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HomeMy WebLinkAbout521044 PIE CONSULTING & ENGINEERING - PURCHASE ORDER - 9143399PO PURCHASE ORDER 914339er Page CI�/ of PURCHASE 9743399 1 of 2 ' `t Collins lins This number must appear �I ` , 1�7 on all invoices, packing sli s and labels. Date: 06/1712014 Vendor: 521044 PIE CONSULTING & ENGINEERING 6275 JOYCE DR SUITE 200 ARVADA CO 80403-7541 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/17/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Senior Center 1 LOT LS 8,225.00 Perform diagnostic testing and perform entire building envelope test for completed structure. -reference emails from June 10 & 16, 2014 contact: Brian Hergott Dh# 970-221-6804 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. Dynamos the Cityof Fan Collins is exempt from stain and local mans. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Eacise Tax Exemption Cmificme of Registry M 6adl is registered with the Collector of Failure i f the Purchaser no loss, upon stria pert ace of ilne terms mad conditians hereof ounce or dday to Internal Revenue, Drover. Colmado (Ref. Colorado Revised Stamm 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the xcatmce.for payacnt for good hereunder or approval ofthe design, shall trot release the Seller of Good Rejected. GOODS REJECTED due In false to men specifications, either when shipped or due to defects of any of the wmreniies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in trams may be resumed to you for credit and are rot to be replaced except upon receipt of worm Purchaser to insist upon stria performance haefor my of its rights or mncdies m to my such good, regardlrss instructions from the City of Fan Collins. of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall my pumoned am] modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS ate subject m the Cry of Fan Collin¢ inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sellers or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mahonzed payment an the pm of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting from anwt rit ACCEPTANCE is dependent upon completion of all applicable raluircl inspection procedures. violations art in fact home by the Purchaser. Theretofore fogood cause and m consideration for executing this purchase order, the Seller hereby assigns In the Purchaser any and all claims it may now have or hereafter Freight Icars. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, pan Collins, CO 80522, unless acquired under federal or state antitrust laws for such over bai relating in the particular goods or services otherwise specified on this aide,.Ifpamission is given to prepay Freight and charge separntely, the anginal freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast ace mpany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest d¢Wbutian point to destination, and excess freight will be deducted from Invoice when shipments are mink from greater distance. Random. Seller shall procure as sellers sale cons at] necessary permits, certificates em1 licearaes reamed by all applicable lawn regulations, ordinances and rules of the stale, mwicip ility, territory or political subdivision where the work 6 performed. or acquired by any other duly constituted public authority having jurisdiction over the work of ecalm. Seller Nobel agrees or hold the City of Fad Collins hamlets film mal v,a. all liability and loss ncmred by than by reason of wo asserted or establishM Oilman of any such laws, regulations, ordirunces, rules and quit menu. Authonvtion. All panic m this contract agree that the represrnmtivcs al in fact beau fide and passe, fun and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the remains Slid conditions small herein an forth and any supplementary or additional term and conditions annexed hereto or incorporated hereto by reference. Any additional or different tells and conditions proposed by seller are objetrdm and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING. AGENTimmediately ifyou cannot make complete shipment to active on your promised delivery dare as noted Time is of the essence. Delivery and performance must be elected within the time stated on tire 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 remalles, the option i f,drain, 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 beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil ar military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time *bar the Seller first received knowledge thereof In the event of any such delay, the dale of delivery shall be extended for for penal equal to the time actually lost by reamer ofNe delay. 3. WARRANTY. The Seller wannmm that all good, articles. marmam and work coward by this order will conform with applicable drawings, specifications, samples mdlor other descriptions given, will be fit for the Purposes intended, and performed with the highest degree of cart and ismgarnee in accordance with x'cepled smndrds far work of a similar file. The Seller agrees to hold the purchase, harness farm any loss, damage or expense which the Purchaser may suffer or incur on xcoum of the Sellers brexh f.V. The Sella shall replace, repair or all good, without cost to the purcluse9 any defects or faults arising within one (1) year or within such longer period of time in may he prescribed by law or by the terns ofany applicable warranty provided by the Seller after the date of acceptance of the goods Ermined hereunder (acceptance not to Is, unreasonably delayed), resulting farm imperf t or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except in 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 warranties or guamntem, but such liability shall in no event include loss oddoofim or loss of use. NO IMPLIED WARRANTY OR MERCI LAN I'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer any make changes b legal terms by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purnhuer may make any connotes to the temrc, other than legal team, including mintiom to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change aReas the amount due or the time of pert hereunder, on equitable adjustment shall the made. 6. TERMINATIONS. The Pumhucr may at any time by wrimea change order, terminate this agreement m to my or all portions of the goods then not shipped, subject to my equitable adjustment between the ponies as to any work or mammals then in progress provided thal the Purchaser shall not be liable for my claims for anticipated pair% on the mcompleted portion of the good andar work, for involving nvolvin l or consequential damages, and that n uch adjustment be made in favor of the Sella with repeat to any goals which ere the Sellers smndrd stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations is to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thin, (30) days from the des r he change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in sold, compliance with all applicable laws and regulations to which the ponds are subject The Seller shall execute and deliver such documents as may be paired to enact or evidence compliance. All laws and regulations required is her incorporated in agreements of his character are hereby unconvinced herein by his reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers Di lure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, err my monies due or to become due hereunder without the prior women camrnt of the other parry. 10. TITLE. The Seller warra as full, clear and unrestricted doe to the Plmhaser for all equipment, marruni all items finamduld in perfmmmce of this agrermem, free all clear of any and all lieu, marathons, rese 1mrs, saanry intent mcumbrauces and claims ofotbers. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Selleno cone. nonconforming of defective good by a date to be opmed .,an by the Purchaser and the Sella, and the Seller thereafter indicates its i adahly err unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mews available tp it, and the Seller shall pay all costs asximed with such work. The Se11a shall mlrme the Purchaser and its cosmonauts of any all from all liability and claims of any nature resulting tram the performm¢e, ofsuch work. This release shall apply even in the event of fault of legligmce of the puny mlcued and shall extend to the directan, officers and employers ofsuch parry. The Seders contractual obligations, including warranty, shall trot be, damrd to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, palms, trademark or copyright, the Seller 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 conneaion 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 prosamion m after the completion of the work. In case said equipment, or any pan thereof' or (Le intended me of the good, 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 option, either procure for the Purchaser the right to continue ruing said equipment or pans, replace the same with substantially equal but nounfnnging equipment, or modify it so it becomes noninfeinging. I S.INSOLVENCY. If the Seller shall become insohent or booko r, make an assigmrrcnt for he hnmOt of credlmrs, apminr is ancrover or trace for any of the Sellers property or business, this order may forthwith be canceled by the Pumhaser without liability. 16. GOVERNING LAW, The definitions ofterms nsed or the interpretation orate agreement aed the rights ofall pries hrrerader shall be construed order and gowerned by the laws c fthe State of Colorado, USA. The following Additional Conditions apply only in cones where the Seller is to perform work becanda, including the services of Sellers Representative(s), on the premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said walk at Sellers own risk until the same is fall, completed and accepted, and shall, in case of Say accident, destruction or injury a the work nodal mounds before Sellers final completion and om,axam. complete the work at Sellers own expense and to the satirawfirn of the Purchaser. When muterad, and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, score and handle mine at the site and became responsible therefor as though such mmenals and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymml of workers compensation, including occupational disease benefits, to its emplayers employed on or in connection with the work covered by this purchase order. and'or to their dependents in xcardance with the laws of the state in which the ..,it is to be done. The Sella shall afro Barry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limos of at Ica. S300,00o for any are person, S5 W,000 for my accident and passing damage limit per accident of S400,000. The Seller shall likewise require his wommors, irony, to provide for such compensation and monsoon Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall f ish the Pumhaa with a cenifcare that such campcnvtion and insurance have been provided. Such anincatn shall specify the date when such mmpemation and imueance have been provide. Such certificates shall specify the dale wbar such compensation and insurance expires. The Seller agrees that such compensation all insurance shall be moinmined ..,it after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire respon ibility and liability for any and all damage, loss m injury of any kind or nature whatsoever to persons or popery caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will wdetinify and hold hamdem the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or partly to whim the Purchaser may be put or subject by rerun of any all, action neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or cantractars officer, agents or employees. [it case very suit o other proceedings shall he bmugl ,against the Pumhasea or its officers, agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees m of said, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and or expenses, Say and all judgment that may be incurred by or obtained against the Puncheon or my of its or their oflice%, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against he pmpeny of the Pantheon. or said pries in or as a result crawls suits or other proceedings, the Seller will or once cause the same to her dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, Entomb and ummll of gurd necessury for do, Prevention of accidents, comply with all laws and regulations with regard to cafery including, but without limication, the Occupational Safely all Health Aa of 1970 and all rules and regulations i,a<d pursuant thetew. Revised Wall10