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HomeMy WebLinkAbout372415 RBB ARCHITECTS INC - PURCHASE ORDER - 9136793PO PURCHASE ORDER 913679er Page C117f of PURCHASE 9136793 ' of z t Collins�sllps This number must appear ` on all invoices, packing and labels. Date: 11/21/2014 Vendor: 372415 RBB ARCHITECTS INC 315 E MOUNTAIN AVE SUITE 100 FORT COLLINS CO 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/19/2013 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO Design drawing Boiler 700 Wood 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 1 LOT EA 1,820.00 Total $1,820.00 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 I. COMMERCIAL DETAILS. 'fax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificaw of Registry 84-6000587 is M ismred with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Interest Revenue, Denver, Colorado (Ref. Colorado Revised Satuta 1973, Chapter 39-26, 1 is (a). excreta any rights or remNies provided herein or by law, failure to promptly notify the Seller u the event of a breach, the acceptance afar payment for goods hereanda or approval fifth, design, shot ..I relesse the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifwtions, either when shipped or due m defects of on, of the wanm 6. or obligmmuss of this par chaa.rda and shall not be darned a waiver of my right of the damage in aansit may he rammed to you for cardit and art not to be replaced except upon receipt of written purchases to insist upon strict perli tmaricc bereufor any of its rights or remNies as I. any, such good, regardless instructions f the City of Fan Collins. of when shipped, ra,ived or accepted, si many prior of subsequrnt default hmunder, nor shall any purposed om) modification or rescission of this purchase order by the Purchaser operate se, a waiver of any of the menu' Inspection. GOODS are subject to the City of Pon Collins inspection as monvol. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respome to this order can . esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fiat Collins . Hoto be However, it is understood thatFINAL Seller and the Purchaser wrognire that in actual economic practice, overchanges resulting from antitrust ACCEPTANCE is dependent upon completion craft applicable required inspection p.ceduras violations we in fact home by the Purchaser. Theremf fe, for good cause and as consideration for executing this .rchau order, the Sella hereby aaigfa to the Purchaser any and all claims it may now have or hceafer Freight Tema. Shipments most be, F.O.D., City of Fort Collins, 700 Wood St,, Fort Calif., CO 80522, unless acquired under federal or state antim,t laws for such overcharges relating to the particular goad or services otherwise specified on this order. If peanission is given to prepay freight aN charge sepavtely, the original freight purchased or acquired by the Parchuer pursuant to this purchase order. hill most acmmnanv invoice. Additional chances for omkine will not be ammrN. Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is expected from the nearest distribution point of destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sell. sale cost all na., permits, arrifirtes and he. required by all applicable laws, regulations, mdlnance, and roles of me state, muaiciWhty, territory or .filial subdivision where the work is performed, or required by any other duly variational public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fiat Collins hamless from and against all liability and fuss incurred by them by mason of an assured or established violation of s, any such laws, regulationordinances, roles and requirements. Authorization. All NNes to this contract agree that the representatives art, in fact, Form fete and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits scceptance m He teen, and mMitieam stared herein set fonh and any supplementary or additional terms and conditions annexed hereto or incomorted herein by refem¢e. Any i dditi.rL or differenuerms and conditions ... .tied by seller are objected to and hereby rejated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to save on your Promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sited on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late dehveies, shall speech, as a waiver of this provision. In the event of any delay, the Purchaser, shall lave, in addition to other legal and equitable remNies, the option afplacing this order I.here and holding the Seller liable for damages. However, hire Seller shall not be liable for damages as a result of delays due to causes of maanably foreseeable which are beyond its reasonable font.] and without its fault of negligence, such acts of God, acts of civil or military authorities, gove.menml priorities, fires, strikes, food, epidemics, wn o ar riots provided that notice of the conditions causing such delay is given to the Purchora within five (5) days of the time when the Seller Fair received knowledge thereof In the event of any such delay, the date ufdelivery shall be extended for the pdN equal to the time actually Inert by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, di icles, materials and work rammeal by this order will conform with applicable drawings, spaificati... samples mdror other desaiptions given, will be fit for the purposes intended, and Perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. 'lbe Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suer er or incur on account of the Sell. Th breach of warranty. e Seller shall replace, repair or make good, without coat to the purchaser, any defects or foul, arising within one (1) year or within such longer period of time as may he praibed by law or by the tame, of any applicable worarty provided by the Seller altar the date of acceptance of the goods famished hereunder fampance not m be th ..ably delayed), resulting from imperfect or defective work dace or materials furnished by the Sella. Acceptance or tau of goad by the Pumhnser shall not cunshmm a waiver of any claim under Nis commonly. Except Of otherwise provided in this purchase order the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the bagging communities or gmmnters, but such liability shall in no 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 Famous. may make clauses to legal Tana by wrium change.rder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the tams, other than legal corms, including additions to or deletions from the q camilic, originally ordered in the spai demands or dmwings, by verbal or warren change order. If any such change offer, the amount due or fit rime.[performance hercunda, An equitable adjustment shall be made 6. TERMINATIONS. The Purebzier may at my time by written change offset, terminate this agreement as to any or all potions of the goads then rot shipped, subject to my equitable adjustment betwern the panic as to my wok or materials then in progress Provided that rate Pr mbases shall not he liable for any claims for anticipated profits on the anceamplered Portion of the good andror work, for incidental or consse marmal damages, and tat no such sdjustm e t be made in favor of the Seller with respect to any good which we the Sellm su W stook. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations a to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be maned within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants fast all goods sold hemv shall have been poNuced, sold delivered and famished in stict omdedoe with all applicable laws end regulations to which the good are subjar. The Seller shall execute and deliver such documents as may be mr fred to effector evidence compliance. All laws and regulations required to be incorporated in ogeemenrs of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchoser harmless from all costs and damages suffered by the Pmchuer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall sssign, transfer, or Gamey this order, or my monies due or to become it. hemander without the prior wdnen cement.fthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished I. paramecia, of this matime nt fee and clear of my and all he-. restrictions, rearvmions, warty interest rncumbmnces and claims oforbers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller 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 to be performed by the most expeditious means available to it, and the Seller shall pay all costs associntN with such work. The Seller shall release the Purchases eN its contractors of any tier from all liability and claims of any metre resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offers and employees afsaeh party. The Sellers contractual obligations, including warranty, shall not be damN to be reduced, in any way, because such work is paf N or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is raptured. use any design, device, marmot or process covered by live, patent, uademark or copyright, the Seller shall indemnify and save harmless the Purchaser prom any and all claims for inGmgeman 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 doing the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intadN tau of the goods, is in such suit held to corestrum inGngement and the use of said equipment or pan is enjoined the Seller shall, of its awn experew and err its option, either p.atre for tbe Purchaser the eight his motion, using said equipromt or pans, replace the same with substantially egnal but noninfNnging equipment or modify it so it becomes rwninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make as nssignmenl for the batefit of re duets, appoint e receiver or basic for any of the Sellers property or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The defnitior.fit. road or the irmartu ration of the agreement and the rights of all Wits hereunder shall be committed under end govemed by the laws.fthe Store of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Sellers shall cam on said work err Sellers mmm risk until the sans, is fully complaN and accepted and shall, eau of any saidmt, destmems. or injury to the work wWor materials heft Sellers !trot completion and acceptance, complete the work at Sellers own expense and in the satisfaction of the Purchases. When materials and escarpment an, famished by others for installation Or erection by the Seller, the Seller shell receive, wload, store and handle same at the site and become responsible therefor as though such materials andror ryuquicat were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compertsation, mutual occup rti.oal disease Farads, to its employees employed on or in correction with the work ensued by this putchzie order. rotor to their di,fach n, in accndaMe with the laws of the sent, u which the weak is . be done. The Seller shall also cart' comprehensive general liability including, but not limited to, moderated and aumnmbile public liability insurance with badidy injury and death limits of at least S3W," for any one person, 5300,000 for any one Thquire accident and property damage limit Per accident of S400,000. e Seller shall likewise rehis ontractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificae that such compemation and insurance has been provided. Such certificates shall specify the daze when such compensation and insumavided. rce have been proSuch canifcates shall specify the date when such compensation and resonance expires. The Server agrees that such compensation anal insurance shall be matnainN until after tbe entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my unit all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and cmployas from wood against my and all claims, losses, damages, charges or expenses, whether direct or iMirect, and whether to persons Or property to which the Purchaser may be put or subject by reason of my act action, neglect omission or default on the pas of the Seller, my of has contractors, or any of the Sellers or contndors .dicers, age. of employas. In coca my On or other proceedings shall be bmught against the Purchase, or its ollicm, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contrmmrs or my of its or their offers, agents or employees as aforesaid, the Sella hereby agrees to assume the deferue thereof and to defend the same at the Seim own ex.nse, to pay any and all costs, charges, attorneys fax and other expenses, any and all judgments that may be incurred by of obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pr.eeedings, and in case judgment or other lim be placed u.n or olaaued a,i., the property of the Purchaver, or said patio in or as a result of such .its or other p caradmil the Seller will of ono cave the same to he downbeat and discha al by gi,, bond or otherwise. The Seller and his contractors shall take all safety precautions, fnnish and initial] all goads naavry for the prevention of accidents, comply with all laws and regulations with regard to safay including, but without hmirmion, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant them.. Revised 07AftU4