HomeMy WebLinkAbout372415 RBB ARCHITECTS INC - PURCHASE ORDER - 9144758 (2)Fort Collins
Date: 10/17/2014
Vendor: 372415
PURCHASE ORDER
RBB ARCHITECTS INC
315 E MOUNTAIN AVE SUITE 100
FORT COLLINS CO 80524
PO Number Page
9144758 1of2
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: 08/15/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Provide Construction Drawings 1 LOT EA
Safe House
per change order 1 dated 10-9-14
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 Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is
99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Inwmal Haven=, Denver, Colorado (Ref Colorado Revised States 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due Io defects of
damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt of written
instructions Imm the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arivel.
Final Acceptance. Receipt of the merchandise, setae r equipment in response to this order canresult in
authorized payment on the pan of the City of FortCollins. Howeveq it is to be understood thatFINAL
ACCEPTANCE is dependent upon wmpletion of all applicable required dopection procedures.
Freight Tema. Shipments must be F.O.B., City of Fart Collins, NO Wood SC, Fart Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be wcepted.
Shipment Distance. Where manufrduren have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall prose at sellers sale cost all nmesmry permits, certificates and licenes required by all
applicable laws, regulation, ordinances and rates of the state, municipality, century or political subdivision where
the work is performed, or required by any other duly corodimted public ordinary having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
Incurred by them by reason of an asserted or established violation of any such betas, regulations, ordinances, rates
and requirements.
11. NONWAIVER.
Failure of the Purchaer to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
examisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, e he acceptance ofor payment for goads hereunder or approval of the design, shall not release the Seller of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver Orion, right of the
purchaser N insist upon strict performance herenfor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
am) modification or rescission of this purchase order by the Purchaser operate a a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
Purchase order, the Seller hereby assigns to the Purchaer 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 of acquired by the Purchaer pursuant to this purchase oNer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser curds the Seller to cored nonconforming of defective goods by is data to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, me Purchaser
may .use the work to be performed by the most expeditious mean available N 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 from the Performance of such work.
This release shall apply own in the event of fault of negligence of the patty released and shall extend to the
directors, officers and employees of such party.
Awh rmausir All Fames a this contract agree that the repreenadives are, in fact, bona fide end possess full and The Sellers contractual obligations, including warranty, shall not be deemed to be refined, in any way, because
complete authority to bind said panics. such work is performed or caused to be performed by the Purchaer.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the to. and conditions sated
herein set forth and any supplementary m additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposal by seller are objected m and hereby amialed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
pmmied delivery date as noted. Time is of the damps. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial 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. Housve, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable comml and without its fault of negligence,
such acts of Cod, acts ofciAI or military authontia, gcommand priorities, Russ, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay a given to the Purchaser within five (5) days of the
fire when the Seller Ran received knowledge therm[ In the event of my such delay, me date of delivery shall he
extended for the period equal in the time actually last by pro n ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other desmptions given, will be fit for the pumoses intended, and
performed with the highest degree of care and competence in accordance with accepted waMmix for work of a
similar nature. The Seller agrees to hold the purchase, harmless from any loss, damage or expense which the
purchased may inflow or incur m warrant of the Sellers breach ofwamanty. The Seller shall replace, repay m make
good, without cost o the purchase, any damaka or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the tams of my applicable warranty provided by the Seller after the date of
acceptance of the good fumishad hareunder (zcceptaace rot to be unreasonably delayed), resulting from imperfect
or defecfisc work done or nationals famished by the Seller. Acceptance muse of goad by the Purchaser shall not
oaditate a waiver of any claim under this wvrenry. Except as otherwise provided in this purhaw oNer, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
w gmmmees, but such liability shall in no evmr includk loss ofprofts or low of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal hems by wnncn change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the wants, fiber than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order . If any such
change aRects the aoa due or the time ifperf awe hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by won= change order, Immirale this agreement as to any or all portions of the
Speaks then not shipped, subject to any equitable adjustment bebvem the panic as to any work or materials then in
progress provided Oat the Pureh• ^ shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods atdlor work, for incidenal or consequential damages, and quit no such adjustment be made in
favor i f the Seller with respect o any good which are the Sellers standard stock. No such w... shall relies'e
the purchaser or the Seller of any i fthen obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjusmwor most be assured widow tWtry (30) days from the date dw change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warats Oat all goods sold hereunder shag have been produced, sold delivered and faished in suit
compliance with all applicable laws and regulazion to which the good are subject. The Seller shall execute and
deliver such documents as may be tegaired Io ei can Or evidence.,[,.. All laws aM regulation rtquiredW be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaer harmless tram all eats and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign ".far, or convey this order, w my rmmia due m m become due hereunder without the
Poor wham consent ofthe other Ivry.
IR TITLE.
The Seller wamnts fuR, clear and uvrntoured title a the Parchaur for all equipment mmmi s, and it. famished
in perform a of Nt fr Nis agreement, anclew of clof my and all diemreresry , wrictions, eadons, summit, intent
encumbrances and claims i fathers
14. PATENTS.
Whenever the Sellouts required m use any design, device, material m pros. ..it by lend, patent, trademark
or capynght, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the ere of such patented design, device, material or process in connection with me contract, and
shall indemnify the Purchaer for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the pmsediumn or and the completion of the work. In case said equipment or
any part thereof or the intended ere of the goods, is in such suit held to constitute inGngement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and an its option, either procure far the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
naninfringing equipment, in modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent of bankrupt, make an acsignmenl for the benefit of creditors, appoint e
III or trunce for any of the Sellers pmpeny or business, this order may forthwith be canceled by the
Pucham without liability.
16. GOVERNING LAW.
The definitions of terms used or the mantrmaur n of the agreement and the righU of all parries hereunder shall be
dmamed under unconcerned by the laws India State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hemnder.
including Ore sms'fca of5ellers Repreamingive(s), on the premiee of others.
IT SELLERS RESPONSIBILITY.
The Seiler shall curry on said work at Seller's own risk wtil the same is fully completed and awaited, and shall,
in ere of any accident, destruction or injury to the work and/or materials before Sellers firal completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When mmcrials
and equipment aft burnished by others for installation or eeaion by the Seller, the Seller shall receive, antacid
store and handle same at the sue and become responsible therefor as though such mmenals andor equipment
were being famished by the Setter under the order.
18. 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 is connection with the work covered by this purchase ender,
and/or to their depeMents in accordance wit the laws of the slate in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contactual and automobile public
liability mouramc xi E tidily injury and Odin limits of at least S30d" for any one person. $500,fifiss for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any. to Provide for such compmtc+tion aria insumuce. Before any of the sellers or his contractors
employees shall do any work upon the premises of others, the Seller said famish the Purchaer with a mnificam
that such compensation and insurance have been Provided. Such crnifiewa s shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expim. The Seller agrees that such compenwtion and inurame shall be tminained until other the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby nssumn the entire respnnsibiliry and liability for any and all damage, loss or injury ofany kind
or cotare whanm.er to person or property caused by or resulting farm the execution ofthe wark provided for in
this purchase order is, in connection herewith. The Seller will unhappily and harm hold less the Purchaer and any
w all of the purchases; officers, agents and employees from and against any and all claims, losers, damages.
charges or expense, whether direct or indirect and whether w person or property to which the Purchaser may
be put Or subject by reason of any cot, motion, neglect, omission or default an the pan of the Seller, any of his
contants, or my of the Sellers in concommus officers. agents or employees. In case any suit or other
proceedings shall be brought it'int the Purhaer, m its officers, agents or employees at my time on account or
by reason of my set action, pigpen, omission or default of the Seller of my of his contractors or my of its or
their oMd., agents or employees n aforesaid the Seller hereby agrees to aamrc the defense tMrtof anal to
defend the sae at the Sellers own rxpeme, Irr pay any and all ants, chnges, anameys fees and other cxpene,
any and all judgments that may be material by or obuinW agars d the Purchaser or any of its Or their Officers.
agents m employees in such suits err other pandediags, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaer, or said parties in or as a result of such suits or other pnwerdings.
the Seller will at once cause the scow m Na dissolved wal discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety predictions, famish oral pound] all gumd nec¢sory fen the prevention of
adval s, comply with all laws anal regulation wit critical to safety inclmding, but without limitation, the
Owupatiotal Safety anal Health Ad of 1970 anal ell codes anN regodation issurN pursuant thetetl.
Revised] 07aO14