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HomeMy WebLinkAbout372415 RBB ARCHITECTS INC - PURCHASE ORDER - 9150569Fort Collins PURCHASE ORDER Date: 01/23/2015 Vendor: 372415 RBB ARCHITECTS INC 315 E MOUNTAIN AVE SUITE 100 FORT COLLINS CO 80524 PO Number Page 9150569 left 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: 01/23/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Edora Restroom MP & Schematic PER WORK ORDER DATED 1-22-15 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.com 1 LOT LS 10,420.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 L CO.MMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to most upon strict performance of the terns and conditions hereof, f tilme or delay to Interml Revenue, Denver, Colorado (Ref. Colorado Revised Stores 1923, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evens of a breach, the acceptance of or payment for goads hereunder or approval of the design, shall not elease the Seller of Goods Rejected. GOODS REI ECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall mt be deemed a waiver of any right of the damage in transit, may be reamed W you for credit and are not to be replaced except upon receipt of without purchaser to insist upon stria Performance monfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received an accepted, c to any prior or s.Nw and default hereunder, nor shall any puryaned oral modification or rescission of this pun:hnse order by the Purchase operas as a waiver of my of the terns Inspection. GOODS are subject o the City of Fan Collins inspection on arrival. hereof. Fiml Acceptance. R ctim of the merchandise, service or equipment in response to this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is m be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fun Collins, 2W Wood St, Pon Collins, CO 80522, unless acquired under federal or slate antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. [transmission is given an prepay freight and charge upmtely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accapd. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchase dims the Seller to mrmd nonconforming or defative good by a d to to Si, agreed upon by the expected from Ne twmt docibmion haft on durinstien, and excess freight will be deducted from Invoice when purchaser and the Seller, and the Seller thereafter indicates its ivbilily or unwillingness to comply, the Purchaser shipments are made from granter dimmer. may does, the work to ha performed by the most expeditious means available W it, mad the Seller shall pay all costs assotided with such work. Pennits. Seller shall procure at seller sole cost all necessary permits, certificates and livervas invoiced by all applicable laws, regulations, ordinances and miss of the state, municipality, tersdary or political subdivision where the work is performed, or required by any other duly constituted public mthodly having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an courted or established violation of my such laws, regulations, ordinances, rules and requirements. Ammunitions. All panic to this commer apom that the reptesenurives art, in feel, boss fide anal possess full and complete authority Or bind mid ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance W the tans and conditions stated herein set forth and any apple rdid, or additional terms and conditions annexed hereto or irempoatnd herein by reference. Any additional or different corms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to mono on your Promised delivery date as noted. Time is of the uxsmm. Delivery and performance must be eRectcd within the time stated on the pumluse order and the documents altxhed herein. No acts of the Purchasers including, without limitation, accepts ce of partial late deliveries, shall operate as a waiver ofthis prevision. In the event of any delay, the Purchaser shall have, in addition W other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reamnable control and without its fault ofnegligeae, such aces of God, eels of civil or military amhmties, govemmenul priorities, fires, strikes, Road, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) daya of the time when the Seller first received knowledge thereof In the event of my such delay, the dme Of delivery shall be extended for the period equal m the time actually lost by reamn fthe delay. 3. WARRANTY. The Seller warrants that all good, articles. materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the Portman, Mentdel and perfowed with me bigger degree of care and competence in incommode with accepted standard for work of a similar nturs. The Seller agrees to hold the purcluur hawless from any loss, damage in expend which dm Purchaser may suffer or incur on account of the Sellers breach ofwaranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable waranty provided by the Seller for the dale of acceptance of the good finished here.&, (acceptance not m be vmeamoably delayed), resulting from imperfect or defenive work done or materials furnished by the Seller. Acceptance of use of goad by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately causd by the breach of any of the foregoing wawmic or umantes, but such liability shall in an teat include lose of profits or loss of tsse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES H4 LEGAL TERMS. The Purchaser may make changes to legal tows by carman change order. 5. CI IANGPS IN COMMERCIAL TERMS. The Purchaser may make my changes m the terror, other than leg[ terms, including addiliou to m deletion from the quantities originally cultist in the SPedficatmoS or drawings, by veNal or written change order. If any such change affects the amount due or the time ofpeK rmance hereunder, an equitable adjustment shall ha made. 6. TERMINATIONS. The Puwhazer may at any time by —a- change asked. terminate this agreement as W my or all portion of the good Nen not shipped, subject to any d{nitablo adjustment between the ponies as to any work or nommals than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment W made in favor of the Seller with mspe d to any good which are the Sellers standard stock. No such temfation shall relieve the Purchaser or the Seller of any of their obligations as W any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any [aim for adjutment most be asserted within thins (30) days fmm the dale hie change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrants cut all goods sold hereunder shall have have produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations rv,i d to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hawless from all costs and damages suffered by the Purchaser as a moult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither prey shall comp, transfer, or convey this order, or my monies doe or to become due hereunder without the prior wrinen event ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title m Ne Purchase for all aspuipment, materials, and isms furnished in performance Of this agreement, free and clear of any and all liars, restrictions, raiddhous, security interest encumbrances and claims of others. The Seller shell release the Purchaser and its cnntamors of any her from all liability and claims of any nature 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 dimtors, oRicers ail employees of such prey. The Seller's contractual obligatiom, including warranty shall not be choreal to be reduced, in any way, because such work is performed ar caused W No pert ed by the P.rehas 14. PATENTS. Whenever the Seller is rd, irc][ to one, any design, device, rearm.[ or process covered by lend, parent, trademark or copyright, the Seller shall indemnify and save hawlva r],e Purchaser fmm any and al I claims for infrim,pramr by reason of the use of such parented 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 reamn of such infringement at any rime during the presaution or after the completion of the work. In case mid equipment, err any pan thereof or the intended um of the goad, is in such .it held to constitute infringemevd and the use of mid equipment in pan is cnioined, the Seller shill, at as own expend and at its option, either Factory for that Pmchne the night W continue in, mid a)uipmenr or Parts, nplace the mane with substantially egml but noninGnging equipment, or modify it m it becomes naninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or crime for any of the Sellers property or business, this order may forthwith ha canceled by the Purchaser without liability. I& GOVERNING LAW. The deffirs. ofit. used or the innepreation of fe agreement aM the nails of all panic hereunder shall be wowed under and governed by the laws inflate Sum of Colomdo, USA. The following Additional Conditions apply only in cue where the Seller is W RaKarm work hereunder, including the sesvicm of Sellers Repremnueve(s), an the premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or madenzls before Seller's final completion and emprou ce, complete to work an Seller's own expense and to Ne aatisfarion of the Proclaims. When matmaH and a,iipmcnt am famished by others for installation or erection by the Seller, the Salle shall reverse, unload, share and handle same in the site and become impossible therefor as though such nationals and/or equipment wart being fiunizhcd by the Seller under the order. I S. INSURANCE, The Seller shall, of his awn expense, provide for the payment of workers compensation, including occupations[ disease benefits, to its employees employed on or in connection with the work covered by this purchase code, and/or to their dependents in accordance with the laws of the state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imamnce with bodily injury and death limits of at least S300,W0 for any one person, 5500,000 for any one accident and property damage limit per accident of S4W,000. The Seller shall likewise require his contractors, if shy, W provide for such compensation and inuma core. Before my of the Sellers or has contractors employees shall do my work upon the premiss of others, the Seller shall famish the purchaser with a certificate Ron such campenm icar and a---, have been Provided. Such artifates shall specify the dam when such compensation and insurance have been provided. Such ci nifcaru shall specify Ne date when such compensation and insurance expire. The Seller agrees thm such dumprounum and imurnnce shall be maintained until after he dome work is completed end accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind r nature whosoever to persons or propony caused by or reultfg from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hanmlass Ne purchaser and any at all of the Ficbecom officers. agents and employees fmm and against any and all claims, lasses, damages, changes err expnnc, whether direct or indirect, end whether is persons or property to which Ne Purchaser may Is, put or subject by Mean of my Out, action, neglect. omission or default on the Pan of the Seller, any of his contractors, or my of the Sellers Or commetors oRcem, agents in employers. In case any suit or other proceedings shall be brought almost the Producer, or its officers, agents or employees at any time on account or by reamn of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforemid, the Seller hereby agrees to assume the defence thereof and to defend to same at the Sellers own expend, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchser or any of its or then officers, agents or employers in such suits or other proceedings, and in cam irrigated or other lien be placal upon or obuwed against the Inapt ofthe Purchaser, of mid parties in or as a result of such suits or other proceedings, the Seller will an are cause the same to he, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards ne emery for the prevention of accidents, comply with all laws and regulations with regard W safety including, but withom limitation, den Occapatimul Safety and I calth Ad of 1920 and all rates and regulation issued pursuant themo. Revised 07R014