Loading...
HomeMy WebLinkAbout109164 AGUILARS CORP - PURCHASE ORDER - 9120856City of Fort Collins Date: 02/09/2012 Vendor: 109164 AGUILARS CORP 4301 DENVER ST EVANS Colorado 80620-3310 PURCHASE ORDER PO Number Page 9120856 1of2 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/09/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Foundation; precast concrete 30 EA 300.0000 9,000.00 70342467 70342467 YARD FOUNDATION, PRECAST, 24" DIA. X 4% WITH FOUR 1" DIA. GALVANIZED ANCHOR BOLTS, 2.5" TO 3" EXPOSED, VERTICAL PLUMB WITHIN 1/16", 15" BOLT CIRCLE, WITH TWO 2" CONDUIT CASTOUTS, PER SPEC. 373-106, REV. , (FOR ANCHOR BASED STREETLIGHT POLE) (SEE SUPPLEMENTAL INSTRUCTIONS TO BIDDERS) AGUILARS, 24-48; Delivery: - 10 every two weeks - two week lead time quote dated 2-9-2012 fax PO to 970-330-7171 Attention: Mabel Sanchez C3. O!la:�aQ� 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVF•R. 98-IW502. Federal Excise Tax Exemption Ccniticatc of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tams and conditions hereof, failure or delay to Internal Revenue. Denver, ColomdP (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event pro breach, the acceptance prof payment for goad hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any pf the ,am. One, or Obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon .strict perfomancc hacofor any of its rights or remedies as to any such good, regardless instructions from the City_ of Fort Collins. of when shipped, rcccivcd or accepted. w to any prior or sObscqual default hereunder, nor shall env pinTO"al am] modification or rescissinn Of this purchase order by the Purchaser Opemm as a woiar crony of the terms Inspection. GOODS are subject to the Citv Of Fort Collins inspection on arrival. hercor. Final Acceptance Receipt of the merchandise, services or oquipment in rcspomm to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be undentond that FINAL Sella and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection prnealums. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may time have Or herea0cr, Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fon Collins, CO R0522, unless acquired under federal or state antitrrst laws for .such Overcharges relating to the particular goods Or scrvica otherwise specified no this order. U permission is given to prepay freight and charge separately, the original freight pnrchnsed or ncquired by the Purchnscr pursuant to this purchase order. bill must accompany invoices Additional charges for packing will not he accepted. Shipment Distance. Whcv manuf carers have distributing points in various pans of the country, shipment is expected 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 cast all necessary permits, catificams and licenses required by all applicable Imes, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is performed. or recapped by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins hamdcc from and against all liability and Ins% incurred by them by reason Of an ac coed or established violation of any such laws, regulations. ordinances. nlcs and regnircments. Authorization. All panics to this contract agree that the rcprescntmives are. in fact, buns fide and possess full and complete autharim to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the teats and conditions stated herein set fourth and any supplcmcnary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional ordHfcrem terms and conditions Proposed by sellame objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyot cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe dscncc. Delivery and performance must be effected within the time stated on the pu¢hase order and the documents ."ached hereto. No acts of the Purchasers including. without limitation, acceptance Mpartial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser %hall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a residt of delay% due to "apses not reasonably foreseeable which arc beyond it reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities. gm<mmental priorities, fires. strikes. Brad, epidemics. ears or riots provided that notice of the conditions causing such delay is given to the Pnrchascr within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany .such delay, the date of delia, shall be extended for the period 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 conform with applicable drawings, specifications. samples andlor other descriptions given, will be fit ror the purposes intended. and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumhascr may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good. without cost to the purchaser. any delnts or faults arising within am (I) year or within such longer period of time as may be prncribed by law or by the terms of any applicable moronity provided by the Seiler aRcr the date of acceptance of the goods famished hereunder (accpmncc not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gauds by the Pnrchascr shall not constitute a waiver of any claim under this aanarty. Except as otherwise provided in this purchase order, the Sellers liabiliy hercunda shall extend to all damages prnximmely caused by the breach of any of the foregoing warn rows or guarantees, but such liability .shall in no event include loss ofprffit%or Ines 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 Po¢haser may make any change to the temps. other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or clippings, by verbal or prinat change order. If any .such change affects the amount due or the time nfpallomtancc hereunder. an equitable adiustmcnt shall be made. fi. TERMINATIONS. The Purchaser may at any time by wromp change order, mornimpt, this agreement as to any our all portions or the goods then no: shipped, subject to any egnitable nchostmcnt between the panics as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on life tmcomplcted portion of the goods andlm work. for incidental or eonscqucntial damages, apt] that no such ndlustmcm he made in favor of the Seiler with respect to any goods which arc the Scllcrs standard stock. No such tcrminntion shall relieve the Purchnscr or the Seller nrany of their obligationsos to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change our tcrminntion is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hacnnder shall have been pmducal, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject, The Sella 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pnrchascr hamdess from all costs and damages suffered by the Purchnscr w a resadt Pf the Sellers failure to comply with nteh law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any monies due or to become due heratoder without the prior m'riten consent of the other parry. 10. TITLE. The Scllcr warrants fulh clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, racnations, security interest encumbrances and claims ofnthers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by., date in be agreed upon by the Purchnscr and the Seller, and the Seller thereafter indicates its inability or PPrillingness to comply, the Purchsser may cause the work to be performed by the most expeditions means available to it, and the Scllcr shall ryry all costs associated with such stork. The Seller shall release the PpmIpocr and its contractors of any tier from all liability and claims of any nature resulting form the perfommnce of such work. This relapse shall apply even in the event of fault of negligence of the pain released and shall extend to the dimmor, oR'ncrs and employees of such party. _ The Scllcrs contractual obligations, including warranty, shall not he deemed to be rcducal, in am' way, because Such work is perforated or caused in be parnmaal by the Purchaser. 14, PATENTS. Whenever the Scllcr is required to use any design. device, material or ponces covered by later. patent, trademark or copyright. the Scllcr shall indenmify and save harmless the Purchaser from anv and all claims for infringement by reason of dot use of such paternal design, device, material or process in connection with the contract, and shall indemnify die Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmscattion or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such snit held to constiane infringement 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 Pi mhoner the right to continue using said equipment our pans, replace the mine with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seiler shall become insolvent or hanknipt make an assignment for the bene0t of creditors. appoint a receiver or trance for any of the Sellers property or business this order may forthwith be canceled by the Purchnscr without liability. Ib, GOVERNING LAW. The definitions of terms used our the interpretation of the agreement and the rights ofall panics hernmda shall be ennstmed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply nnly in cases where the Seller is to pafomf work hereunder. including the services of Sellers Representntive(s), on the premises Ofothas. 17. SELLERS RESPONSIBILITY. The Scllcr shill tarty on v id work at Sellars own risk until the same is fully completed and accepted, and shall. in case of any accident dcslmctlon or injury n the work .adlor materials before Scllcrs Final completion and ,accept.,"", complete the work at Seller's own expense and to the satisfaction of the Purchase lPTen materials and equipment arc Pornishcd by others for installation or erection by the Seiler, the Seller shall receive, unload, store and handle Same at the site and become responsible therefor as though such materials amVor equipment %veto being furnished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compewntion. including occupational disease hamfis, to its employees employed on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with brsily injury and death limits of ni leasr S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S400AR. The Seller shall likewise require his ennlmelors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do tiny work upon the premises ofothees, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates .shall specify the dale when .such compensation and insurance have horn provided, Such artilmateS shall .specify the dale when such compensation and insurance expires The Seller ngrecs that such mmpcnsation and insmmrce shall be maintained until after the entire work is completed and accepted. 19. PROTECT [ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Pssantes the entire rceponsibiliry and liability for any and all damage, loss or ininry' Prins, kind or nature whrlsoever to persons our property caused by our resulting from the execution Ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any our all of the Purchasers o icas, agents and employees from 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 he pot or subject by mnsno of any act action. Peglat. omission or default on the pan of the Seller, any of his contractors, or nov Of the Scllcrs or contractors oRcas. agents or employees. in case any suit or Other pmcccdings shall be brought against the Purchnscr, or its o0icen, agents or employees at any time an account or by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcof and to defend the Same nl the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and rill judgments that may he inctrrcd by our obtained against the Pnrchascr or any of its or their officers. ,agents or employees in such suits of other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, our said panics in or as a result of such snits or other proceedings. the Seller will at once cause the Same to he dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety prccauninns, furnish and install all guard necessary far the pmvcntiop Of ,accidents, epmply with all Imes and regulations with regard to safely including, but avilhonl limitation, the Occupational Safety and Health Au of 1970 and all rules and mptlations issued pursuant thereto. Revised (0/2010