Fort Collins inspection on arris:a 1. 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 he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmm
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for excenting this
purchase Order. the Seller hereby assigns to the Purchaser any and all claims it may now have or mouncr
Freight Terns. Shipments must be F.O.H., City of Fort Collins, 700 Wood St_ Fort Collins, CO 90522. unless acquired! under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If pcmmission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase Order.
bill must aceump my invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in variru% pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seiler thereafter indicates its inability or umwillingnem to comply, the Purchaser
shipments urc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all
.,is asatciatcd with such work.
Pertains. Scllcr shall procure at sellers sole cost all necessary permits, certificates and Iicmises required by all
applicable Imes, regulations, ordinances and ndcs of the state, municipality, territory of political sulxliv ision where
the work is performed. or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold dhe City of Fort Collins hamless Form and against all liability and Ins%
incurred by them by mason of an az cried or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authoriv%tinn. All panics in this contract agree that the representatives arc, in fact, bona fide and possess full and
complete mnhority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions mmcd
herein set forth and any supplementary or activated toms and conditions annexed hereto or incorporated herein by
reference. Any additional or different term%and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to inive on your
premised dclietry date as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto, No acts of the Purchasers including. without
limitation. acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies. the option off lucing this order elsewhere
and holding the Seller liable for damages. Hoover. the Seller shall not be liable for damages ax a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and witlmut its fndt of negligence,
such act of Gad, acts ofeivil or military authontics, governmental prionties, fires, strikes, Food, epidemics, u:ms 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 Seiler 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 person ofihc delay.
3. WARRANTY.
The Seller wamnts that all good, articles, materials and work covered by this order will cnnfom with applicable
drawing', specifications, samples and/or other descriptions given, will be fit for the purprscs intended, and
performed with the highest degice of care and competence in accordance with accepted standards fro work of a
similar nature. The Seller agrees to hold the Purchaser hamlets from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make
good, without cost to the purchase, 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 ofa ny applicable warranty provided by the Scller after the date of
acceptance of the goods fumided hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofagv claim under this wamnty. 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 wamnlies
or guarantees, but such liability shall in no event include loss fpmfits 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 icmw by wTinen change order.
5. CHANCES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms. The, than legal terms, including additions to or deletions front
the quantities originally ordered in Poe specifications or drawings, by verbal or wriucn change onler. If any such
change affects the amount due or the time ofperfrmtance hereunder, an equitable adjuviacm shall he made.
6. TERMINATIONS.
The Purchaser may at any time by wrrten change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress pmvidcd that the Purchaser shall ant be liable for any claims for anticipated pmfiis 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 Find.%wInch are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for ad aropical must be asserted within thirty (30) drys from the date the change or termination is
ordered.
R. COMPLIANCE WITH LAW.
The Seller warrants that all good sold mrsuuMer shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seiler shall execute and
deliver such documents ns may be required to effect or widen" compliance All Imps and regulations required to be
incorporated in agreements of this character arc Thereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Porch scr harmless form all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with .such law.
9. ASSIGNMENT.
Neither Party shall assign, transfer, or convey this order, firmly monies due or to become due hereunder without the
prior written consent of the otherparty.
10. TITLE.
The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in perfomom" of this agreement. free and clear of any and all liens, restrictions, iesen:ilions, security interest
encumbrances and claims ofnthem.
The Seller shall release the Purchaser and its contractors of any tier front till liability and claims of any nature
resulting form the perfomtancc Of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, omcem and employees ofsuch party.
The Scllcr.s contacted obligations, including wamnry, shall not be deemed to he reduced, in any way. becausc
such work is perforated or caused to be performed by the Purehvwr,
14. PATIENTS.
Whenevef the Seller is required to use tiny design, device. material or process covered by letter, patent, trademark
or copyright, the Scllcr shall indemnify and save harmless the Purchaser fmm any and all claims far 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 cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the pmsceution or a0cr the completion of the work. In case said equipment, or
any an thcrcof or the intended use of the goods, is in such suit and to constitute infringement and the use of
said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using .said cquipmcm or pans, replace the v tic with substantially equal but
noninfringing cquipmcm, Or modify it so it becomes anninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit 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 oftcma used write interpretation ofihc agreement and the rights ofall panics hereunder shell be
construed under and governed by the laws ofihc State of C.l.mdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder.
including the services of Scllcrs Rcprescatative(s), on the premises ofothcrs.
17, SELLERS RESPONSIBILITY.
The Scllcr sholl carry on said work at Seller's own risk until the same is fully completed and accepted, and shall
in cast of any accident dex,mction or injury to the work and/or materials before Sellers Final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload.
store and handle same at the site and become responsible therefor as though such materials and/car equipment
were being fufnklicd by the Scllcr under the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occury tional
disease benefits. 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 Imes of the state in which the work is In be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and mi mnobile public
liability inannnce .with bmlily injury and death limit. of., Ica,, S300,000 for :nty one persnn, 5500.000 for any
one accident and property damage limit per accidentof S400,000. The Seller shall likewise require his
contractors, drafty. to provide for such compensation and insurance. Before any of the Sellers, or his contractors
employees shall do any work upon the premises ofothcrs. the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and inauancc expires. The Scllcr agrees that such compensation and insurance shill be maintained until afer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGF_S.
The Seller hcrehy nssumcs the entire responsibility and liability for any and all damage. loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the exeeulion ofihc work provided for in
this purchase order or in connection herewith. The Scllcr will indemnify and hold hnrmlexs the Purchaser and any
or all Of the Purchasers otliccrs. agents and employees firm and against any and all claims. I ... cs, damages,
charges Or csPpr1wv, whether direct or it ifem, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, otitis inn tar default on the pan of the Seller, any of his
contractors. or any of the Sellers or contractors officers. agents or croPloy'ca. In ease any suit or other
pmcmlings shall be breach, against the Purchaser, or its officers, agents or emplovees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of nny of his contractors or any of its of
their Officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses.
any and all judgments that may be inenmd by or obtained against the Purchaser or any of its or their officers.
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the pmpeny ofthe Purchaser, or said panics in or as a result of such Suits or other Proceedings.
the Seller will at Once cause the same to be dissnbcd and discharged by giving bond or other" isc. The Seller and
his contractors shall Lake ell safety precautions, famish and install all guards necessary for the Prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, be
Occupational Safety and health Act of 1970 and all mles and regulations issued pursuant thereto.
Revised 03/2010