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HomeMy WebLinkAbout239957 ADOLFSON & PETERSON INC - PURCHASE ORDER - 9143189PO PURCHASE ORDER 914318er Page C117/ of PURCHASE 9143189 1 of z ' `t Collins Ins This number must appear v ` on all invoices, packing sli s and labels. Date: 06/09/2014 Vendor: 239957 Ship To: OPERATIONS SERVICES ADOLFSON & PETERSON INC CITY OF FORT COLLINS 797 VENTURA ST 300 Laporte Avenue AURORA CO 80011-7900 Building B FORT COLLINS CO 80521 Delivery Date: 06/09/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Block 32 Development 1 LOT LS 12,600.00 CM/GC Services PER WORK ORDER OP-425796. 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@fogov.00m Total 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. COMMERCIALDETAIIS. Tax exemptions. By suture the City of Fan Collins rs exempt from sate and local mes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Crnificsre of Registry 83-6000587 is rtaffiliated with the Collector of Failure of the Purchases to new upon strict if.. of flue tears and conditions hereof, failure or delay to brand Become. Denver, Colomda (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a), exercise any, rights or remedies Fronded brain or by law, failure fro pMmptly notify the Sella is the error of a breach, the acceptance ofor payment for goods hercmrder or approval ofthe design, shall not ¢lease the Sella of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m &feeu of my of the wmrmttes or obligations of this purcluse order and shall rot be deemed a waiver of any right of the damage in hm on, may he former to you for credit and are trot W be replaced except upon rapt of women putchmer to worn upon strut perfotmantt hereof or my of its rights or remedies in to any such goads, regardless irrswctions tram the City of Fan Collins. of when shipped, received or warlord, in W any prior or subsequent defrair hereunder, nor shall any purported oral modification or rescission of this purchase author by the Purchaser more lc w a waiver of any of she terms Inspection. GOODS are subjecuo the City of For Collins notation on arrival. hoar. Frml Acceptance. Rel of the merchandise, services w equlpmen, in response 1e this order can .saint in 12. ASSIGNMENT OF ANTITRUST CLAIMS. informal payment on the pan of the Cityof Fan Collins. However, it is fa be understood thatr FINAL Seller and the PuaM1aar recognize rho in word evm fc prwfim. reaching. nothing from mntitrum ACCEPTANCE is depeadenrupencompletionofall applicablerequlred inspection procedures. sidations are in fact blame by the Purchases. Therelfore, four good cause and m consideration for executing this purchase oiler, the Seller hereby assigns W the Pmchaer any and all claims it may now have ar hereafter Freight Terms. Shipments must be F.O.D., City of Fart Collins, 700 Wood St, Fiat Collins, CO 80522, unless acquired under Not 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 end charge separately, de original freight purchased or acquired by the Purchase pursuant o this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 1ft PURCHASERSPERFORMANCEOP SELLERSOBLIGATIONS.defective Shipment Distance. Where mnlationureM havedr,ducnbuting of the mmmry, If the Purchaser Seller W corrbyadate to be on byPorch the ect emnconfomrtn6 or lability voice when color no destitution, and cxocss fieigbr will be dafucrul from Invoice when s bright from the neared d excess off be a or unwillingness 1p comply, the er and the Seller, and theSellerythe fter ss comply, thHarris ier, a d to Purcway, forms avr realer distn shipments lam male from greater distance. shipexportershipments issa available it, M shall by the most c.xpedhiovs means available to it, mJ the Seller sM1all pay all may, cause the work tin be most expo runs pay all orformeJ costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, cmificmes and licenses required by all applicable laws, regulations, on irunces and rules o'the same, municipality, mnimry or political subdivision where ,he work is performed, M required by any other duly constituted public authority having junadtatun over the work of vendor. Seller further agrees W hold the City of Fort Collins harmless from and against all tability and loss installed by them by main of an assened or established violation of any such laws, regulations, orditmnces, Mies and respirations. Authorisation. All parties to this contract agree thin the represenatires are, in fan, hmu Erie and possess full and complete minority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accordance to the terms and condition, stated herein of forth and any supplementary or additional awns and conditions normal bereW or international herein by .farm.. Any additional or diffrenrtcmrs and conditions proposed by seller are objected Ir anal hereby rejaled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryst, cannot make complete shipment to arrive on your promised delivery dam or noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase all and the documents matched bereW. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate is a waiver of this provision. In the event army delay, the Puahuer 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, rise Seller shall not be liable for damages as a result of delays due to causes not retrsonably fammumble which are beyond its tamable control and W itham its faint at ar gligence, such acts of God, acts al civil or military sanctions, gm'emmental prierilms, fires, strikes, flood, epidemics, wars or riots provided that notice of the carnfi ions causing such delay is given to the Purchaser within live (5) days of the uric when the Seller fro reserved knowledge thereof, In the event of my such delay, the date of delivery shall be extended for the pentad equal W the time worldly lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples move other descriptions given, will be fit for the par asses included, and performed wit fie highest degree of are and competence in accordance with accepted standards for work of a 'mils nature. The Seller agrees to hold the punchaur harmless from my loss, damage or expense which the Nure er may suffer or invor on a1cow1 of the Sellers breach of wamnty. The Sella shall mplwe, repair or make Seek without cost W life pachaa, any defaces or faults arising within one (1) year or within such longer pentad of time m may be presented by law or by the forms ofany applicable wsmnly provided by the Seller after, the date of weariful of the goods fumnbed hereunder (wceptmem, not to h wuea ernably delayed), reading fmm imperial or defective work done or matmals famished by the Sella AccepWrWe or use of goods by the Poreonser shall not constitute a waiver of any claim under Ilus warmly Except as otherwise provided in this purchase order, the Sellers liability hccander shall cxmed W all damages proximately caused by the breach of my of the foregoing warrmues or guaremas, bun such liability shall in no evem include Ins, of profits a 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 rears by within change oMer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes Ia the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrincn change order. If any such change nlTects the amount due or the time of performance hereunder, in equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser nay at any time by worn change order, terminate his agreement as to any or all Pwamw of the good then not shipped, subject to my equitable adjustment between the panics ne W any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods mayor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Serum with respect to any good which tie the Sellers standard stark. No such lamination shall relieve the Purchaser onhe Seller ofany of their obligatous a to my good delivered hemanda. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjusmem must he assrned within rainy (30) days fmm the date the change or terntia lion is ordered. 8. COMPLIANCE WITH LAW. The Seller warmks out all &mods sold hereundea shall have ban produced, sold, delivered and f rshed in trn compliance with all applicable laws and regulations W which the Rand . subject. The Seller shall came and deliver such documents as maybe required W offer or evidence compeance. All laws aW regulations required to be incorporated in agreements of this character are hereby rneoryooted herein by this normal no Seller agree W indemnify and hold the Purchaser hatless from all costs and damages suffaed by the Purchaser as a if of fie 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 other, the ,our written real of the other party. 10. TITLE. The Seller warrants full, clear and wrommeted title to the Purchaser for all equipment, materials, and items fumished in Performance of this agreement, fee and clew of any and all liens, restrictions, reservations, sewity interest encumbrances and dorms ofathers. The Seller shall release the Purchaser and its contractors of any nix from all liability and claims of any nature resulting from the pefarmmce of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers aed employers of such party. The Seller's economical obligations, including warranty, short not be lamed to be reduced, in my way, because such week is performed or caused to be performed by the Purchaser. N. PATENTS. Whenever the Seller is required to use my design, device, material or process warred by loner, patent, ma demork or copyright, the Seller shall indemnify and wave harmless the Purchaser fmm any and all claims for infringemem by ream of the use of such pamnted design, devices material or process in command with the comfort, and shall indemnify rise Franchiser for any cast, expense or damage which it may be obliged to pay by reason o'such infringement on any time during the prosecmion or aaa the completion of the work. In case said equipment, or my For thereof or the intended use of the goods, is in such suit held M constitute infringement and the use of said equipment at pen is enjoinal, the Seller shall, in its own expense and at its option, either procure for the Purchaser the right to continue man& said equipment or parts, replace the same with substantially egad but naninfringing 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 crednom, mpaint a reviver or fMmee for any of rife Sellers property or bnslness, this order may forthwith be canceled by the Particular without Ialit Iity. 16, GOVERNING LAW. The definitions of mans used or the interpretation of the agreement and the rights of all parties hereunder shall be cmenced under and for med by the laws cribs State of Colorado, USA. The following Additional Conditions apply only in cases when the Seller is W perform work hereunder, including the service of Sellers ItcpresenWtive(s), on foe premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Seller's own risk until the swam is illy completed and accepted, aced shall. in ase of my maddens, destruction or injury W the weak a d rm materials before Seller's fire] wrople ion and acceptance, mmplat the work ran Seller's own experue and no the mnilbruioa of she Pnforma . When a darials and equipment are fumuhed by others far installation m erection by the Sever, the Sella shall receive, anload, start and handle most at the site and become responsible therefor as though such maternal, larger equipment were being f mished by the Seller We, the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease humfnrs, 1r its employees employed on or is connection with the work covered by this purchase order, ardor W their dependents in accordance with the laws of the auto in which the work is to be done. The Seller shall also carry comprehensive general liability including but not limited W, contractual and automobile public liability insurance with bodily injury and demb limits of of It-, 53mh 000 to, any one penes, 8500,0ID far any one accident and property damage limit per accident of $400,000, The Seller shall likewise ragme his contractors. if any, to provide far such campen and iruurmce. Before any of Sellers or or, v lasiora employees shall do any work upon the premises of others, the Seller shall fumish the Furtherer with a artificial, that such compensation mid insurance have been provided. Such certificates shall specify the lute when such omparearion and insurance have been provided Such certificates shall specify the date when such a mpemmim anJ insurance expires. The Seller agrees that such compensation and insurance shall be maintained omit allot the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby minimal the entire responsibility and liability for any and all damge, lass or injury army kind r more whosoever to persons or property caused by or resulting tom the overall of the work provided for in Nis prembue order or to connexion hers th. The Seller will irmw mifv and hold harmless the Purchase and any r all of the Purchasers offices, agents and employees fmm am against my and all claims, losses, damages, charges or expenses, whether duct or indirect, and whether to persons or property W which the Purchase may be put or subject by reason of my cat, action, neglect, omission or default on drc part of the Seller, any of his conexamrs, or my of the Sellers or cum cam. officers, agents a employes In case any Nutt m same proceedings shall be brought against fie pacificator, or its officers, agents or employes at my time on account or by crown of any act, action, nel omission in default of the Seller of my of his contractors or my of its or Nei, officers, agents or employees ns aforeatd, the Seller hereby agrees to assume the defense thereof and an defend the sane at the Senn, own expense, to Pay my am all costs, merges, admineys fees and other expenue. my and all judgments Nat may be incurred by or obtained cleared ed the Punctuator or my of its or their officers, agents or employees in such suits or other proceedings, aril to case judgment or other Into b< placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such ids or other proceedings, the Seller will at once an. the same m be dissolved and discharged by giving band or mheewise. The Seller and his comocfrs shall take all safety precautions, fumish and isss all all goad necessary fur the prevention of accidents, comply with all laws and regulations with regard to safety including, but without mannion, the Occupational Safety and Health Act of 1970 and all holes and regulations issued pursuant therew, Revised 03R010