Loading...
HomeMy WebLinkAbout113275 ALLER-LINGLE MASSEY ARCHITECTS - PURCHASE ORDER - 9122641PURCHASE ORDER PO Number Page City Of 9122641 1 of z ' 6rt Collins This number must appear ` 1 ,�7 on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 113275 ALLER-LINGLE MASSEY ARCHITECTS 712 WHALERS WAY BLDG B SUITE 100 FORT COLLINS Colorado 80525 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 05/04/2012 Buyer: JAMES HUME N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 1 214 N. Howes Provide design and estimating services per the Work Agreement dated 5/2/12 and ALM proposal dated 4/27/12. C3. O✓l�-s-2�- 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 1 LOT LS Tota I Invoice Address: 6,200.00 $6,200.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teats and Conditions Page 2 of 2 L COMMERCIALDFTAILS. Tax exemptions. By staNte the City of Fon Collins is exempt from state and local taxes.Our Excmpt inn Number is 11. NON WAI VER. 98-045m2. Federal Excise Tax Exemption Certificate of Rcgi ury F4-60110587 is registered with file Collector of Failure of the Purchaser to oho neon strict pcdnrmnncc of the leans anA conditions hcrcof, failure or delay to Inlemil Revers., Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39.26. 114 ITT exercise any rights or remedies provided hcrcin or by lam, failure to pmmptly notify the Seller in the c%ent turn breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Relccmd. GOODS RFJECTED due to Entire to meet specifications, either when shipped or due in defects of any of the warranties 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 Purchnscr to insist upon strict performnncc hcrcof or any offs rights or remedies as fo any such goods, regardless ins(mdions from the City effort Collins. of when shipped, received or accepted. as to any print or subsequent default hercumder. nor shall may purported on] malificafion or rescission of fluffs purchase order by the Purchnscr operate as a waiver of any of the terms Inspection. GOODS arc suhM1iem to the City of Four Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNNI ENT OF AN ITTR UST CLAINIS. authorized payment as the pan of the City of Fan Collins. Howaver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmxt ACCEPTANCE is dependent upon completion ofill opplicablc required inspection procedures. violnlions arc in fact borne by the Purchaser, Theretofore. for good cause and as consideration for executing this purchase order. the Seller hereby assigns in file Purchaser any and all claims it Tiny now have or bercrow, Freight Tenons. Shipment must be F.O.B., City of Fan Collins. 700 Wood St_ Fort Collins, CO 90522, unless acquired tinder federal or state antitrust laws for such overcharges relating to the panieular 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 acccptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuf chime, have distributing points in various pans of the country, shipment is If the Purchaser directs file Seller to correct nonconforming or defective goods by a date to he agreed neon by the expected from the nearest distribution point to destinmion. and excess freight will he deducted from Invoice %%hell Purchnscr and the Seller, and the Seller thereafter indicates its inability or nnaillingncss to comply. the Purchaser shipments arc made prim greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts essociarcd xvith such work. Permits. Seller shall procure at sellers sale cast all necessary pcmits. ecnificacs and licenses required by all applicable laws, regulations. ordinances and rules of the .state, municipality, territory or political subdivision %%here the work is poformed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fnnhcr agrees to hold the City of Fen Collins hemdcss from and against all liability and loss incurred by them by reason of an it,mumd or established violation of any such hoes, regulations, ordinances, ones and requirements, Authari=ion. All panics to this concoct agree that the represcnn ivcs arc, 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 hcrcin set fnnh and any supplementary m additional terms and conditions annexed hereto or incorporated herein by rcfcrcnce. Anv additional or different tans and conditions proposed by seller arc nhjccled to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to noire on your promised dclivcry date as noted. Time is of the ccence. Delivery and performance must be a fcmal within the time stated on the purchase order and the documents anaehcd hereon. No acts of the Purchasers including, without limitation, acceptance erratical late deliveries, shall operate as a waiver orlhis provision. In the event Priory delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofpincing this order cIwwhcm and holding the Seller liable for damages. ❑iforIef, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foresveable which arc beyond its reasonable central and withmn its fault of negligence, such acts of God. acts of civil car military outhomics. govemmca tat priorities, fires, strikes. flood, cpidem ics, wars or rings provided that notice of the conditions causing such delay is green in the Purchaser within f%%c (5) days of the time when the Seller first received knowlcdgc 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 reason of the delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will compact with applicable drawings, specificafiaas, samples andler other descriptinns given, will be fun for the purposes imcndcd, and perfomod with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to held the purchaser brimless from any Ins damage or expense which the Purchaser may softer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace, repair or make good. %vilhcad cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the isms ofenv applicable wamnry provided by the Seller I Rcr the date of acceptance of the goods famished hercunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goouls by the Purchaser shall not constitute a waiver crony claim under this wzmnty. Except as otherwise provided in this purchase Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing warranties or guarantees, but such liability shall in no event include loss 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 terms by written change onler. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms other than legal lems including additions to or deletions from the quantities originally ordered in the specifications or draw ings, by verbal or written change enter. If any such change affects the amount clue or the time o(performance hereunder, an equitable adjustment 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 goods then not shipped, subject to any equitable adjustment beovecn the parties as to any work or materials then in progress pmvided that the Purchaser shall not be liable for any claims for anticipated pmftL on the nice tnplcted portion of the goods and/or work, for incidental or couscgnemnl damages, and that no such ndiusmmnt be node in favor write Seller %cilh respect unary goods .which arc the Sellers standard stock. No such tcrminntion ,shall relieve the Purchaser or the Seller ofany ofthcir obligations as to any goods delivered hcrcundcr, T CLAIMS FOR ADJUSTMENT. Any claim for idjumowat most he aeucncd e'ithill thing (30) days from the date the change car worin,alion is oniercd. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shill have been produced. sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall excere and deliver such dounacri s as may be 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. I he Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages .suffered by the Purchiser as a result of the Scllcrs failure to comply with such claw. 9. ASSIGNMENT. Neither piny shill assign, transfer, or convey this order, or any monies due or to become due hcrcundcr withmn me prior written consent ofthc other party. 10. TITLE. The Seller wform, at, fill], chu r and unrestricted title to the Purchaser for all equipment mnlcr'rolS, and icnlS furnished in performance of this agreement free and clear of any and all liens restrictions, reservations, secutiry interest cnrnmbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting font the p nTormiace ofs ch work. This release sllell apply even in the event of fault of negligence of the party released and shall extend to the directors, officers.anll employees rnmmh party. The Scllcrs contractual obligations, including wamnty, .shall not be deemed to be reduced, in any way, because such work is perforated or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lener, patent, trademark or eopyrighl, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design. device. material or process in connection with the contact and shall indemnify the Purchnscr for any cost. expense or demigc 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 anv part thcrenf or the imcndcd use of me goods, is in .such suit held to constitute infringement and the use of said equipment or pin is enjoined. the Seller shall, at its own expense and at its option, either precuro for the Purchaser the right in continue using said equipment or pans, replace the .same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become bvwbx:nt or bankrupt. make an assignment for the benefit of croditers, appoint a rceeivcr or future for any Of the Sellers property or business. this order may forthwith be a ncdcd by the Purcbnser without liability. 16. GOVERNING LAW. The definitions ofterms used or the intcrprcmtion Tribe agreement and the rights stroll panics hereunder shall be constmed under and governed by the laws of the Slate of Colorado. USA. The following Additional Condilions apply only in cases where the Seller is to perfom wort: hcmuni including the services of Scllcrs Representative(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Scllcr .shill carry on said work at Seller's own risk until the same is fully completed and acccptcd, and shall, in case of fay accident destruction or injury, to the work and/or materials before Sellers final completion and acceptance, complete the work if Scllcrs corn expense and to the selisftclion ofthe Purchase. When materials .and equipment me fumishcd by others for fnslaliotinn or erection by file Seller. the Seller shall receive, intend. ,pore and handle same at the silt and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order, 19. INSURANCE. The Seller shall. al his own expense, provide for the payment of workcm covpcnmtion, including occupational disease henefitc, to its employees empinycd on or in connection with the work covered by this purchase order. and/car in their dependents in accordance with the Im%x of the slate in which the work is to be done. The Seller shall nlso carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurnfee will, family injury, wad dulh limits ofal Icasf S300.000 for any one person, S500.0m0 for any one accident and property dnntage limit per accident of S400.000. The Scllcr shall likewise require his contractors, if any, in provide for .such compensation and imumnce. Before any of the Scllcrs or his contactors employees shall do any work upon the premises of milers, the Seller shall furnish the Purchaser with a cmificme that such compensnlion and insurance have heen provided. Such eeniticates shall Specify the date when such enmpensation and insurance have been provided. Such certificates shall specify the date when such compensmian and insurance expires The Seller ngrccs (hat such compensation and insurance shall be maintmncd until a0cr the entire work is completed and nccep(ed. 19. PRO'F17CI ION AGAINST ACCIDENTS AND DAMAGES. The Scllcr herchv ossumcs file cn(irc responsibility anti liability for nay and all damage, loss or injury ofany kind or nature olialsocvcr to persnns car prnpcny caused by or resulting from the execution ofine work provided far in this purchase order or in connection heravith. The Seller will indemnify and hold harmless the Purchnscr and any or all of due Puml,nscrs officers, agents xn(] employees front and against any and Al claims losses. damages, charges or expenses, whether direct or induccl. and whether to persons or property to which the Purchaser nrav he pm or srhiect by reason of any act, action, neglect, emission or default on (he pan of file seller. any of his contractors. or any of the Scllcrs or contractors officers, agents or employees In use any suit or other weceedings shall be brought against life Purchnscr, or its oRcem. agents or cmployces it any time on account or by reason ofany vet action, neglect omission Or dcfxult of life Seller of any of his contractors or any of its or Ihcir oficcrs, agents or cmployccs as aforesaid, the Seller hereby agrees no assume the defense thereof and to defend the ann:c at the Scllcrs own expense, to pay any and all costs, charges itterl ices and other expenses any and all judgntcuta that rnny be incurred by or obtained against the Purchaser or any of its or their oficers, ,agents or cmployccs in such sails or other proceedings, and in cfse judgment or other lien be placed upon or obtained against the property of the Purchaser. of said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same 1. be dissohrd and discharged by giving bond or othcr%vise. The Seller and his contractors shall take all sal'cy pmcautions, finish and install all guards necessary for the prevention of accidents, comply %vith ill laws and regulatimus with regard to safety including, bill without limitation, the Occupational Safely and Health Act of 1970 and all talcs and regulations issued pueaunnt thereto. Rcviscd 0312010