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HomeMy WebLinkAbout239957 ADOLFSON & PETERSON INC - PURCHASE ORDER - 9143477of Fort Collins Date: 06/19/2014 Vendor: 239957 ADOLFSON & PETERSON INC 797 VENTURA ST AURORA CO 80011-7900 PURCHASE ORDER PO Number Page 9143477 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/19/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price CONSTRUCTION SERVICES CM/GC SRVC RENOVATION USC 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 22,000.00 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from same and local taxes. Our Exemption Number is l gLn502. Federal Excise Tax Exemption Cabbage of Registry 84-6000587 is regiueral wild the Collector of Imemal Revenue. Denver. Colorado (Ref Colorado ewised Sumter 1973, Chapter 19-26. 1 W (a), Goods Rejected. GOODS REJECTED due to home a meet a secibcatiom, dtha when shipped or due to defecs of damage in transit may be retuned as you for credit aM are rot to be replaced except upon receipt of wnnm inometians farm Use Ciry of Fa Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on amval. Final Acceptance. Receipt of the merchandise, services car or equipment in response to this Omer result in authorized payment on the pan of the City of ran Collow However, it is to be undeaood NatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipmenbi must be FOR., City of For, Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If pernoriou is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufsamas have common, points in He. pans of the country, shipment is expected from the nearest distribution point In destination, and excess freight will be deducted from Invoice when ship... am made from greater discance. Perri.. Seller shall procure al sellers sole cost all necessary permi., certificates and h .es required by all applicable laws, regulations, cadmium, and ales of the state, municipality, territory or political subdivision where the work is pert N, or required by any other Only cautioned Public authority havingjurixcliction over de work of vendor. Seller further epees to build the City of Fan Collins bout fmm and againt all liability arm loss orral by them by ream. of m actin or established violation of any such laws, mouton., ordinances, poles and no,mo menns. Authorization. All parties m this contract agree that the "Orwantiwa roc, in fact, bons fide and possess full and complete authority to bind mid panic. LIMITATION Or TERMS. This Purchase Omer expressly limits new,u nee to the anon and condition coned herein tit forth and any supplementary or additional terms and conditions mmexed hereto or incorporated herein by reference. Any addilional or differentia— and conditions proposed by caller arc objected to and hereby jaded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediaely if you cannot make complete shipment to arrive on your parmlmd delivery date as noted. Time is of the essence. Delivery and performance must be erected within the time timed on the purchase timer and the documents ameh d hereto. No act, of the Purchasers mcludat, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall hove, in addition to other legal and equitable remedies, the option of placing this order elmwhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to callus nut reasonably foreseeable which are beyond its reasonable a air.) and without its fault of negh cove, such acts of God, acts of civil or military nnthondes, govemmmul pnorilies, Tres, stakes, flout, epidemics, wars a do. prickled that notice of the conditions emang such delay is given to the Pardoner within five (5) days of the It., when the Seller fir received knowledge themaf. In the ever of any such &day, the die of delivery shall be extended fir the peaty equal to the time actually lost by reason ofthe delay. I. WARRANTY. The Sella woman. tut all goods, amides, materials and work covered by Nis We, will conform with applicable drawings, specification, samples mdor other desrnprian given, will be fit for the purposes intended, and Performed with the highest degree of care and competame in accordance with accepted standard for work of a similar nsmre. The Sella agrees to hold the purchaser armless from any lass, damage or expense which the Purchaser may suffer or incur oa account of de Sellers breach i f warm ay. The Sella shall replace, repair or make good, without col to the purchase, any defects or f Its arising within one (1) year or within such longer period of time in may be presc Tml by law or by the ramr, army applicable w.arnnty provided by the Seller after me doe or acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of guests by the Purchaser shall not ontimte 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 the breach of any of the foregoing warranties or guarntrai, but such liability shall in no went include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IAI.L APPLY. a. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal terms by wnuen <unge Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, Ober than legal arms, including additions an or deletion from the quantities originally ordered in me specifications or drawings, by verbal or written change under. If any such change affects the. mount due or the time ofperfarmace hereunder, an amiable adjustment shall he made 6. TERMINATIONS. The Purchamr may at any It= by women change not twain to this agreement as Or any or all Famous of the good dent shipped, subject to any equitable mij.rmmn beromen no, Wrier as ro any work ar mztenak den m Progress P.,i&d that the Purchaser shall not be liable for any claims far anticipated profits on the mrac,leted ,onion of the good andror work, far incidental or contaminated red damages, and ihaI m such adjutmr, be made in favor of the Sella with respect to any goods which ate the Sellers smndam stak. No such termination shall relieve the Pmchcr or the Seller of., of their obligation as to any goods delivered humunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmduwd, sold, delivered and famished in stict compliance with all applicable laws and regulations to which the 6.ads arc subject The Seller Gull execute and deliver such documents . may be required to effect or evidence compliance. All laws and regulatimrs required to bar incorporated in agreements of this character are herby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser harmless from all cuts and damages suffered by the Purchaser as a result of IT Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due herunder wiNaut the prior wrinen consent ofthe other parry. 10. TITLE The Sella warm.. full, clew end commuted title m de Purchnn for all equipment, mmcrials, and items finished m performance of this agreement, free and clear of my and all licks. resmction, reservations, sccunry summer cncumbmmes and claims of ohms. I L NON WAIVER. Failure of the Pureh.a to insist upon strict punformmce of the terms and conditions hereof, failure or delay m exercise any rights or remedies parvid herein a by law, falure to promptly ratify the Seller in the event of a breach, the acarm. of or paMan far goads hereunder ar approval offfc design, shall cot mi. the Seller of any of the warranties or obligations of this purchase Oder and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance haterfof any of its rights or remedies as to any such good, reason less of when shipped, received or accepted, as to any prior or subsequent default annual nor shall any puryoned am[ modification or rescission of this puchrou order by the Producer opera, as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acNal economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. TheretoforeforgoodCana and as consideration for execuling this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now how or haana acquired under federal or state antitrust laws for such overcharges relating to the particular goods ar services purchased or acquired by the Purchaser pursuant to this purchase order. 11. PURCI IASHRS PERFORMANCE OF SELLERS OBLIGATIONS. If The Purchaser direw, the Seller to correct nonconforming or defective goads by a dam to be agreed upon by the Purchaser and the Seller and the Seller Ihaterm, indicates its inability or unwilforpows to comply, the Prachaser may cause the work to be paramount by the most expedition means available to it, and the Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier form all liability road claims of any nsture ranking from the pofomuntt clinch work. This release stun apply even in the event of fault of negligence of the parry retained and mull extend in the difego s, officers and employees of such parry. The Selle/s contractual obligation, including wanaunt, shall not be damed to ha reduced, in any way. became such work is performed or caused to be performed by de Purchaser. 14. PATENTS. Whenever the Seller is required to we any design, device, material or pmi covered by Inner, patent, roadworks or copyright, the Seller shall indemnify and save Formless 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 Purcher for any cosy expense or damage which it may be obliged to pay by reason of such inGngement at any time during the prosecution or alter the completion of the work. In cam said altripromi or any part thereof or the intended use of the goods, is in such suit held to cnntltnte infringement and the ace of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either picture for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but nonimHnging equipment, or modify it so it becomes voninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or boularpt, make an assignment for the benefit of credimrs, appoint a mawr or trustee for any of the Sellers property or business, Otis order may forthwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The defnni&ots of teas used or the interpretation ofthe agreement and the rights ofall ponies hereunder shall be coutmed under and govem,d by dte lawn of the Sure ofColmedo, USA. The following Additional Carditiom apply only in case, where the Sella is to perform work hereunder, including the services of Sellers Repreuntative(s), on Ne premises ofodem 19. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own risk until the same is filly completed and accepted, and shall, in u of my accident, destruction or injury to the work sulfur materials before Stiles final completion and acceptance, complete the work at Sellers own expnse and to the satisfaction of the Purchaser. When materials and equipment art frmishal by others for iumllation or erection by the Seller, the Seller shall receive, unload, score and handle same at the site and become rempmnlble flamba as Ihough such materials mcF.r equipment were being furnishal by the Seller under the order. Is. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including Occupational disease 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 scam in which de work is to Ise done. The Seller shall also carry comprehensive genenl habila, including, but not limited to, contractual and automobile public liability inucom- with bodily injury and death limits of al lent 5100,000 for any are person, S50ROOO far any one accident and property damage limit per accident of S100,000. The Seller shall likewise mimic his contractors, if any, to provide for such compensation end inurnow. Before any of the Sellers Or his examixecats employees shall do any work upon the premises of orders, the Seller shall fmish the Purchaser with a remificate Out such compensation and insurance have been provided Such certificates mull specify the date what such amperouncion and insurance have been provided. Such certificates shall specify de, date when such compensation and museum, expiro. The Seller epees tut Bach compensation and insurance shall be, mainemsed until after the entire work is complete and aceeplM 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby eta. the entire responedility and liability far any and all damage, Ins or injury i fery kind or mture whomever to persons or property 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 cr all of the Purchases officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether w persons or property to which the Purchaser may be at ar subject by reason of any act, submit neglect, omission or default on the pan of the Seller, any of his contmenrs, or any of the Sellers or contmems officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by .,on Of any act, action, neglecr, omission or default of the Seller of any of his contractors or any of its or Their oficem agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the come in he Sellers own expense, to pay any and all costs, charges, atlomeys foes and other expenses, any and all judgments that may be incurred by or abmined against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the prepay, of the Purchaser, or mid parties in or as a mull of such suits or other proceedings, me Sella will in once cause the same to be, dissolved and discharged by giving bond or o0e m. The Sella and his contractor shill take all safely pcommiou, fiuown and install all guards nownsury for to Drumm can, of accidents, comply with all laws and regulations with regard an safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all notes and regulation issued pursuml thereto. Revised WaOIO