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HomeMy WebLinkAbout239957 ADOLFSON & PETERSON INC - PURCHASE ORDER - 9143478Fort Collins Date: 06/19/2014 Vendor: 239957 ADOLFSON & PETERSON INC 797 VENTURA ST AURORA CO 80011-7900 PURCHASE ORDER PO Number Page 9143478 1of2 This number must appear on all invoices, packing slips 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 1 LOT LS 11,600.00 CM/GC SRVC NEW UCS BLDG 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.wrn t1t.Ii?1��YrIri49 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt farm state and local taxes. Our Exemption Number u 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi000582 1, mi,orered with the Collector of Failure of the Purchaser to insist upon fund performance of the terms and conditions hetanf, failure or delay to lntemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). examine any rights or remedies provided herein or by low, failum to promptly notify the Seller in the event of a breach the acceptance ofor payment for good hereunder or approval ofthe design, shall Cast releme me Seller of Goods Rejeclad. GOODS REJECTED due to failure an men specifications, either when shipped or due to def u of any of the —raw or obligations of this pumhau order and shall not be dressed a waiver of any right of the damage in mansit, may h Campbell to you for credit and are not to h replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such goods, regardless instructions from me City of Fort Collins, of when shipped, received or accepted, w In any prior or subsqurnt default hemundw, nor shall any puryarted and modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terms Inspection GOODS art subject to the City of Fort Collins inspection on amval, hereof. Final Acceptance. Receipt of the merchandise, smite, or cquipmml in nespmu 10 dos abler con .1, m T. ASSIGNMENT OF ANTITRUST CLAIMS. amhrved paynrenr on the Pan of be City of Fort Collins. However, it is 1m he tmdersmod that FINAL Seller and the Purchaser recognize that in nears] admadmic practice, overcharges resulting from arnme r ACCEPTANCE is dependent upon completion of all applicable terrorist inspection procedures. violations art in fact bome by the purchaser. Theretofore, for gaud eau¢ and as mncidem en for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.D., City of ran Collins, J00 Wood St., Fart Collins, CO 80522, ualess acquind under federal or state antitrust laws for such overcharges relining to the particular good or services otherwise specified on this Code, If pornisake is given m prepay freight and charge separately, the original fight purchauJ or impound! by the Purchaser pursuant o this purchase order. hill most accomnanv invoice. Additional chances for musics, will not be accessed. Shipment Distance. Where manufacturers have distributing Points in Circus parts of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the stare, municipality, temtory 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 Fran Collins M1mmlers farm and against all liability and loss incurred by them by reason of oa asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agae that the represent i ives are, io tact bow fide and possess full and ampler, amhori ff ,, bind said pmlles. LIMI I Al ION OF PERMS. This Purchase Order expressly limits acceptance to the terns and conditinns sound herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temr and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date in 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 me Purchaers including, without limitation, ocammuce of pmitil late deliveries, shall operate as a waiver of Otis provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of ouding this order elsewhere and holding the Seller liable for damages. However, the Seller shall not h liable for damages m a result of delays due to causes not madambly foreseeable which are beyond its macrame Control and without its fault of neglilwon. such acts of Gad, wo, of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereon In the event crony such delay, me date of delivery shall he extended for the period ca l m the time actually lost by reason of the delay. 3. WARRANTY. The Seller wmmnu than all good, articles, materials and work Covereil by this order will conform with applicable drawings, specifications, samples andror other desuiiaim. given, will be fit for the purposes intended and Performad with me highest degree of care and warralerm'e in accordance with accepted standards for work of a similar whoa. The Sella agrees to hold dhe purchaser hornless farm any loss, damage or expense which the Purchaser may sutler or incur on account of ma Sellers breach of w.ff. The Seller shall replace, repair or male, goof, without emt to the purchauv any defects or f Its wo n, within ova (1) your or within such longer period of time as may be prescribed by law or by me it. army applicable voi provided by me Seller thor du date of acceptance of the goods fomishel hereundn (acceptance not to h umeadwbly delayed), resulting from impMest or detective work done or materials furnished by the Seller. Acceptance or me officials by the Purchaser shall not constitute a waiver Crony claim under this wmmnry. Except as otherwise provided in this purchase order, me Sellers limilof hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or gumranrtes, but such liability shall in no event include lass 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 tube term, other than legal tarots, including additions to or deletion Imo the quatunds originally ordered in the spot i fimhims or drawings, by verbal or wrMen change order. If any such change affects the amount duc or toe time ofperfomunce hereunder, an equimble adjustment shall be more 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all positions of uhc goods then not shipped, subject to any equimble adjustment between the panics as to any work or materials then is progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or consequential damages and mat no such ashur ment h made in favor of the Seller with respect a way good which art me Sellers standard sock. No Inch termination shall relieve me Purchaser or the Seller army of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mart h asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and Maished in suds compliance wit, all applicable laws and regulations to which me good are subject The Seller shall execute and deliver such documents m may he required to effect or evidrnce Compliance. All rates and regulations required 10 he incorporated in agreements of this character are hereby incorporated herein by this referenda. The Seller agars to indemnify and hold use Purchaser h mplass farm all costs and damage sulTered by for, Purchaser as a result of the SCIIcrs failure 1. Comply with such law. 9. ASSIGNMENT. Neither party shall assign, o-amfcr, or convey this order, or any monies due or to become due hereunder without the prior wriuen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrmrined title to the pumhascr for all equipment, materials, and items fumished in performance of this agreement, free and altar of any and all liens, restrictions, reservations, security interest encumbrances and claims of tamers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to Correct mnconforming or defective goods by a due to h agreed upon by the Puochasn and the Seller, and the Seller ffiereaRer indicates its inability or unwillingness on Co.,], the Purchaser may cazed the work to be Performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall reined the Purchaser and its contractors of any tier from all liability and claims of any Curt reunion, farm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcmn, officers and employee, ofsuch party. The Seller's coneucmal obligations, including warranty, shall not be deemed to h reduced, in any way, because such work is performed! or caused to be performed by the Purchaser. 14, PATENT S. Whenever the Seller is required to use any design, device, material or process covered by letter, wout, trademark or copyright, the Seller shall indemnify and save hammless the Purchaser from any and all claims for infringement by reason of the use of such Invented 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 ream. ofsuch infdn,emem at any time drain, the pmocammis to am, the completion of the work. In eau said equipmem, or any pan thereof or the intended use of the good, is in such suit held to wmtione infdngemeat and the use of said equipment or pan 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 egml but noninfringing equipment or modify it so it becomes automating. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for me benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, Nis order may foMwith be Canceled by dare Purchaser without liability. 16. GOVERNING LAW. The definitions ofrerms mad or the interpretation ofine agreement and the rights of all porous hereunder shall the Consumed under and govemed by the laws of the State ofCalomdo, USA. The following Additional Conditions apply any in Cams where m< Seller is to perform work hereunder, including the services of Sellers Re wasenmrlve(s), an me premise afomers. I). SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selli fs awn risk .,it the same a fully completed and accepted, and shall, in ase of any accident, destruction or injury to the work and/or madertals before Sellers final completion and acceplarue, complete the work at Seller's own expense and to me sadisfaction of the Purehasm. When materials Card sawipmen are famished by others for installation or erection by me Seller, the Seller shall receive, unlwd, stare and handle same at me site and become responsible merefor as though such materials artdaor equipment were being furnished by the Seller under the order. HL INSURANCE. The Seller shall, at 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 on their dependents in ucconlance with the laws of the slate in which me work is to be done. The Seller ,ball also carry comprehensive gnteral liability incfdia,, bur not limited to, comments] and antomobile public liability insurance with bodily injury and death limits of at to., 5300,000 far any one pmon, S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his omu,ron, if any, m provide for such mmpenwation and insurance, Before any of the Sellers or his comm uwrs employees shall do any work upon the premises of others, the Seiler shall furnish me Purchaser with is cerlificare that such Compensation and Insurance have been provided. Such certificates shall specify the date when such ompcnsation and insurance have been provided. Such camficams shall specify the date when such compemmion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aherthe entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asstmas the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wbum'cr to pecans or property caused by or resulting from the execution afore work provided for in this purchase order or in connection herewim. The Seller will ordinary and hold harmless me Purchaser and any r all of the Parchment onicers, agars and employees from and against any and all Oxides losses, damages, charges or expenses, whether direct or indirect, and whether to persons or p ape ry to which the Purchaser may h put or subject by reason of any net, anion, aghast, omission or default on the pan of the Seller, my of h¢ emnrucmrs, many or me Seller or contractors officers, agents in employees. In case my suit in offer proceedings shall h brought again me Purchaser, or its officers, agents or employecs an any time an accowt or by mason of my act, actioa mglecr, omission or default of me Seller of my of hin contractors or any of its or their ofucers, agents or employes as of aid, the Seller hereby agrees to assume the defense thereof and to defend the Same an me Sellers own expense, to pay my and All Costs, charges, auomeys fees dual Other expenses, my and all judgments that may he incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgmeor co other lien Ed placed upon or obtained e,i. the popery, of the Purchaser, or said parties in or as a rear, ofsuch stairs or tamer proceedings, the Seller will an once cause the warns, to h dissolved and diuhrgad by giving bond or otherame. The Seller and his contractors shall take all safety precautions, Truth and imull all guards necessary for the prevention of accidents, comply with all laws and acgulations with regard 1r ufety including, but without limitation, me Occuymiowl Salary and Health Act of 1920 and till roles and randird as issued pursuant mereto. Revised 03R010