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HomeMy WebLinkAbout372415 RB&B ARCHITECTS INC - PURCHASE ORDER - 9123741City of Frt Collins PURCHASE ORDER PO Number Page' 9123741 1 of,2 This number must appear on all invoices, packing slipsand labels. Date: 06/29/2012 Vendor: 372415 Ship To: LINCOLN CENTER RBB ARCHITECTS INC CITY OF FORT COLLINS. 316 E MOUNTAIN AVE SUITE 100 417 W'MAGNOLIA FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 06/29/2012 Buyer: _:. JOHN STEPHEN Note: _ Line Description " ' -:.Quantity UOM Unit Price ; Extended Ordered ,Price" ... - _.. 1 Carnegie Bld Conceptual Design 1 LOT LS 20;010.00 PER TERMS AND CONDITIONS OF RFP 7378 - - - AND AGREEMENT DATED 6-29-12 Total$20,010.00 City of Fort Collins Director of Purchasing and Risk Management Invoice Address:-- This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580. Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tex acmplione By stamen the City of Fop Collins k exempt form oar and lual taxes. Our Exernptlrn Number is 98.0d502. End.] Excise Tax Exemption Ccnifii of Registry M-60(i is registered with the Carecor of harder Revenue. Denver, Colorado fillet. Colorado Bo and Sbmma 1973, Chirac, 39 26,1I4 fa). Goods Rejected. GOODS REJECTED doe to failure In man specifications, either when shirred or due to defects of damage in m ik may be permed to you for credit and arc not to he replaced except upon pair, of written Instructions from the City or Far Collins. Inspection. GOODS an subject to the City of For Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchases to insist upon strip rerrimnanee of the moms and conditions hvnof. Lniwe or delay m m rights on p rmdies pmvided done ar by law, finure m promptly notify the Seller in the event of a breach, the acceptance Areas Payment for goads hereunder or approval prim design, shall not release the Seder of any of the oamntim or obligations of this purchase or and shall nor be deemed a anion of any Fight of the purchaser to insist upon strict perfotmancc hertnf or any of its nuns or tcmvdic, as to any such gulls, report of wmcn shipped, received or accepted. as to any prior or subsequent default hacunder, nor shrill any paraded and modification or rexission of this pmal ose order by the Purchaser opmare as a reaper of any or she toms hercaf Final Acceptance. Receipt of the mprohandim, x r equipment in response to this order ee insult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoriud payment oa the pan of the City of Foe Collins. Hawever, it is a be undenlood that FINAL &per end the Purchaser recognize that in action] renis pneliee, overcharge, minion, from antifms ACCEPTANCE is dependent upon completion mill Applicable required inspection procedures, violations are iA fact home by the Pumhaxa. Theretofore. par Cited cause and As considepati n fro canting this purchase order the Seller hereby assigns to the Purchaser nnv and All claims it may now hove or lactifier Freight Trans. Shipments must be EO.B., City of Tom Collins, TWl Wood SI., For Collins, CO 90522. unless otherwise specified on this cola. if,omission a given to mory freight and charge separately. the arigiaal fmigh, bill mug aexampany inerio,. Additional charges for packing will not bo ancepd.' ` Shipment Distance. Where menufacNmrs hove distribming points in vaneaa pans of the country, shipment is expectd from she anxi distribution an to d.timaren, ad excess freight will b, dedned farm Invoice when shipments are made from greater distance. ' Peanuts. Seller shall pmeure at sellers sole call all Anniston, pumice, eenificales and liecnsn requird by all Applicable laws,,egulations, ardirai and roles of the state, munieilality, report, err political subdivision where the work is perfomd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller runner agrees to hold the City of Fan Collins hairpins from ad Against all liability and Ina imarpol by them by reason of an ...rpd Or ramblishd violation of any such taws, regulations, ordinances. rules and requirements. Auflumilintica All panics to this compact agree that the representatives are. in fan, bona fit, and ppacss full end complete anhrnty to bind said potties. - s LIMITATION OF TERMS. This ILrchase OMer ezpro my limits acceptance to the tents ad conditions staid limin sel forth and any.upplamcnnry at additional arms and conditions annexd hereto or imagiaramd herein by reference. Any additional or different toms and conditions proposed by seller arc objector to and hereby ¢jelled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdinaly By. paanm make wmlloc shipmam m arrive on your, rromad delivery date as nrvd. Time is oflhe menu. Delivery and pert an and be cffcctcd within the rim, surd oA be purchaoc water and the documents attached hereto. No acts of the Purchasers including. without limiution, acceptance of partial lam deliven..'shill planar, as a Andres of this prevision. In the event of any delay. the Purchaser shall hav, in addition to other legal and equitable remedies, the carrion of,lacing this order elsewhere AM holding the Sella liable fro damages. However, the Seller shall not be liable for damages As A road, of delays due to causes net reasonably finesaeable which arc beyand its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental primnies, fires, stokes, BmM, epidemics, wars or rims pmvided that notice of the conditions causing such delay k given to the Purchaser within five Nf days of the ,into when the Seller far nonacid knmvlsd,e thereof In the event of any curb delay, the dam of delivery mall he extended for the period equal to the time actually lap by ream of the delay.. 3. WARRANTY. The &Ile, wamn¢ that All good, articles, maerials and walk covered by Ibis order will conm fawith Applicable 'drawings,'spnifications, sample and/er other description, given,,will be fit for the pmpioaes located. end ,erfomor with the highest degree of pie and cempnenco in accordance with aueptd standards fro work of a miler nature The Seller agars to hold the purchase( heatless from Any loss, damage or caroms which the Purchaser may coffer or incur on account of the Shccrs breach of ividdrom. The Seller shall replan, annular make good, wilhmHold to the perchaser, any defects or faults arising within sure (H ypr or within such longer period of lime as may he mrscribad by law As by the lance orally applicable ordinary provided by the Seller after the dale of acceptance of the gods famished hercadn (aaeplanee not to Fe umpaxrubly delayed), loading from importer or defective work done or materials fished by dre Seller. Amerman, or use of goods by the Purchases shall not onstilme a waiver of Any claim under this Awrri Except As otherwise providd in this purchase order, the Sellers liability hereunder shall extend Ica all damages ma rn.le, caused by she breach ofany of IM1e finepOing wantons or guarantees, but such liability shall in no aoenl include loss of,mfts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Iegel Ioms by writtan change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make Any changes to the form, other than legal arms, including additions to or delniona from the quantities normally ordered in the apecificiamps or Rai by verbal at ndilen change oMer. If any such change affects the natural due or the time ofperfomance hereunder, an equitable adjustment mall Inc, mode. O.-TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any car all r,nial of the gods then rim shipped, mbjut A any equitable adjumpaso season the parties as to any work W materials then in progress provided for the Porthrsa shall not he liable for any claim: fro amicipad profits on the uncnmnlerd portion of the Fonds era&., wwrk, for incidenul or consequential dame,., and lbar no such odjmamenl be made in favor of the Seller with mr pcc, to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser err she Seller ofany of 1bell obligations as to any gods delivered hereunder. T. CLAIMS FOR ADPUSTMENT. Any claim for adjustment most be aacned within Ibirry (30) days from the data the change or mnainstion is ordered. 8. COMPLIANCE WITH LAW, The Si womms mar all goods sold Imparter shin have been produced, sold, ddivcrnd and Famished In strict compliance with all applicable laws and replafrons to whim the grads apt sobjut. The Seller shall execute and deliver such it.... as may be rcqui ed in prim a, evidence compliance. An laws and regulations required 1. his incorporated in agreements of this marcher arc hereby incnrymad heroin by this reference. The Seller .gyres to indemnify and M1md the Purchaser hamdem from all calls and damages suffered by she Purchaser as a no up of the Sellers failare 1n empty with such law. 9. ASSIGNMENr. Neither perry shall msgp, transfer, cr compy the order, or any monies due As m become doe am nder without the ,of, reopen canxnl f,he not party. IRTITLE. The Sdkr pointers full, clooand unrestricted title to the Purchaser for all equipment, materials, and items fumiahad in peformancc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest eneuntbramos and claims of others. aryuiror undo fdeni As state Antitrust lanes for such overcharges relating to the particular goods or serviea purchased or acquired by the Purcha¢r pursunm to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS:' ' If the Purchases sharp the Seller to correct riomnnfotiding or defative Foods by a date led be aped upon by the Puahaeer and the Seller, end the Seller lhcm fie indicates its iwbility or marlim now 1. comply, the Purchases m the wark m he PMnmd by me mint contraries eans p vies mnorilabl, to it, and the Seller shall pay all ens aArsainted with teach work. _ .. ' The Seller shall alpx the Purchaser and its contractors of any per from all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released And shall extend to the directors, officers and empinycea of sucM1 tinny. The SdIer's ..,lot l obligations, including wamnry, shall not be deemed m be reduced, in anyway, bonus, anch work is performed or conned to be Pcrfnntor by the Purchaser. Id. PATENTS. Whenever the Seller is required to use any design, device, material or process emceed by letter. patant, tmdemarl, or cupynght, the Seller shall indemnify And save h mills the purchaser from any end all claims for Infn'nFcmcnl by pepper of Be ape of such patenmd design, device, maniac art proem in connection with the camni and shall indemnify me purchaser for any eat, extreme or damage which it may he abligd m pay by reason of such infringement at any time timing the prosecution or afer the completion of the Aa&. In pie said oquipm,n, or any Pan thereof or IM1e imported use of IM1e goods, is in such suit held 1. eo rlimte managemani end oho use of acid cquipme'nt or pan is enjoined, the Seller shall: at its area o onse and at its option. either pmanc for the Purchaser the right Ir cominuc using mid equipment or pare replace the mine with subsumially equal bur amerafro,in,equipment, or Wiry it it becomes noninGnging. a.. 15. INSOLVENCY. If the Seller shall huome insolvent at bankrupt, make An assignment for the henefit of crdimrs, .,prim A Tcniwr or trustee for any of the Sellers pm,eny or business, this cooler may fr ire he canceled by the Purchaxeruimoul limbifil, Ih. GOVERNING LAW. The definitions of arms used or the inmglrcialion ofthc ag eopenaend the rights of all panics herrundor shall be onstrud ands rid gndmled by the laws of the Sule ofCoRAi USA. The following Additional Condr mts apply mile in pas who, the Seller is to perform work herannder. including the spainv of Sellers Representations), on thr promisesof otMrs. 17. SELLERS RESPONSIBILITY. The Selin,h.;] Cary on said work Al Scolds men risk until he wme is fully eom,lned ad accepted, and shall. in x of any accident, destruction or injury to the work and/or materials befog Selldx fail completion and acceptance, wmpine the work at Seller's own cxlrmo and to the satisfaction of the Aurchno. When nationals and equipment art f rmishor by adcrs fro install.fon or confirm by the Sella, the Seller shall rc¢ive, unload, sore and handle mine at the site and become rpironsible therefor as though such materials and/or equipment were being famished by the Seller undo the alder. I A. INSURANCE.' The Seller shall, at he awn capons, provide for tha payment of a orkem compensation, including perorational disease benefits, to its employees employed on Or in connection with the work enteral by this purmase older, and/or to their dependents in achndnnce with the laws of the state in which the work is ,n be done The Seller shall Abu parry eamprcboolve Cmeral liability including, but rim limited to. eomrac,nal And empmobile public liability insurance with bodily injury and death limit of At last S300,000 for any one person, 55M.a00 for any am accident nod Colsem damage fair Per accident of Sd00.000. The Seller shell likewise require his mmpms, if any,1. provide fro such eampensation end inmrznu. Befarc any of the Sellers or his impactors employed shall do any walk upon the premises of others. the Sellershall fish the Purchases wilb A ordirea e that such companmlion and imarrana have been pmvided. Such conifctura shell specify the dale when such contradiction and Insmnce have ban pmvidcd. Such catifcaa. shall gs cify the date when such compensation and insurance exnias. The Sidle, agrees that such con,m ration and insurance shall ea maintained until Ape, the care walk is completed ad Accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any ad all damage. Ins m injury plane kind or nature whatsoever to persons or propehy canard by at polating farm the exceulion Arthur Awrk provided for in this purchase oolh or in cmoaenan herewith, The Seller bill indemnify And hold hamHcu the Purchaser and any r all of the Purchamrs oR co, agents And employeps from and Against any and all claims, losses, dari charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser any be rut or subicn by reason of any it. nmimi, parlor, omission or default on the ran of the Seller, any of his contractors, m any of IM1e Sellers or ontmnma olBprs, agents n, employees. In en any suit or other proceedings shall be hrougla Against the Purchaser, or its oBiced. agents or employe. at Any lime per Account ar by pea,- of any act. action, noglcm omission a, default of Be Seller of any of his contnans or any of its or their aced, agents Or employed as nfinesuid. the ScIIer hereby agrees to Assume the dcfrns, dteuof and to defend the same a1 the Sellers can exprox. to pry any and all costs, charges, anomrys ties and Allies expenses, any and all judgments that may be incurred by or obtained apires the Purchaser or any of its or their aRico , agents or cmpleversinch ch suits or other proceedings, and in case judgment or min lien he placed upon or obtained agains theproped, ofthe Purchaser. or mid parties in or As a opult ref such suits or other proceedings the Sella will al Orrcr came the same to be dissolved and discharged by giving bmml m olMruix. The Sclkr and his containers shall like all mfery p rcautlmis, mulish and instill all guards nee.00y fm the p seention of uidants. comply with all Inns and regulations with regard in safely including, bon wwiducal limitation. he Occupational Safely and Health Act of 1970 and all rvld and regulations issued plmuam therm Reeked 03=0 k 'I