HomeMy WebLinkAbout372415 RBB ARCHITECTS INC - PURCHASE ORDER - 9147413Fort Collins
Date: 12/16/2014
PURCHASE ORDER
Vendor: 372415
RBB ARCHITECTS INC
315 E MOUNTAIN AVE SUITE 100
FORT COLLINS CO 80524
PO Number Page
9147413 1of2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 12/16/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 To provide Architectural,
Mechanical, Electrical, Structural
services to design a replacement
HVAC system for the existing 1994 building
areas as per work order OP-463796.
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
70,200.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
umhase Order Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local tans Our Exemption Number is
98-04S02. Federal Excise Tax Exemption Car ifcate of Registry 84-6000587 is registered with the Collector of
formal Revenue, Drnvtt, Colorado (Ref. Colorado Revised Seoul. 1973, Chapter 39-26. 114 (a).
Good Rejecd. GOODS REJECTED dae m failure to meet specifications, eider when shipped or due to defacs of
damage as Munch, may be rammed to you for credit and art not to be replaced except upon incept of women
immuctimsf he City of Fort Collins.
Inspection. GOODS are subject to the City Of 1rom Collins inspection oa anival.
Final Acceptance. Receipt of the merchandise, sa.ans or equipment in response to this order can result in
authorized payment on Ile part of the City of Fort Collins. However, it is to be undersmad Out FINAL
ACCEPTANCE is drprndent upon completion of all applicable regard inspection procedures.
Freight Tema. Shipments must he F.O B.. City of Fort Collins, ]00 Wood St, Fine Collins, CO 80522, unless
otherwise specifled on this aide,. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for larking will not be accepted.
Shipment Distance. Where manufacturers have distributing prints in various parts of the country, shipment is
expected Room the nearest distribution point to destination, and excess fight will he deducted firm Invoice when
shipments we made from Simla distance.
Pemiis. Seller shall procure aI sellers sole cost all wairwary permits, certificates and lkvnwrs requiM by all
applicable laws, regulations, ordinances and roles of the state, municipality, nomory or political subdivision where
the work is Performed, or requlreJ by my other duly constituted public authority having junsdiaion over the work
of vendor. Seller dnber agrees to hold the City of Fart Collins harmless from and against all liability and loss
incurred by than by reason of an asserted or established violmion of any such laws, regulations, ordinances, roles
and requirements.
Auth incrogon. All parties to this contract agree that he representatives are, in fact. how Fide and pmcress full and
complete anthodly to bind said parties.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to Ibe I. will conditions slated
herein set fond and any supplementary or additional temu and conditions awmmd hereto fir incorporated herein by
mfereace. Any additional or diRerrt terms cad emob iew proposed by saller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted Time is of de essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents artxched hereto. No rats of the Purchase including, without
limitation, nccepanm of partial hot deliveries, shall operate as a waiver of gas provision. In the event of my delay.
the Purchaser shall have, in addltlm to other ),at and amicable remedies, the option of placing this make elsewhere
and holding the Seiler liable for damages. However, the Seller shall root be liable for damages as a result of delays
due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence.
such acts of Gad, nets of civil or military authorities, governmental prionlles, fires, 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 he
time when the Seller Had received knowledge thereof In the event of my such delay, the date of delivery shall be
extended for the pdind afwl to the time actmlly last by reaon mfthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples random other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may super or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to His purchaser, my deficits or faults arising within one (1) year or within such longer anod of
time as may be preseribdl by law or by the tans ofany applicable wamnry provided by the Sella after the dire of
acceptance of the goods f Mhb hereunder (accepance not to be unreosowbly delayed), resulting Room imperfat
or defective work done or materials fumished by Ile Sella. Acceptance or use of good by Ile Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by de breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Puahasa may make changes to legal ums by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
t
may make any changes o the manna, other than legal armlet, 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 offers the amount due or the time of,comrmance hereunder, m equitable adjustment shall be made.
6.TER20INATIONS.
The varehan may at any time by wrium change order, terminate this agreement as to my or all afi iom of he
goads then not shipped, sublet to my equitable adjummmt between the parries as to my work or materials Ilan in
progress provided that the Purchaser, shall not be liable for any claims for anticipated profs on he uncomplated
portion of the Bonds and er work, for incidental to consequential damages, and that an such aditssrmmt be made in
favor of the Seller with respect to any good which as the Sellers slandand stack. No such termination shall relieve
the Parchaur or the Seller of any of their obligations as to any goods delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for aduandwnl muss be acsenrd within or, (30) days from he dare the change or termiralms, is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been prrduad, sold, delivered and fumishN in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be
ncmMorated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and held the Purchaser harmless from all rests and damage suffered by the Purchaser as a result of the
Sellers failure to comply with such raw.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warnings full, clear and unrestricted line to de Purchaser for all equipment malethh, and items Rumished
in Performance of this agreemmt fires and clear of my and all liens, restrictions, reservations, sorority interest
encumbmnca mdchims of admix
I L NON WAIVER.
Failure of the Purchaser to insist upon drier performance of the terns and conditions hereof, failure or delay to
ex-rim,
any fights or remdi ees provided brain or by law, failure to promptly notify the Seller in he event Ito
breach, the acceptance ofor paymmt for good hereunder or approval ofde design, shall wat release the Seller of
any of the watmntia or ollm vet arss of this purchase order end shall fiat be demand is waiver of my right of Has,
purchaser to irum upon audit performance h rawfor any of its rights or remedies as to my such good, regardless
of whm shipped, received or accepted, as to any prior or transmitted default hereunder, nor shall my parported
am] modification or rescission of this purchase order by the Purchaser operate w a waiver of any of he mar
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 he Purchaser. Formulae, for good Mum, and as consideration for exceeding this
purchase order, the Seller hereby assigns to Ile Purchaser my and all claims it may now have or hereafter
acquired miler federal or awe antitrust laws for such overcharges relining to d, particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a data to be agreed upon by the
Purchaser and the Seller, and the Seller therwner indicates is inability or maillinpess to comply, the Purchaser
may muse the work to as performed by the most expeditions meant available to it, arced the Seller shall pay all
cans assochted will such nark.
The Seller shell release the Purchaser and its wMind. of my tier from all liability and claims of any mite
resulting from the prolamtmce of such work.
This release shall apply even in the event of fault of negligence of the pally released and shall extend to the
directors, officers and employees ofsuch parry.
The Sellets mntrdctual obligations, including wi shall not be deemed m be induced, in my way, became
such work is perforated or caused to be performed by he Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by Inner, Patent, trademark
or copyright, the Set let 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 process fir mnneclion with the contract, and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such
inf na,firem at any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the good, u in such suit held to comtiwe infringement and de use of
said aluipmml or part is enjoined, the Sella shall, at is own expense and at is option, either procure fro the
Purchaser Ile right to continue using raid equipment or parts, replace de same with mbsmandally about but
noninGaVe, equipment, or modify it sex it becomes noninfringing.
IS. INSOLVENCY.
If Ile Seller shall became insolvent or becompt, make an assignment for the benefit of creditors, appoint a
dereiver or trustee for my of the Sellers probusiness,
perty or this order may forthwith be canceled by the
has Purcer without liability.
16. GOVERNING LAW.
The definitions oftenns aced or the interpretation afde agreement and the rights of all parties hereunder shall be
onslmed under and Governed by He lases ofthe State ofColomdo, USA.
The following Additional Conditions apply only in swas
where the Seller is to pafonn work hereunder,
including he services of Sellers Reprasenwive(s), oo thepremisa ofothers.
17, SELLERS RESPONSIBILITY.
The Seller shall any an said work at Seller's own risk until III, same is fully completed and accepted, and shall,
in case of my aaident destruction or injury to the work andior matmah before Sellers furl completion and
acceptance, complete he work in Seller's awn expense and to the satisfaction writhe Purchaser. When malerias
and equipmenl sere furnished by others far instillation or erection by the Seller, the Seller shall raeive, unload,
store and handle same at the site and become responsible therefor as though such materials moor equipment
were being f ished by Ile Seller under the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for the payment of wake compawtion, including occupational
disease berefis, to is employees employed on or in connection with the work covered by this purchase order,
unbar to their dependents in accordance with Ile 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, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for my one person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, in provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premiss of orders, the Seller shall famish the Purchaser with a renlficmr
That such compensation and insurance have been provded. Such cenifiwta shall specify the daze when such
—promotion and insurance have been permitted. Such certifcmta shall specify the dire when such compenwtion
and immune expires. The Seller egma; chat such compearrostion and insurance shall be maintained =if after the
entire work is completed and accepted.
19. PROTECTION AGAWST ACCIDENTS AND DAMAGES.
Ile Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or mature whatsoever to Persons or property caused by or resulting from the execution of the work Provided for in
this purchase order or fir mwection herewith. The Sella will indemnify and hold members the Purchaser and my
in all of the Porcbssers oRc ns, agents and employees from and against my and all claims, lasses, damages,
charges or cap noes, whether direct or mdimed. and whether to persons or proKny to whim she Purchaser ivy
be put or subject by reason of any rat, ration, neglect omission or default on the ped of Ile Selleq any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedinga shall be brought against the Purchaser, or its office, agents of employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend Ile were at the Sellers awn expense, m pay my and all toss, charges, a tomeys fees and other expenses,
any and all judgments that may be Hundred by or obtained against the Purchaser or my of is or weir office,
agents in employees in such wits or other proceedings, and in case judgment or other Jim be placed upon or
nbtahed against the property, of the Pi mbroc r, or said panic in or as a If of such suits or ohm proceedings,
me Seller will at once cause he same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for he prevmtion of
accidents, comply with all laws and regulatans with regal m safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuantthereto.
Revised 0IR014