Loading...
HomeMy WebLinkAbout105888 VALMONT INDUSTRIES - PURCHASE ORDER - 9122296PURCHASE ORDER PO Number Page City of 9122296 1 of 2 �} Collins oll` I n �+ This number must appear ` �7 on all invoices, packing slips and labels. Date: 04/23/2012 Vendor: 105888 VALMONT INDUSTRIES C/O MARKQUARDT HERBERT LIGHTIN 1044SPEER BLVD DENVER Colorado 80204-3947 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 04/20/2012 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price S-614-40 Traffic Signal Pole 1 LS 16,245.0000 16,245.00 60 Foot Arm, Galvanized With 15 Foot Luminaire at 30 Feet As per bid # 7264 2 S-614-40 Traffic Signal Pole 1 LS 16,308.0000 16,308.00 65 Foot Arm, Galvanized With 15 Foot Luminaire at 30 Feet As per Bid 7264 Total $32,553.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 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, fly slatute the City of Port Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-0H502. Federal Excise Tax Exemption Certificate of Registry 94-6400597 is registered with h, Collector of Failure ol'the Purchaser to insist upon strict performance of the terms and conditions hereof failure or dcfav to Intemal Revenue. Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (1). exercise any rights or remedies provided herein or by law, failure In promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification. either when shipped or due to defects of mry of the warranties or obligations of this purchase order and shall not he deemed a ,river of any right of the damage in transit, may be rcmened to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hercoforome of its rights or remedies as to any such goods, regardless instruction form the City of Fort Collins. of when shipped. received or accepted, asto any prior fa or subsequent deult hvcunder, nor shall any pugmned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temw Inspection. GOODS am subject to the City of Fort Collins inspection an arrival. hereof. Final Aeceplanee. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, unthorized payment on the pan of the City of Fort Collins, Hovcvcr. it is to be understood that FINAL Seller and the Pnmlmser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofalf oppfieahle required inspection pmcedums. violations rare in fact borne be 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 now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fun Collins, 700 Wed St, Fnn Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and change separately, the original freight purchased or aequird by the Purchaser pursuant to this purchace order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE; OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all trots associated with such work. Pcrmits. Seller shall procure at sellers solo cost all necessary pertains, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the 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 vendee Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and Ins incurred by taco by reason of an asserted or established violation of any such laws. regulations, ordinances, odes and requirements, Anthomation. All panics to this contract agree than the representatives are. in fact, bona fide and pns,csv full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and ennditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different mom, ad conditions proposed by seller am objected found hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmised delivery date as 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 the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser.shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hmvicecr. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. .such acts of God. aces of civil or military authorities, governmental priori tics, fires, strikes, flood, epidemics, wars or riots provided that notice of the condition, caning such delay is given to the Purchaser within five (5) days of the time when the Scllcr first rcccived knm Icd,c thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Scllcr warants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted stundmd, far 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 warranty. The Seller shall replace. repair or make good, without cast no the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the term of any applicable ammary provided by the Scllcr after the date of acceptance of the goods furnished hereunder (aeecpwnee not to he unreasonably delayed), resulting From imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pnrchascr shall not constitute 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 passionately caused by the breach of any of the foregoing rvarmntics or guarantees, but such liability shall in no cwcnt include loss of pmfits 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 the terms, other than legal terms including additions to or deletions from the quantities originally ordered in the specifcminns or drawings, by verbal or written change ranter. If any such change affects the amount due or the time of perfommnce hereunder, an equitable adjustment shall be made. R. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics a% to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted ponion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which am the Sellers standnnl stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to anv goon dcl ivered hereandef. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall hate been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser 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 due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wornnts full, clear and unrestricted title to the Purchaser for all equipment materials. and items furnished in perfommmce of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of tetras. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall estcnd to the directors, effects and employees ofsuch pony. The Seller's cmurach al obligations, including warranty, shall not he dcemcel to be reduced. in any way, because such work is performed or caused In be performed by the Purchaser. 14. PA'f EN'rs. Whenever the Seller is required to use any, design, device, material or process covered by letter, patent, trademark or copyright the Seller shall indcramiv and save hapless the Purchaser From any and all claims for infringement by reason of the use of such patented design, device. material or prices in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damge which it may be obliged to pay by reason of such infringement at any time during the Prosecution or after the completion .(the work. In case said equipment or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option. either procure for the Pumhrscr the right to continue using ,said equipment m parts, replace the same with substantially equal but nonid}inging equipment, or modify it xn it becomes naninfringmg. 15. INSOLVENCY, If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trumcc for any of the Sell left, property or busincs, this order may forthwith he canceled by the Pnrchascr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be envslred under and governed by the laws of the State of Cnlnmde, USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the acrt ices of Scllcrs Repue,cmatiec(s). an the premises nfralwts. 17. SELLERS RESPONSIBILITY. The Scller shall cam on said work at Seller's men risk until the same is fully completed and accepted, and shall. in case of any necidenl. destruction or iniury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllcrs own cspensc and to the satisfaction ofthe Pumhoscr. When materials and equipment arc furnished by others for installation or criterion by the Seller. the Seller shall receive afford. some and handle same m the site and becmnc responsible Ihciefor as though soh materials and/or egoipment were being furnished by the Seller under the order. IR. 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 to their dependents in accordance with the laws of the .state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contraetunl and automobile public liability insurance with bodily injury and death limits of rat least S306,000 for any one person. S500.000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, fray, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do anv work upon the promises of others, the Seller shall furnish the Purchaser with a certificme that such eompcnmion and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such cer ifientes shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wlmtsoevef to persons or property caused by or rcsulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnrmlcss the Purchaser and any or all of the Purchasers officers, agent 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 be put or subject by reason of any net, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Pnrchascr. or its officers, agents or employees at any time on account or by reason of any act, action. neglect, omission or default of the Seller of any of his contmctms m any of its or their nfriccrs. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, a m-ri @es and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employcee in such snits or other proceedings. and in case judgment or other lien be placed upon Or obtained against the property of the Purchaser, 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 othewise. The Seller and his contractors shall take all safety precautions, 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 roles and regulations issued pursuant Thereto. Revised 03/2010