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HomeMy WebLinkAbout372415 RBB ARCHITECTS INC - PURCHASE ORDER - 9145024Fort Collins Date: 09/02/2014 PURCHASE ORDER Vendor: 372415 RBB ARCHITECTS INC 315 E MOUNTAIN AVE SUITE 100 FORT COLLINS CO 80524 PO Number Page 9145024 1012 This number must appear on all invoices, packing slips and labels. Ship To: EDORA POOL ICE CENTER (EPIC CITY OF FORT COLLINS 1801 RIVERSIDE AVE FORT COLLINS CO 80525 Delivery Date: 09/02/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price EPIC front counter design 1 LOT LS 8,100.00 WO#A1-05-2013 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tends and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempti ,By.danne the City of For Collins is exempt fan, state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Faleml Excise Tax Exemption Catificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or all to Intend Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114Ia), exemise any rights or remedies provided heron or by law, failure to promptly notify foe Sella in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected, GOODS REJECTED due to failure in meet specifications, either what shipped or due to defaces of MY of the wzrmnlias or obligations of this purchae order and shall not be deemed a waiver of any right of the damage in transit may be retumed to you for credit and ate ant to be, "Based except upon receipt of wrinen parchuer m insist upon strict performance Farenfor any of its rights or remedies as to any such goods, regardless interactions Imo the City of Fort Collins. of when shipped, received or accepted, res to any prior or subsequent default hereunder, nor shall any imported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS are subject o the City of For Collins impa rion on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT HE ANTITRUST CI,AI MS. authorized payment on the pan of the City of Fort CoRiw. However, it is tobe undersmod thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE: is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Pmuvse clr. Thernorrre,nfotr good cause and as consideration for exacting this purchase onda, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tmem. Shipments must be F.O.B., Ciry of Fort Collins, 700 Wood St, Too Collins. CO 80522, unless acquired under federal or stare aatimsst laws for such overcharge relating to the pcnimlm goods or incomes otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to Nis purchase order. bill must accomwnv involve. Additional charges far packing will not to, accepted. Shipment Distance Where manufacturers have distributing points in various puns of the chanty, shipment is expected fiom the nearest distribution point to destination, and excess freight will be deducted Gam Invoice when shipments ate made from realer distance. Permits. Seder shah pruchre st sellers sole cost all era., permits, cariecates it licerssrs rryairN by all applicable Iowa, regulations, indiwnces and rules of the state, municipality, territory or political subdivision where the work is pert ed, or required by any other duly constituted public authority havingjudsdieion over the work if vend., Seller further agrees to hold the City of Too Collins harmless I. and against all liability and loss incurred by them by remain of an instinct or established violation of any such laws, re,ti aliau, ofdinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Parchau Order expressly limits acceptance or the terms and conditions slated herein set (Dish and any supplementary or additional arias and conditions am¢xed hereb or incorporated herein by reference- Any additional or different menu and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna, make complete shipment 1. once on your premised delivery date as noted. Time is of the essence. Delivery and performance taus, be nieaed within the time stated on the purchase order and the decumens attached here(. No act of the Purchasers including, without limim,im, acceptance of partial lam deliveries, shall d wane as a waive, of Nis provision. In the even of any delay, Ne Purchaser shall have, in addition Ix other legal and lariublr remedies. Ne option efPlacing this order elsewhere and holding the Seller liable for damages. ❑owa'a, no Sella shall no, be liable fa darangrs as a it of delays due to couses net reassembly foreseeable which are beyond its remnable expand and without its fault ofnegligence, such act of God, ads xfcivil or military authorities, govemmmtal priorities, fees, sakes, float epidemics, wars or Thus provided that notice of the conditions causing such delay is given to the Purchaser within Gve (5) days of the time when the Seller first received knowledge thereof In the even of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Sella warrants that all good, articles, oaten ds and walk covered by this order will conform with applicable drawings, specifications. complex and/or other descriptions given, will W fit for the purposes intended, and performed with Ne, highest degree of time and competence in accordance with acerplei sundard for work of . similar wore. The Seller agrees to hold the purchaser homeless from any loss, damage or ex,aft. which he Purchaser may suffer or incur on account of the Sellers bream of warranty. The Seller shall replace, repair or make good, without coon the purchaser, any defials or Nutt raising within one (1) 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 nget the date of acceptance of the goats famished hereunder (acceptatance not to be unressornbly delayed), resulting fmm imperfect or defective work done or human s famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this.1y. Except as otherwise provided in Nis purchase under, the Sellers liability hereunder shall extend to all damages pmximhmty wused by the breach of any of the foregoing warranties or gwmntces, but such liability shall in no event include loss ofpmnm or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wdnen change order. 5. CHANG FS IN COMMERCIAL TERMS. The Ptuchaser may mike any changes to the arms, Other than legal terms, including additions to or deletions fmm the quscromes originally ordered in the specifications or drawings, by vertal or wruen change order. If any such change operas the amount due or the time of perfmmance hereunder, M equitable adjustment shall be made. 6. TERMINATIONS. The Pumbaser may at any time by written change order, temrinate Nis a,memem w m any or all mmime of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progrns provided that the Purchaser shall eat be liable far any claims for anticipated profns era the uncompleted portion of the goods wasVor work, for incidental or caser,atchal damages, and Out no such adjustment he made in favor of the Sella with respect to any good a which are the Sellers standard stock. No such mrmiwtion shall critic's, the purchaser or the Seller ornery of their obligations as to any goods delivered bereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be, asserted within min, (30) days from the dam the change or tepninatlon is ordered. 8. COMPLIANCE Will '11 LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict omplianee with all applicable laws most regulations in which the goad are subject The Seller shall execute and deliver such documents u my be required Io effect or evidence compliance. All laws and regulations "Road Or be coryonted in agreements of this character are hereby incoryotured herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs said damages suffered by the Purchaser as are al, ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written mount of the other Pont. 10. TITLE, The Seller warrants full, clear and constructed title to the Purchaser for all equipment, materials, and items fumished in ptafromannec of this agrc aeon, face and clear of any and all diem, reanctions, resenations, security monesr accountants. and claims i fahers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direets the Sella 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 m he performed by the most expeditious means available to it, and the Seller shall pay all rost associated with such work. The Seller shall release the Purchaser orb its mareatlors of any lie, from all liability and claims of any reture resulting from the performance ofsucb work. This release shall apply even in the evens of fault of negligence of the Entry .leased and shall cxmnd to the directors, offers and employees ofmurh any, The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused f be performed by the Pmcbaser. 14. PATENTS. Whenever the Sella is required I. use any design, device, material or praess covered by let., mad, reademark or copyright, the Sella 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 Erwesa in connection with the contact, and Shall indemnify the Purchaser for any cast, expense or damage which it may be, obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In cave said equipment, or any pan therm( or the intended use 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 option, either procure for Ne Purchaser the right to continue using said equipment Or pans, replace the same with substantially equal but MateGral equipment or modify it w it becomes muffifringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp. make an assignment for the benefit of creditors, appoint a receiver err Income for any of the Sellers propafy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation offs, agreement and the rights ofall parties hereunder shall be, command under and govmred by Ne laws ofNe State of Colorado, USA. The following Additional Conditions apply only in ace, where the Sell,, is an alron t work hereunder, including the services of Sellers Represenmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work 0 Seller's own risk until the same is fully completed and accepted, and shall, in case, of any accident, destruction or injury to the work and/or materials before Seller's final completion and acee9tarem, complete for work it Seller's own expense and to the satisfaction c f the Purchaser. When rwleriab and elmpMM are famished by others for installation or erection by the Seller, the Sella shall receive unload, store and handle same at the site and become responsible therefor as through such materials andror equipment were being( ishcd by the Sella under the order. 18. INSURANCE, The Seller shall, at his own expense, p.,ida far the payment of workers cmr,ross ich, including occupational disease benefit, to its employees employed sit or in connection with the work covered by this purchase order, mal m their dependents in accordance with the laws of the the in which the work is to be done. The Seller shell also ratty comprehensive Instead liability including, but not limited to, contraawl and automobile public liability insurance with bodily iajury and death limits of at least 5300 OOO for any one person. 550ROIX for any one accident and pai damage limit per accident of 5400,000. The Seller shall likewise coal his if any, to Provide for such campmmtion and insurance. Refuse any of the Sellers or his contractors employees shall do any wark upon the premises of others, the Seller shall famish the Purchaser with a ceni ewer that such compensation and insurance have been provided. Such venlficates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella ogees that such compensation and mo mnee shall be maintainN umil after the entire wok e, completed and acceplM. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby euama the entire responsibility and liability for any and all damage, loss m injury of any kind r nature whatsoever to Persons or property caused by or resulting from the execution of the work paccident for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of me Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct of indirect, and whether to permits or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his con ecors, or any of the Sellers or contractors officers, agents or employees. In cars, any suit or other proceedings shall be brought against the Pmchutt, or its officers, agent or employees at any time on around or by reawn of any act. action, neglect, omission or default of the Sella of any of his contractors many of its or their officers, agent or employees as aforesaid, the Sella hereby agrees no assurne the defense thereof and to defend the same at the Sellers awn expense, to Pay any and all costs, charges, anomeys fees and other expenses, any and sell judgment that may be incurred by or obtained against the Purchaser or any of its or their otfcers, agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same f be, dissolved and discharges] by giving bond or otherwise. The Sella and his contractors shell take all votary precautions, furnish and irstall all guard necessary for the prevention of accident, comply with all laws than regulations with regard to safety including, but without limimno., to Occupatisrml Safety end Health Act of 1970 and all rules and regular.. issued p.., thereto. Revised 0712014