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HomeMy WebLinkAbout372415 RBB ARCHITECTS INC - PURCHASE ORDER - 9131500Fort Collins Date: 05/23/2014 Vendor: 372415 RBB ARCHITECTS INC 315 E MOUNTAIN AVE SUITE 100 FORT COLLINS CO 80524 PO Number Page 9131500 'eft This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 03/22/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 change order 1 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 1 LOT EA 1,999.56 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Ford Collins is exempt from arm end [coal som, Our Exemption Number is I I. NONWAIVER. 98 W502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and canrhtiorm, hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, I14 (a). exercise any rights or remedies provided 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 ofthe design, shall pat release the Seller of Goods Rejected. GOODS REJECTED due to failure p, meet specificaliers, either when shipped or due to defects of troy of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in m nsiq may be retumd to you for credit and are not to be replaced except upon receipt of written on robust, to insist upon spirt performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in weponse to an this order cresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment oa the Part of the City of Tom Collins However, it is to be understood that FINAL Sella and the Emanuel recognize that in actual economic practice, overcharges resulting boom antitrust ACCEPTANCE is dependent upon completion ofellapplieable reqoirdinspection procedures. violations are in fact home by the Purchaser. Theretofore, far go ad cause cad as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freiglt Tam¢. Shipments most be F.O.U., City of Fon Collins, 700 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or hate antitrust laws for such overcharges relating to the particular gaods or services otherwisespecinod on this aide,. Upeemission 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. Shipment Distance Where manufacturers have dismbulin, points in variants pans of the country, shipment is expected form the nearest distribution point to destination, and excess fmigld will be compared from Invoice when shipments We made form greater dlnnen Permits. Seller shall procure at sellers sole cost all necessary permits, certificame and licenses occurred by all applicable laws, regulations, ordinances and torus of the slate, municipality, territory or political subdivision where the work is performed, or required by any other duly constioned public amount, having R nsdictian over the work of vendor. Seller further agrees to ]told the City of Fort Collim harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles load part remenrs. Authorization. All parries to this contract agree that the represaimi ieds are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms sad conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jetted 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anaelral hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial 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 of placing 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 are bryond its reasonable control and is about its fault at negligence, such acts of God acts of civil or military authorities, governmental priorities, fires, strikes, need, epidemics, wars or riots provided that deice of the conditions causing such delay is given to the Nonunion within five (5) days of 0e time when the Seller CIM received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time normally lost by reason of the delay. 3. WARRANTY. The Seller warrants that sll goods, articles, mmedals and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'milar marmru The Seller agrees to hold Ne purchaser handless from any loss, damage or expense which the Purchaser may sage or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects of real. arising within one (1) year or within such longer period of time as may be prescribed by law or by the foods of any applicable warranty provided by the Seller after the date of eceptance of the goods fumishd hereunder (acceptance not to be unreasonably delayed), resulting Wm imperfect or defective work done or materials Rumored by the Seller Acceptance or use of goods by the Purchaser shall not or.timm a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the broach of any of the foregoing warranties or gnappind,, but such liability shall in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CI IANGES IN LEGAL TERMS. The Purchaser may make changes on legal terms by wren change order. S. CHANGES IN COMMERCIAL TERMS. The Pin,baroar may make any changes to the terms, other than legal tears including additions m or deletions from the quantities militarily ordered a he speeifleadons or drawings, by verbal tur wrt4u change order. If any such change affects, he amount doe or the time of performance hercwda, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may at any time by wimen change order, terminate this agreement as to any or all anions of the Words then non shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which me the Sellers Aamdmd stock No such termination shall mellow, me Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be miscued within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller ..Hams Thar sll goods sold hereunder shall have been produced, said, delivered and famished in smct compliance with all applicable laws and regulations to which the goods are 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 omfomted in agreemwrs of this character are hereby incorporatod herein by this reference. The Seller agrees in indemnify and hold the processor harmless Crom all costs and damages dBlered by the Purchaser is a result of the Sellers failure to comply with such Inc. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written Consent of the other party. 10. TITLE. The Seller warrants full, dour and unresvleted title to the Purchaser far all equipment, materals, and in. famished in performance of this agreement, free and clear of any and all liens, rennclions, reservations, security interest encumbrances and claims ofidurs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifdhe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and me Seller shall pay all costs associated with such work. The Seller shall release the Purchase, and its contractors of any tier from all liability and claims of any nature resulting fiom the performance ofsuch work. This release stroll apply crop in the event of fault of negligence of the any released and shall extend to the docamR, ofi ctup and employees ofsuch party. The Sellers contractual obligations, including ordinary, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Pumb ter. 14. PATENTS. Wheneverthe Seller is required to use any design, device material or process covered by letter, potent, trademark or copyright, the Seller shall indemnify and save handless the Purchaser from any and at 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 cost, expense or damage which it may be obliged to pay by reason of such mfir,ament at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held m counduc a infringement and the use of said equipment or pan is enjoined, the Seller shall, al its own expense cad at its opfioa, either procure for the Purchase the right to continue using said equipment or pans, replace the same with substantially equal but Worshipping equipment, or modify it so it becomes naninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or botdrm b make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this order may fanhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions officials used or the interpretation ofthe agreement and the rights of all parties hereunder shall be compared under, and froacmd by the laws of the Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represemtive(s), on the premises oforhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of say accident, despunimi or injury to the work andor materials before Seller's final completion and acceptance, complete the walk at Sellers own expense and to lice satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, regard, store and handle same a the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, 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 slate in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited to, contracual and automobile public liability insurance with bodily i Jury and death limits of at least S300,000 for my one person, $500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise rryuire his contractor, if any, to provide for such compensation and insurance. Before any of the Sallee, ar his aontmamrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificalw shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation cod insurance expires. The Seller agrees that such compensation and insurance shot] be mainlined un01 after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature who.oever to persons or property caused by or reaching from 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 r all of the Purcbrs oRcers, agents and employees from and against any and all claims, lasses, damages, cue harges or expenses, whether direct or indirect, and whether to persons or preparr, Ito which the Random, may be put or subject by reason of any act, action, neglect, omission or default on the part of Ire Seller, any rights conductors, or spy of the Sellers or contractors officers, agents or employees. In use any suit or other proceedings shall be bought Wars, the Purchase, or its officers, agents or employees at any doe on account or by reason of any act, action, neglect, omission or default of the Seller of any of his announce, or any of its or their officers, agents or employees as afaresaid, the Seller hereby agrees 1. assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all cos., charges, artomrys fees and other expenses, any and all Fulcrums that may be incurred by or obtained against the Purehastt or any of its or their officers, agents or employees in such suits or other pmcedings, and in care judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once reare the same do be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of tridents, comply with all laws and regulations with regard to safety including, bud without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Revised 032010