HomeMy WebLinkAbout521044 PIE CONSULTING & ENGINEERING - PURCHASE ORDER - 9141568City of
Fo_rt Collins
Date: 03/17/2014
PURCHASE ORDER
Vendor: 521044
PIE CONSULTING & ENGINEERING
6275 JOYCE DR SUITE 200
ARVADA CO 80403-7541
PO Number Page
9141568 tof2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 03/14/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Provide air barrier 1 LOT LS 4,725.00
performance testing of the South Transit
Center project in accordance with the City
of Fort Collins Building Air Leakage Testing
Protocol.
2 Provide Infrared 1 LOT LS 1,675.00
Thermography diagnostics and supplemental
Smoke diagnostics per the City of Fort Collins
Building Air Leakage Testing Protocol.
(If required.)
Contact: Chad Mapp
ph# 970-221-6227
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
m. ma eIK7iR3'S[[KLLIOCLfl
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptiam. By statute the City of Fon Collins Is exempt terminate and local uxrs. Our Exemption Number is
I L NONWANER.
98-04502. Federal Excise T. Exemption Certificate of Registry 84-60I0589 is registered with 0be Collector of
Failure of the Fondant by insist upon stria performance of the it. and canditions hereof, failure or delay to
Interopl Revenue, Denver, Colorado (Ref. Colorado Revised Stainless 1973, Chapter 39-26, 114 bdj
exercise my rights or rrmedies provided herein or by law, failure to promptly notify The Sella in rho event of a
breach, the acceptance arm payment fro goals housta er or approval of The design shall not releax the Seller of
Good Rejected. GOODS REJECTED due m failure by meet specifiestiom, either whim shipped or due a defects of
my of the warrmties Of obligations of this purchase order sad shall not be domed a waiver of my tight of the
damage in transit, may Ire resumed to you for credit and are not to be replaced except upon receipt of wrtten
Purolator to insist upon strict performance hoomfor my of its rights orf milies as to any such goods, regardless
instructions fmm the City of Fort Colfirs,
of when shipped, received at accepted, a to my prior or subsequent default hertmder, we shall my purpaded
.ref modifcatim or scission of this purclase Under by the Practice, operate m a war— of my of the terms
Impaction. GOODS are subject to the City of Fan Collins inspection on options.
hereof,
Final Acceptance. Receipt of the memhandise, services a a.i,.t in response to this order can suss in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the Pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and The Purchaser recognize that in actual economic practice, Overcharges resulting train antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact Some by the Purchma. Theretofore, fagood 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 must be F.O.B., City of Fort Collins, 700 Wood SL, Pan Collins, CO 80522, unless
acquired under federal or spite antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order Upermission is given to prepay freight and charge miummcly, the original freight
purchased or inquired by the Purchaser pursuant to this purchase ort
bill must acconmanv invoice, Additional Thames for asking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in us pairs of the country, shipment is
expected from the nearest distribution point to destination, and excess fright will be deducted from Invoice when
shipments am made from greour distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenificida and licenses required by all
applicable laws, rogulatiure, ordinances and roles ofhr state, municipality, territory or political subdivision where
the work is performed, a required by any other duly combated public authority having jurisdiction over the work
of vendor. Seller father agrees To hold the City of Fan Calllm hmmless from and against all liability and loss
incurred by them by examen of an extorted or established violation of my such laws, fegulatimm, intimater, roles
and requirements.
Audorication. All ponies to this contract agree that the repreunpitives are, in fact, hoop fine and possess full and
complete authority to bind mid panics.
LIMITATION OF TERMS. This Purchase Otda expressly limits acceptmtt an the terms and conditions staid
Basin set fourth and my supplemenpiry or a ldiumpat rams and c uddiom annexed hereto or Unperformed herein by
reference. Any additional or different terms ad candidate, pmposd by sifter art objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifym cannot make complete shipment o arrive on your
promised delivery date as noted. Time is of the essence. Delivery and Performance must be eRemed within the time
slated on the purchase order end the dmuments mtached hereto. No acts of the Puahaurs including, without
limitation, acceptance of radial late deliveries, shall operate as a waiver of this provision. In the event of my delay,
the Punchmer shall have, in addition to other legal and equitable remedies, she option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages To a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such arcs of God, acts of civil at at lilary authorities, governmental priorities, fires, strikes, flood, epidemics, wan m
riots provided that notice of the conditions causing such delay is given m the Purchase, within live (5) days of the
time when the Sella first received knowledge thereof. In the event of any such dd.,, she date of delivery shall be
extended far the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller venture, that all good, articles, materials and work covered by This order will confirm with applicable
drawings, s,scifcnfom, samples and/or prier d.,..m given, will be fit far rho purposes intended, ad
performed with the highest degree of rare and compromise in accordance with accepted standands for work of a
similar name. The Seller agrees to hold the purchaser handea from any toss, damage or expense which The
Pumhasa may suRer or incur on ... of the Sell,rs breach of..,. The Stiles shall Trylace, Terminational,
good, without cost to me pumision, my drivers or fauls arising within ore (1) year or within such longer period of
time a may be prescribed by law ar by the rearm army applicable warranty provided by the Sella mor the dame of
acceptmtt of the goods famished hereunder (azttpunce am to be pably delayalb salting firm imitation
or defective work done or materials fmished by the Seller. Acceptance at use of good by the Ptuchma shall not
constitute a waiver of my claim under This warmnty. Except u otherwise provided in this porehase order, The Sellers
liability hereunder shall extend to all damages proximately exmd by the breach of my of the farcgoing wmranmia
Or gmmmtts, but such liability shall in no eve. include loss ofpmfts or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purolator may make changes to legal terns by wnnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from
the 9unuifcs originally ordered in the specifications or drawings, by verbal or written change order. If any such
change off cts the amount due or the time ofperfomance hereunder, an equitable adjustment shall be node.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agrecmem m m any or all panions of the
good then not shipped, subject to any equitable djmtmrnt between the panics as to any work or materials then in
progress provided that the Pmchmer shall not be liable fir any claims far anlia,med profits on the uncompleted
portion of the good andror work, for incidental or come, ential damages, and that no such adjustment be made in
favor of the Sella with rumen to my good which are me Sellers standard stack. No such termination shall believe
the Purchaser or the Seller arm, of their obligations as a any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for djbmment raw be asserted within thirty (30) days from The date the change in temriwtion is
ondered.
8. COMPLIANCE WITH LAW.
The Seller warrats That all mood mid hereunder shall have been produced sold delivered and famished in strict
compliance with all applicable laws and regulatiom to which the goods am subject. The Seller shall execute and
deliver such dauments as may be rcquirnt to effm or evidence compliance. All laws and regulations squired a be
nco l omed in agreements of this chaster arc hereby incorporated herein by Nis reference. The Seller agrees a
indemnify and hold she Parchmer hamtless from all costs and damages suffered by the Purchaser u a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall amigo, transfer, or convey This order, or any monies due or to heeome due hereunder without he
prior wnnen consent of the other Perry.
10. TITLE,
The Sella warrants full, clear and unrestricted title to The Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaer directs the Sella In correct nonconforming or defective good by a date to be agreed upon by the
Purchases and the Seller, and the Seller therm0er indicates its inability or unwillingness to comply, the Purchaser
may same, the work to be performed by the most expeditions means available to it, and the Sella shall pay all
cost asmiated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any opium
resulting from the performance of such work.
This release shall apply men in the event of fault of negligence of The party released and shall extend to the
directors, officers and employees of such party.
The Sellers conttmtml obligations, including warranty, shall col be deemed to be reduced, in any way, because
such work is performed or opposed to be Performed by the Purchaser.
14. PATENTS.
Whenever the Sella is requited to me my desigq device, m perad or process covered by letter, ,an, trademark
r copyright, the Seller shall indemnify and save hamless the Purchaser firm any and all claims for infringement
by reawn of the Use of such spa ed design, desire, material or process in connection wild the common, and
shall indemnify the purchaser for my cost, expense or damage which it maybe obliged to pay by Trump of such
infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or
any pad thamf or the intended me of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its optim, either proton, for the
Purchaser the Tight to continue using said equipment or pans, replace the same with substantially equal but
noninfrini ing equipment ter modify it sat it becomes non infringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankmpt make an assignment for the benefit of creditors, appoint a
or trotter for any Of the Sellers properly or business, this order may forthwith be canceled by the
Pnnchuen without liability.
16. GOVERNING LAW.
The definitions of temss used or she interpretation offs, agreement and the rights craft parties hereunder shall be
...,it Under and governedby the laws of rbe State of Colorado, USA.
The following Additional Cooditiam apply only in taus whew The Seller is To pert weak hereunder,
including rbe service of Sellers Represimutive(s), on de premise of others.
IT. SELLERS RESPONSIBILITY.
The Seller shall corny an mid wmk at Sellcls own risk and the mope u rally rompleted and accepted, and shall.
in ease of my accident, destruction in injury to the week aoNor mmaials bet Sellers fired completion and
acceptance, complete the work of Sell&. own expense and 1. the satisfacdn of the P.chaur. When matends
and aluiprmnt art famished by c drers for imullation Or makin by The Seller, the Seller shall receive, udozd,
stare aid hurdle same at the site and became respomibde therefor, as though such noterials and/or al.ipmrnt
were being furnished by thc Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers commemoration, including Occupational
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 laws of the stale in which the work is to be done. The Seller
shall also carry comprehensive gacml liability including, but not limited to, communal and automobile public
liability insurance with bodily injury and dam hours of at least $300,000 for any one person, $500,W0 for any
incident and pmp,ny damage limit per accident of $401 The Seller shall likewise require his
contop ors, if any, to provide for such compensation and insurance. Before any of the Sellers or his eantrmmrs
employees shall do any work upon the premises of others, The Seller shall fmish the Purchaser with a fair dram
that such compensation and insurance have been provided. Such cattlemen shall specify the date when such
ompensation and insurance have been provided. Such certificates shall specify The date when such compensation
and insurance expires. The Seller agues mot such mmpemation and imumpce shall be maintained until after the
entire work B completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me alire responsibility i d liability for my and all damage, loss ar injury of my kind
r opmre whatsoever to pmAm or property caused by in resulting from the execution offs, work provided for in
this purchase order Or in connection Mnwith. The Seller will indemnify and Sold harmless the Pun ad my
r all of the Purchasers officm, agents and employees from and against my and all claims, Impend, damages,
stages or expenses, whether direct or idirecl, ad whether To persons nr pmperty to which the Purehaes may
be put or subject by reman of my sm, oomim. meSlm, omission or defaull on the pm of The Seller, my of his
contracors, or my of The Sellers or contractors aware, agents or employees. In case my suit or oritt
proceedings shall be brought against the Purchaser, or its officers, agents in employees at my time on aceovat or
by femur of any rot, no, ogled, omission or default of the Seller of my of his an.mrs many of ism or
Their officers, agents or employees as aforesaid, the Sella hereby agrees to assume she defense thercof asd to
defend the same m the Sellers own expense, to pay my and all cuts, charges, moseys fees and other expenses,
my and all judgments thus may be incurred by or obtained against the propper or any of its or their oRars,
agents or employees in such suits or other proceedings, and in com judgment or other lien be placed upon or
obtained against the property of the Purchases, or said parties in or as a result of such suds or other proceedings,
the Seller will at once cause the more m be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall Take all safety precautions, famish and install all guards necessary, for the prevention of
accidents, comply with all laws and r,alone. with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03a0I0