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HomeMy WebLinkAbout372415 RBB ARCHITECTS - PURCHASE ORDER - 9147136Fort Collins Date: 12/05/2014 PURCHASE ORDER Vendor: 372415 RBB ARCHITECTS INC 315 E MOUNTAIN AVE SUITE 100 FORT COLLINS CO 80524 PO Number Page 9147136 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 12/04/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Edora Concession bldg 1 LOT LS 4,700.00 Schematic Design PER WORK ORDER DATED 12-1-14 2 Edora Concession bldg CD's 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 LS "Wc1i1x1i111 Total 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502, Fede.l Excise Tax Exemption Cenificate of Registry 84-6000587 is registered wilh the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sums, 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m meet specifiatioes, either when shipped of due to defects of damage in mnsit, may be retmvd to you for credit and ate not to be relished except upon receipt of wrium mounted. fmm the City of Fan Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in mflmi ed payment on the part of the City of End Collins Thramea, it u to be undersmod cut FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procadurce. Freight Tema. Shipments must he F.O.R., City of Fort Collins, 700 Wood SL, Fort Collins, CO 90572, unless otherviae specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accomnanv invoice. Additional charter for variants, will not be accepted. Shipment Distance. Where manufacturers have dsfbutin, points in various pans 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 fmm War,, distance. Prnnits. Sella shall procure at sellers sale cost ell necessary pmni., cerrfato and this. required by all appliable laws, regulations, ordinances and talcs afire state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjuris ftemon over the work of vendor. Seller further agrees to hold the City of Tom Collis harmless from and against all liability, and loss incurred by them by reason of an maenad or established cadmium of any such laws, regulations, miles eras, rules and requlrmank. Auffin iaa ter. All pantos 10 this contract agree that me representatives are, in fact, bona fide and possess full and complete auNoriry to bind said parties. LIMITATION OF TERMS. This Frrehase Order expressly limits scradame to the berms and conditions send herein sn toed and my supplementary or additional terms and conditions amexd hereto or incorporated herein by reference. Any additional or different terms and conditions proposal by seller are objected to and hereby Matted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you coot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pert r ficam must he entered within the time stated on the purchase order and the documents attached hereto. No ruts of the Purchasers including, without limitation, accept.. of mand late deliveries, shall operate as a waiver of this provision. In the event of any delay, fire Frrehse shall have, in addition to other legal and equitable mndies, the option ofplacing this order elsewhere and holding the Seller liable for dare as. However, the Seller shall or he liable for damages , a result of delays due m causes not reamnably fotesmable which are beyond its rersoruble control and without its fault of negligeme. such aces of God, new of civil or thin, authorities, govemmenul priorities,( s, strikes, flood, 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 lint received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the peril egmal to the time nand ly lost by reason ofthe delay. 3. WARRANTY. The Seller wartmk that all goods, anicles, materials and walk revered by Nis order will conform with applicable drawings, spreifiwlima. samples mdnor other descriptions given, will be fit for the purposes intended, and pa.(omed with the highest degree of cart and competence in accordance with acceptd standards far work of a similar maame. The Seller agrees to hold the purchaser harmlw fmm any loss, damage or as,. which she Purchaser may suffer or incur on second of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time ns may be presented by law or by the terms of any applicable warranty provided by the Sella after the date of acceptance of the goods furnished hereunder (acceptanre net to be unreasonably ddaydk resulting fmm imperfect or defective work done or materials frmishd by the Seller. Acceptance or use of good by the Purchaser shall not constimre a waiver of my claim under this wananry. Except, odrcrwise provided in this purchase order, the Sellers liability hereuMa sholl extend to all damages proximately coussd by nor breach of may of the foregoing warromiex or gumsmees, but such liability shill 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 Purchaser may make changes to began terms by wr on change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal menu, including addiliom to or deletions fmm the quounilies originally ordered in the spenifiwnmer, or drawiip. by verWl or w-rivm change ender If my such change affect the amount due or the time of perforrnance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may to any time by written change orde, terminus this agreement as to very or all potions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Empress provided that the Purchaer shall not be liable for any claims for anticipated profits on the uncomplad minion of the goods and/or work, for incidental of consequential damage, and Nat m such adjustment he made in great of the Seller with repeat to, any goods which arc the Sellers standard nook. No such mrmimtion slmll relieve the Purehma or the Sella of any oftheif obligations m to my goods delivered heremdar. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within wiry DDI days boom the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold remainder shall have been produced, sold, delivered and familiar in strict compliance with all applicable laws atd ,rgt ations a which the good are subject. The Seller shill clean, and deliver such documents a maybe captured m effect or evidence complima. All laws and regulalios required] to be incorporated in agreements of this character are hereby m arpommd heroin by Nis mferencc. The Seller agrees In indemnify and hold the Familiar Models fmm all costs and damages mffrd by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall asfigmg anmnsfer, or convey this order, or any moni, due or to become due hereunder without the Poor woven consent of flue other parry. 10. TITLE. The Seller warrants full, clear and un esbictd title to the Purchaser for all equipment, materials, and items nmished in performance of this agreement, free and clear of my and all lieu, restricros, reservations, security interest encumbrances and claims of others. 11. NON WAIVER. Enron of the Purchaser to insist upon strial performance of the terms end conditions hereof, failure or delay m exercise any rights or remedies provided herein or by law, failure to promptly curry rise Seller in the event of a breach the araptance ofor payment for goods hrremda or approved afthe design, shall not release the Seller of any of the warmnries or obligations of this purchase aNer and shill ml be demd a waiver of any right of the purchaser to islst upon strict performanc harm(or my of its rights or remedies ex to any such goods, regardless of when shipped, received or accepted, w to my prior or subs yurnt default hereunder, nor shall any paryoned oral modification or macission of tfs pmcM1am order by the PumM1mer operate as 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 Franchiser. Themofore, forlimitcause rend 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 sure moment rows far such overehang, talent, tp the particular good or services purchased or acquired by the Friedman pursmnt to this punchave order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. 11he Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and fire Seller, and the Seller rherefi er indicates its inability or unwillingness to comply, the Purchaser many cause the work to be performed by the must expeditious means available to it, and the Seller shall pay all cans associad with such work. The Seller shall mi. the Purchaser and its contractors of my tier from all liability and claims of my mtttre mesh., fmm Ne pefmmomen a1sacM1 work. This release shall apply even in To event of fault of negligence of the parry relesd and shall extend to the direclors, oMcem and empfyees fsuch an,. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused m be perrormd by the Fr,eM1se. 14. PATENTS. Whenever the Seller is required to use any daigm device material. process revered , by bear, patent, trademark r copyright, the Seller shall indemnify and save hamlass the Purchaser fmm any and all claims fir infringement by reason of the use of such patented design, device, material or process in connection with the comma, 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 during the proscation 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 constitute management and the use or said equipment or Pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or park, replace the same with substantially amal but oratorical equipment, .1 modify it so it beemes nonmfnnging. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a recover or tmsme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tens used or the moVen utlon ofNe agreement and the rights of all parries hereuMn shall be mswed made, and govemad by the laws of the State of Colorado, USA. The following Additional Cmdi,icus apply only in ores where that Seller is m pefom work hereunder, including the services of Sellers R,rimentalive(s), on the premise ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until fie same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work mNor materials before Solids final completion aM acceptance, complete the work an Sellers own expense and to the satisfaction of the Purchaser. When natends nM equipment are fumishd by others for installation or erection by the Salle, the Seller shaft receive, unload store and handle same at the site and become responsible therefor , though such materials and/or equipment Om being fmished by the Seller under the ardor. 18. INSURANCE. The Sella 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 purchase order, anNor to Nei, dependenk in savanu ce with the lawn of the sure in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but rut limited to, commercial and aubroblle public Mani, insurance wits bodily injury and death limits of at It. 5300.000 for any rive person, 5500,000 for any incident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and in saver . Before my of the Sellers or his commctors employees shah do any work upon the premises of others, Ne Seller shall fmish the Purchase wish a certificate than such compensation and insurance have been provided. Such certificates shall specify the Jerre when such compensation and insurance have been provided. Such anlfiams shall specify the date when such compensation and insurance expires. no Seller agrees them such compensation and insurance shall be maintained mail after $e mtim work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire m,ponsibilay rand lishadiry for my and all durni lass of injury army kind r more whomsoever to pacmns or property coined by or watching fmm 6e execution of the work provided for in ,his purchase other or in connection herewith. The Seller will indemnify end bold harmless the Purchase, and any at all of the Purchasers olRcas. agents and employes from and against any and all claims, loss,, damages, charges or expenses, whether direct or indirect, and whether to persons or property, in which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his comments, or any of the Sellers or contractors officers, agent or employees. In case my suit or other proceedings shall be brought against the Purchase, or its oRcrs, agent or employees at my time on account or by reason of my mk action, negla omission or default of the Sell. of my of his eontmcrars or my of its or their officers, agent in employees as aforesaid, the Sella hereby agrees to assume the defense thereof and as defend the come at the Sellers own expose, in Pay my and all cock, char,,,.,, fees and of expenses, any and all judgment that may be incurred by or ob rind against the Purchaser or any of it or their oBicers, agent or employees in such suits or other proceedings, and in cave judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or, a result inflict, suits or other proceedings, the Seller will at once cause the acme to be, dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precaution, armada and mull all guards nocessary for the prevention of accidents, comply with all lawn and regulations with regard m sofoly including, but wihout limiatioa, the Occupational Safety and HmIN A. of 1970 and all rules and regular.. barred Pursumt Ramer. Revised 07/2014