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HomeMy WebLinkAbout372415 RBB ARCHITECTS INC - PURCHASE ORDER - 9144758PO PURCHASE ORDER 914475er Page City. of44758 lofz ' `t Collins( his number must appear ` v 1 1 on all invoices, packing slips and labels. Date: 08/15/2014 Vendor: 372415 RBB ARCHITECTS INC 315 E MOUNTAIN AVE SUITE 100 FORT COLLINS CO 80524 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 08/15/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Provide schematic design 1 LOT per proposal dated 7/17/14 and work order A1-01-2014. 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.mm LS 3,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Inge Order Terms and Conditions Page 2 of 2 I. COIMERCIALDETAILS. Tax exemptions. By summ the City of Fort Collins is exempt Sam stare and local saxes. Our Exemption Number is 98-04502. Federal Excise Tax F.xemprion Cermficote of Registry 84-6000587 is registered with the Collector of Inmrnul Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED doe to failure to meet specifications, either when shipped or due to def m of damage in transit may be resumed W you for credit past are not to h replaced except upon receipt of women instructions fmm the City of Fort Collins. Inspection. GOODS an subject to she City airport Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, services or egitipmm, in respomc to this order ran result in authorized payment on the pan of the City of Fort Collim. However, it is to he understood Nat FINAL ACCEPTANCE is dependent upon completion of al applicable required ma ntian procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, OW Wood St., Fun Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight end charge separately, fe original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. When manufacturers have dismbming paints m sae us pans of fe country, shipment is expected from the nearest distribution or to destination, and excess fight will be deduclM f Invoice when shipments are made firm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulalions, ordinances and rules of be slam, municipality, Imrarry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seller further agrees to hold the City of Fail Collins formless from and agaimt all liability and his incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and ex,to men.. Authorization. All panics to this eonmea agree that the representatires art, in Oct. bras fide and possess full and complete authority W bind said parfcx. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance w the term and conditions sand herein set forth and any supplementary or additional rams and conditions amexed hereto or incorporated herein by refrenee. Any additional or different terms and conditions proposed by seilc, am objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be a@cted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaser including, without limitation, acc,. of p om.l in,, delireon,, shall opeme m is waiver of this provision. In the event army delay. the P.mhaxr shall have, in addi,ion to be, legal and equitable remedies, the option .flowing fir 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 reasonsble control and without its fault of negligence, such acts of God, acts of civil or military authorities, gmemmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually lost by remain offe delay. 3. WARRANT. The Salle, warrants that all goods, articles, materials and work covered by this order will conform wif applicable drawings, speeifications, samples sector other descriptions given, will be fir far the purposes iarcnded, and performed with the highest degree of can and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which fe Purchaser may su@, or incur on escrow, offe Sellers breach of warranty. The Seller shall replace, repair or make Sri without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not W be unreasonably delayed), resulting from imperfect or defective work done or materials banished by the Seller. Acceptance or on of goods by the Purchases shall not constitute a waiver of any claim under this warranty. Except, as i ferwire provided in this purchase order, the Sellers liability hereurder shall extend to all damage proximately caused by the breach of any of the foregoing x'armries or gwouraces, but such liability shall in m 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 Puchaer may make changes W legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser many make any changes to the It —,.,be, than legal term, including additions to or deletion, from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aRttls the amount due or the time of pert ante hereunder, are citable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a1 any lime by written change order, terminate this agreemenl as ro any m all portions of the goods then not shipped, subject to any equitable adjumment Ietween the Brain, 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 of the goods and/or work, for incidental or consom,colial damages, and that no such adjustment be made in favor of the Seller with respect to any goo& which ore the Seller standard stack. No such termination shall relieve the Purchaser .,,be Seller of any of their obligations tom any ga.& delivered hereunder. T. CLAMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants far all goods sold hereunder shall have been produced, sold, delivered and fumahed in strict compliance with all applicable laws and regulations W 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 requind to be incorporated in agrernents of this character are hereby incorporated herein by this 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 fnilme to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, toaster, or convey this order, or any monies due or to became due heremlder without the prior written Mmn11 of the other perry. 10. TITLE. The Seller .,a Nil, clear and umen,icted title to the Purchaser for all equipment, materials, and hems furnished in purfirtmarace of this agreement, free and clear of any and all liens, matfiction, reservations, security interest mcumb your, and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict p tharmoncc of the Wane and conditions hereof. Gilure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breachbe acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser W insist upon strict performance hereof., any of its rights m remedies as to any such goods, regardless of when shipped, received or arcepted, as W any Prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate m a waive of any of the arm hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser mvc,ire No in actual ee m is practice, overcharges resulting from antitrust violations are in fact home by the Purchaser,Theretofore, forgoodcause 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 acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller no comet nonconforming or defective goods by a time to be agreed upon by the Eurehaur and the Seller, and the Seller lhereafier indicates its iability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious ream available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the pffsmance of such work. This release shall apply even in be event of Gull of negligence of the party relented and slull extend 10 the directors. otlicers ma employees of such parry. The Sellers contractual obligations, including warranty. shall not be deemed to he reduced, in any way, because such work is performed or wued to be perfumed by the Purchases. 14, PATENTS. Whenever the Seller is required to use any duipp, device, material or prows covered by letter, paleni trademark to copyright, the Seller shall indemnify and save hamleax 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 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 fining the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the good, is in such suit held to consomme infringement and the use of said equipment or pan is cojoined, the Seller shall, at to owns expense coal at its option, either procure for the Pmchaser the right to continue using said equipment or puns, replace the same with substantially equal but Raninfringing equipmmL or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditor, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitiam ofmenu used or the interposition. film agreement and be rights oTO] firies hereunder shall be consmed under and govemed by the laws offe Stare of Colorado. USA. The following Additional Conditions apply only in caser when the Seller is to perform work hereunder, including the services of Sellers Reprexntarivgs), on the premises climbers. 17. SELLERS RESPONSIBILITY. The Seller shall ,.arty oa said work at Seller's awn risk until the same is illy completed and accepted, and shall, in use of any accident, destruction m injury to the work aM/or materials before Sellers final completion and acceptance, complete the work at Sellers Own expense and to the satisfaction of the Purchaser. When materials and evuipmrnl art fumiahed by others for installation or erection by the Seller, the Seller shall receive, unload, store and Image same at the site and become respmmfle therefor as though such materials andror equipmeat were being boosted by the Seller maker the order. 18. INSURANCE. The Seller shall, at his own 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 pumhax order, .a&., to their dependents in accordance with the laws of the state in which the work is to be done. The Seller ,ball also cony compmhemive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ofar lean $300,000 fur any one person, SSoo OW In, any one accident and property damage limit per accident of "GE". The Seller shal likewise require his ommcrors, if any, to provide for such compensation man insurance. Before any offe Sellers or his commcton employces dull do any work upon the premises of others, the Sella dull reunion the Purchaser with a eeaificam that such compensation and imurdnce Save been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such compensatim and insurance shall be maintained until aBer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby m ram s the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whosoever to persons or property caused by or resulting fmm the execution of the work provided for in this punclsom order or in coamemimn herevsif. The Sam will indemnify and hold harmless the Purchanr and any or all of the FuxM1uscrs officers, ageae and employees from and sooner any and all claims, lossn,, damagn,, charges or expenses, whether direct m indirect, and whMer to persons or progeny W which the Purchaser may be put or subject by remain of any act, action, neglect, omission or default as fe pan of the Seller, any of his contactors, or any of the Sellers m contractors officers, agents or employees. In case any suit or other proceedings shall be brought e,imr the Purchaser, or its oRicco, 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 contactors or any of its are their officers, agents or employees ex aforesaid, the Seller hereby agrers to assume the defense thereof and W defend the same .1,he Sellers own expense, to pay any and .11 costs, charges, mromcys Fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other pWccedings, and in case judgment or other Him be placed upon or chimed against the property of the Purchases, or mid parties in cr m a result of such suits or other proceedings. the Seller will at once roux the same to be dissolved aed discharged by giving broad or otherwise. The Seller and his contractors shall take all safely paramount. aunt. famish W immll all guar& ruccra ry for the pmrntion of azddents, comply with all laws and regulation wit regard to safeq including, but without limitation, the Occupational Safety and Health Act of 1900 orb all rules W regulations issued pursuant thereto. Revised 07Q014