HomeMy WebLinkAbout439705 BELFORD WATKINS GROUP ARCHITECTS - PURCHASE ORDER - 9955379PO
PURCHASE ORDER 995537er Page
Clty. of PURCHASE
9955379 ' of 2
' `t Collins
I„s This number must appear
V ` , 1 on all invoices, packing
sli s and labels.
Date: 1111412014
Vendor: 439705
BELFORD WATKINS GROUP ARCHITECTS
PO BOX 1306
FORT COLLINS CO 80522
Ship To: POUDRE FIRE AUTHORITY - AD
102REMINGTON
FORT COLLINS CO 80524
Delivery Date: 09/03/2009 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Change Order
Resolution 14-15
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.00m
1 LOT EA
151,944.00
$151
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Eder Terms and Conditions Page 2 of 2
1. COMMERCDM.DEIAILS.
Tax exemptions. By statute the City of Fort Collins is exempt f stale and local uses. Our Exemption Number is
11. NONWAIVER,
98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered wiW the Collator of
Failure of the Purchaser to insist upon strict per(onnance offe terms and conditions hereof, failure or delay to
inmmal Revenue, Deaver, Colorado (Ref. Colorado Revised Spmtes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, fnilum to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall nor mlease the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligaions of this purchase order end shall not be deemed a waiver of any rigid of the
damage in transit, may be rteumed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any arils rights or remedies sac to any such goods, regardless
instructions from We City of Fun Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or remission of this purchase order by the Purchaser operate in a waiver of any of the mnres
Impedion. GOODS are subject to the City of To" Collins inspection on arrival.
hrreof.
Fluid Acceptance. Reecip, of the merehandise, sanices or ryuipment in response 10 this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
melon iml payment on the pan of the City of I. Collins. However, it is to M wdermand that FINAL
Seller and me Purchaser recognize that is actual emplamid practice o rmhaages put ( antimtsa
ACCEPTANCE u dependent upon completion of all applicable required inspection procedures.
violations are in fact bome by the purchaser. Theretofore, for good cause and as consideration fro executing this
purchase order, the Seller hereby assigns to the Purchaser, any and all claims it may now have m hereafter
Freight Terms. Shipments most M F.O.B.. City of Fort Collins, 700 Wood Su. Fail Collins, CO 80522, unless
acquired meet fedea or stare act., laws far such overcharges rtiming or the particular good or spices
otherwise specified on this order. Wpermission is given ro prepay freight and charge separately, the original freight
purchased or acquired by the Furchuet pursuant m this purchase order.
bil I must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. -
may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall paoctue at sellers sole cost all necessary permits, certificates mid licenses requited by all
applicable laws, rcgulatiorn, ordinances and rules of the stag, municipality, mortality or political subdivision where
The Seller shall redeem the Purchmer end its dentracmrs of any tier fmm all liability and claims of any nature
the work is performed, or arquired by any other duly constimled public authority having jurisdiction more the work
resulting form the performance of such work
of vendor. Seller further agrees to Mid the City of Fort Collins hmmiess from and agafsl all liability mot loss
incurred by them by reamen of an asserted or established violation of any such laws, regulations, mrdiiances, roles
This release shall apply even in the event of fault of negligence of the party relessed aid shall extend an Me
and requirements.
directors, mfcers and employee, ofsuch parry.
Authorization. All parties to this contract agree that We reprtunlatives art, in Baer, Mies fide and possess f II and
complete molmo ty to hied said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions staled
herein set forth and any supplementary or additional terms and conditions annexed hereto or inco"cated herein by
tramper. Any additional or different terns and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately try.. capital make complete shipment m arise oa your
promised delivery date as nomd. Time is of the counter. Delivery and Performance most M effened within Me time
speed on the pupdhax Omer and the documents mtuhed hereto. No acts of the Purchasers including, without
limitation, repia a of partial late deliveries, shall operate as a waiver MI'Mus provision. In the an, i ferny delay,
Me Purchaser shall have, in addition to other legal aal equitable remedies, the option ofplacing this order elsewhere
and holding Me Seiler liable for damages. However, fie Seller shall rot M Italic for damages as a result of delays
due to causes not rea trably foreseeable which are beyond its comparable control aid without its fault ofnegligence,
such acts afGad, acts of civil or military authorities, govemmrnial priorities, fires, strikes, Rood, epidemics, wars or
riots provided that notice of fie conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In fie went of any such delay, the dam of delivery shall be
extended for the period yard to the time actually lost by reason of the del.,
3. WARRANTY,
The Seller warants that all goods, articles, materials and weak covered by this order will conform with applicable
drawings, specifications, samples aa/ar other descriptions given, will M Et for the puryoms intrnhd, real
perfoamed with the hippest degree of care and competence in accordance with anerysed sandmd for wok of a
similar nature. The Seller agrees or Mid the puachaser harmless floor any loss, damage or expenr which the
Purchaser may suffer or incur on swum of the Sellers breach of avam ent , The Seller shall replace, repairer make
good, without cost to red purchaser, any defecrs or faults arising within one (1) year or within such longer period of
time ss maybe prescribed by law or by the toms oferiy applicable impurity provided by We Seller after the date of
acceptance of the good finished hereunder (acceptance net to M communicably delayed), resuming from imperfect
or defective work done or materials fumished by We Seller. Acceppaa or use of good by the Purchaser shall not
constitute a waiver of troy claim coder this warranty. Except ss otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by me breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss fprofits or lass 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 mop by written change order.
5. CHANGES IN C04EMERCIAL TERMS.
The Paichsser pray make any changes to the temu, muter than legal a.—, including serf mom to or deletions fears
the quantities originally ordered in the specifications or drawings, by verbal or wrten change order. If any such
change affects the amount due or the time of perfomance hereunder, an cquimble s 1pirtment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the Parties as an any work or materials be. in
progress provided that fie Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good ardor work, for incidental or co admica lal damages, and that no such adjustment be made in
IS... of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall raliwe
the Puahaur or the Seller of any of their obligations as ed any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for acrom end must M assumed within Mi, (30) days fmm the dais the change ar automation is
ordered.
8. COMPLIANCE WITH LAW.
The Seiler warrants Burr all goods sold hereunder shall have been produced, sold, delivered and fumished in strict
compliance with all applicable laws end negotiators so which the good am subject. The Seller shall execute and
deliver such documents as may M required to effect presidents, compliance. All laws and regulations respond to be
incorporated in agreements of this character and hereby incorporated herein by this reference. The Seller agrees to
indemnity and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser ss a result of the
Sell. Fla. 1. comply with such raw.
9. ASSIGNMENT.
Neither pray shall assign, transfer, or convey Win order, or any molder due or or become due hereunder withmml the
Prior wdnan consent ofrhe other party.
10. TITLE,
The Seller weri Mi. clear as unrestricted title to the Pus local for all aryip ernl, mmesials, and it. fumished
in performance of cars agreement, fare and clear of any and all liens, reprictiarss, repirmlians, security interest
encumbrances as claims afofers.
The Seileen contractual obligations, including wermny, shall not M deemed to M reduced, in any way, Immure
such wart 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, patent, 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 deign, decide, material or process in commeetion with the contract, and
shall indemnify the Producer for any doer, expense or damage which it may M obliged W pay by reason of such
infringement at any time during the prosecution or after the completion of the woh. In tale said ryuipment, or
troy pan therm( or the intended use of the goods, is in such min held to ca mtmare iefnn appron and the use of
mid equipment or part is joiped, the Seller shall, at its ton expense and at its option, either Formula for the
Parchaur the right to continue using said apartment or part, matinee the more with substantially yual but
noninfnging equipment, or modify it so it becomes rmriwGnging.
15. INSOLVENCY.
If fie Seller shall become insolvent or bWrmpt, make an assignment for the benefit of creditors, appoint a
or trustee for any of the Sellers properly or basmad,, this oNer may forthwith be canceled by the
Purchase without liability.
16. GOVERNING LAW.
The defnitiass of temts used or the interpretation of the agreement and the rights Minh parties he reurder shall be
construed coda and governed by the laws ofthe State ofColondo, USA.
The following Additional Conditions apply mily in maws where Nc Seller ism perform work bartender,
including the spices o'Sellcrs Repreunptive(s), on the primmest ofodurs.
17. SELLERS RESPONSIBILITY,
The Seller shall carry on mid work at Seller own mk until the same is fully completed and azca,mil, and shall,
in u of any a aridenr, destruction or injury in the work and/or materials befare Sellers fire) completion cod
mereptanre, complete the work at Sellers awn expense and to fie satisfaction offe Purchaser. When materials
end equipment are punished by others for installation or erection by the Seller, fie Seller shall receive, unload,
stare aid handle same at the site and became responsible Matefr in though such materials appear equipment
were being fumished by the Seller under the older.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the paynncat of workers compensation., including accupatianal
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
arWor m their depetMents in accordance with me laws of the sale in which the work is to M dome. The Seller
shall alp carry compmhemive general liability including bass ter limited m, connactum and summabile Public
liability aerospace with bodily injury and deaf limits of m lease S300,000 for any one person, S500,000 for any
accident aid proper damage limit per accident of S40at100. The Seller shall likewise require his
contractors, if any, to provide for such comp oath ion and insurance. Before any of fie Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a certircam
That such compensation and insurance have been provided. Such certificates shall specify fie dam when such
compensation and inmmnce have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seiler agrees that such compensation mid insurance shall M maintained until after the
,mire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby assumes the entire maponsibiliry and liability for any earl all damage, loss m injury army kind
r wore wM.o , or persons or Property ramped by or resulting from the exeention ofMa work provided for in
this purchase order or in commection herewith. TM Seller will indemnify and Mid harmless den Purchaser aid tiny
or all of We Purchasers officers, agerees and employees frown and against any and d1 claims, losses, damages.
charges or expenes whether direct or material, and whether to persons or property or which fie Purchaser may
be put on subject by eeasen of any an, action, neglect, omission or default an the pap of the Seller, any of his
emissions, or any of the Sellers or convadoas officers, agents or employees. In tau any suit or other
proceedings shall he brought against the Pumhaxq or its officers, agents or employees an any time on account or
by reason of any act, action, neglect, omission or default of the Seller or any of his contractors many of its or
their afters, agents or employees as ntmessid, the Seller hereby agrees to assume the defense therm( and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attomrys fees and other expenses,
any and all judgments that may be incurred by m obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, And in cox judgment or other Iran be placed upon or
obtained against the property of the Purehaser, or mid parties in or ss a result of such suits or other proceedings,
Me Seller will at once cause the more to be dissolved and diseharged by giving Mal or othcrwie. The Seller and
his convactors shalt take all safety precautions, finish aid install all gaud necessary far the precaution of
accidents, comply with all laws and regulations with rtgard in mfety including, but without ha imdon, Me
pavprMnal Safety and Health Aet of 1970 as dl roles and regulations issued pmstam thereto.
Revised 072014