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HomeMy WebLinkAbout557668 DAVIS PARTNERSHIP ARCHITECTS - PURCHASE ORDER - 9156619 (2)City of Fort Collins Date: 10/26/2015 PURCHASE ORDER Vendor: 557668 DAVIS PARTNERSHIP ARCHITECTS 2301 BLAKE ST SUITE 100 DENVER CO 80205 PO Number Page 9156619 1 of 2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10/26/2015 Buyer: ELLIOT DALE Note: Line Description Quantity UOM Unit Price Extended Ordered Price EPIC Pool Remodel Design Services - RFP #8104 1 LOT LS PER TERMS AND CONDITIONS OF BID 8104 AND AGREEMENT DATED 8/20/15. 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 194,504.00 Total $194,504.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 f. COMMERCAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is rcgistcmd with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26. 114 (a). Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in natural, may be returned to you for credit and we net to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on atival. 11. NONWAIVER. Failuro of the Purchaser to insist upon strict perfammnce of the terms and conditions hereof, failure or delay to exactse any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release die Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of I% rights or remedies as many such goods, regardless of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temis hereof. Final Acecpinace. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overchmges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations our in fact home by the Purchaser. Themtofam, for good cause 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 most be F.O.B., City of Foil Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or shut antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay fright and charge separately, the m igiiml frcight purchased or acquired by olhe Purchaser pursuant to this purchase order. bill must warrant invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pairs of the country, shipment is "peeled from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinanoci and mles of the scale, municipality, territory at political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred by than by maven of an asserted or established violation of any such laws, regulations, ordinances, rules and rrquucmcnm. Authoticaation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the meths mid conditions stated herein set fonlr and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcfemncce. Any additional or differcot tcmu and conditions proposed by meth am, objected to mid hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, die Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which we beyond its reasonable central and without its fault of negligence, such acts of God, acts of civil or military audiorities, governmental priorities, fires, strikes, Rood, 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 Seliff fast received knowledge thereof. In the event of any such delay, die dam of delivery shall be extended for the period equal to the time neurally last by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for die purposes intended, mid performed with the highest degree of care and competence in accordance with accepted standards fa work of a similar namre. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of die Seller, branch of warranty. 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 wmremy provided by the Seller after the dale of acceptance of the goods furnished hereunder (accepimrce not in be unreasonably delayed), resulting from imperfect or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Fxcept as otImmisc provided in this purchase order, die Sellers liability hereunder shall extend to all damages proximamly caused by the breach of any of the foregoing warranties or guamatees, 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 Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to or deletions from the quantities originally ordered in the specifications or dmwings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, m equitable adjustment shall be 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 my equimbm adjustment between the panics as to my work or materials that in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and thin no such adjustment be made in favor of the Seller with respect to any goods which we the Sellers standard stock. No such maturation shall mlieve the Purchase, or die Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date die change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warriors chit all goals sold hereunder shall have been produced, sold delivered and famished 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 required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc beeby incorporated herein by this reference. The Seller agues to indemnify and hold the Purchaser harmless from all costs mid damages suffered by die Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written concert of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement fro and clear of toy and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m 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 perfomrW by the most expeditious means available in it, and die Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its convectors of any tiff finm all liability and claims of any nature resulting firm the performance of such work. This release shall apply even in the event of fault of negligence of the party reldeed and shall extend to the direc ors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed d 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 later, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by maven of the use of such relented design, device, material or process in connection with the contract, and shall indemnify the Purchaser far any coat, expense or damage which it may be obliged to pay by moment of such infringement at any time during die prosecution or after the completion of the work In use said equipment, or any pan therof or the intended use of the goods, is in such suit held to constimm infringement and the was of said equipment or part 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 parts, replace the same with substantially equal but noninfriaging equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee 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 terms used or the interpretation of the agreement and the rights of all panes heacturder shall be construed under and governed by the laws of the Stara of Colorado, USA. The following Additional Conditions apply only in cases where die Seller is to perform work hereunder, including the services of Sellers Reprcsentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellehs own risk until the more is fully completed and accepted and shall, in cast of any accident, destruction or injury to the work andor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seiler shall receive, unload stem and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disuse benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is in be done. The Seller shall also carry comprehensive general lability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, 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 furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shill be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the write responsibility and liability for any and all damage, lass or injury of my kind or nature whatsoever to persons or property caused by or requiring from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmers die Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct m indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default an the put of the Sella, any of his contractors, or any of the Sellers or contractors officers., agents or employees. In case any suit or other proceedings shall be brought against die Purchaser, or its officers, agents or employed at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his conawas or any of its or their officers, agents or enployces as aforesaid the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fro and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Purchaser, or said patties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules mid regulations issued pursuant thereto. Revised 03/2010