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HomeMy WebLinkAbout111331 ABRAHAMSON ENGINEERING INC - PURCHASE ORDER - 9122099PURCHASE ORDER PO Number Page City of///��� 9122099 Collins This number must appear Flirt C !\,J`' ` on all invoices, packing slips and labels. Date: 04/11/2012 Vendor: 111331 ABRAHAMSON ENGINEERING INC 3101 KINTZLEY CT UNIT D LAPORTE Colorado 80535 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 04/11/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Mechanical Dsgn-Boiler Replace City Hall City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 6,300.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ce Purchase Order Tcrans and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By .ctrade the City of Fen Collins is exempt from state and Iecal taxes. Our Exemption Number is 99-04502. Federal Escise Tax Exemption Certificate of Registry 84-0000597 is registered with the Collector of Internal Rc%cmw, Denver. Colomdo (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED duc to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of writen instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrives 11. NONWAIVER. Failure of the Purchaser to insist upon ,strict performance ofthe terms and conditions hereof, failure or dclny to exercise any rights or remedies provided herein or by law, failure to frontally notify the Seller in the event of a breach, the ncceptnncc ofm payment for goods hereunder or approval of the design, xholl not release the Seller of any ofthe x:amntics or obligations of this purchase order and shall not be deemed o wan,cr of any right of the purchaser in insist upon strict performance hereaforany of it rights or rcmcdics as to any such goods. regardless of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purponcd owl modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the forms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resporse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, Hossex'cr. it is to be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from amitmsl ACCEPTANCE is dependent upon completion ofall applicablc required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onlcr. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.N., City of Fort Collins, 700 Wood St., Fen Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased nr acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance mmm Where rfaeturces have distributing points in various parts of the country, shipment is Ifihc Purchaser directs the Seller to correct nonconforming or defective goods by a date to heagreed upon by the expected from the purest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seiler, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most experiments mans available to it, and the Scllcr shall pay all costs assecimcd with such wok. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or 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 Fan Collins hamilcss form and against all liability and loss incurred by them by tease of an asserted or established violation of any such laws, regulations, onlinnncc, rules and requirements. Authorisation. All panics to this contract agree that the representatives are. in fact. her, fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any somlcmcntnry or additional terms and conditions annexed hacto or incorporated herein by reference. Any additional or different terms 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 arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Pumhnsers including, without limitation, acceptance ofp otial Into deliveries, shall operate as a waiver of this provision. In the even) of any delay. the 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 Scllcr shall not be liable for damages as a result of delays duc to causes not reasnnably frov ecable which are beyond its reasonable control and without its fault of negligence, such act of God. act cf civil or military authorities, governmental priorities, fires, strikes. Rood, epidemic, wars or riots provided that notice of the conditions causing such dclav is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the pcncd equal to the time actually lost by reason of the delay. i. WARRANTY. The Seiler warrants that all good, articles. materials and work covered by this order will contractor with applicable drawings, specifications, samples and/or other descriptions given, will be foot for the purposes intended, and performed with the highest degree of care and comp lencc in accordance with accepted smndmds for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warm, my. The Sellershall replace, repair or hake good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms crony applicable wamnty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting Form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchnscr shall net constitute a waiver ofenv claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing warranties or guarantees, but such liability shall in no went include loss of pmft, or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puchaser 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 terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or %v itten change order. If env such change affects the amount duc or the time ofperlmmancc hereunder. an 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 grad then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) (lay:, from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such docum ads as cony he required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchnscr harmless from all costs and damages suffered by the 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 duc or to become duc hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Performance of this agreement. free and dear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcn. The Seller shill release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting Front the performance of such work. This release shall apply even in the Gent of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's emmeealnl obligations, including warranty, shall not be deemed to be reduced, in any sway, because such work is performed 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 Icncr, patent trademark or copyright, the Seller shall indemnifv and save hamilcc the Purchaser from any and all claims for infringement 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 during the prosecution or xner the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its men expense and at its option, either procure for the Purchaser the right to continue using said egnipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt make an assignment for the bcncft of creditors. appoint a receiver or trustee (or any of the Sellers progeny or business, this order may Forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions often s used or the intemmtetion ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the Stale ofColorado. USA. The Follmving Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services oFSellers Repo,cro live(s), on the premises ofothers. 17. 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 ease of any resident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller .shall, at his own expense, provide for the payment ofworkem compensation, including occupational disease benefits. to it employees anployed on of in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be dune. The Seller shall also tarty comprehensive general liability including, but not limited In, contractual and automobile public liability insurance with bodily injury and death limits of nt least S300.000 for ony one person. S500.000 for any one accident and pmperty damage limit per accident of S400,000. The Seiler shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of mho Sellers or his contractors employees shall do any work upon the premises of enhers, the Scllcr 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 insurance have been provided. Such certificates shall specify the doe when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and linhility for any and all damage, loss or injury of ony kind or nature whntsower to per, on.. or progeny caused by or resulting From the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees form and against any and all claims. losses, damages, charges or expenses. whether direct or 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 on the pan of the Seder, any of his contractors, Or any of the Sellers or contractors olTccrs, agents or employees, In case any suit or other proceedings shall be brought against the Purchases or its officers. agents or employees at any time oa account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforemld, the Seller hcrcby agrees to assume the defense thereof and to defend the same el the Sellers own expense, to pay any and all costs, charges, attorneys fees and other espuxet. any and all judgments that mry be incurred by or obtained against the Purchaser or any of its or their officers, ,agents or employees in such suits or other proceeding, and in ease judgment or other lien be placed upon or obnored against the pmpeny of the Purchnscr, or said parties 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 contractors shall take all safely prccoutions, furnish 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 mles and regulations issued pursuant Ihcreto. Revised 03/2010