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HomeMy WebLinkAbout132008 JMCGRANE INC - PURCHASE ORDER - 9144501Fort Collins Date: 08/06/2014 Vendor: 132008 JMCGRANEINC 515 SMITH ST FORT COLLINS CO 80524-3118 PURCHASE ORDER PO Number Page 9144501 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 08/06/2014 Buyer: PAUL, GERRY Note: Line Description I APP West Vine Outfall Artwork 1 LOT UOM Unit Price Extended Pri LS I Pay terms net 30 days 23,460.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order perms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt front slate and local nixes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Caffeine of Registry 84-61)(1 is rrgistetN with the Collator of Failure of the Parelbacer to insist upon strict perfrmance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtotes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly amity the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval cribs design, shall nor release the Seller or God Rejrcted. GOODS REIECTED due to failure to meet specifications, citha when shipped or due to defects of any of the warranties or obligations of this purchase order and shall riot be deemed a waiver of any right of the damage in pansit, may be mtumW to you for credit and arc not to Is, replaced except upon receipt of wdnen purchasp to insist upon trier performance hereof -any ofit, rights or remedies as m any such good• regmdless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prim, or sabsequeat default hay—&,, or drill any purported oral modification or racission of this purchase order by the Pumhaer operate as a waiver of any of the corms Inspeaion. GOODS are subject to the City of For Collins inspection on snivel, fervor. Final Aceepwnre. Receipt of the merchandise, vivirs, or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aath0rited paymcm oa the pan of to City of Fort Collins. However, it is to be understood that FINAL Seller and the Purehazcr recognize then in actual economic practice, ovemanum, molting from principal ACCEPTANCE is dependent upon mmpleion of all applicable required imparion p.c dupes. violations art in fact borne by the Pumh orm. Theretofore, for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchasr any and all claims it may now have or hereafter Freight Terms. Shipments must be RON., City of Fail Collins, 700 Wood Sr. Far Collins, CO 80522. unless otherwise specified on this order. If pemtisicn is given to prepay freight and charge seFeately, the original freight bill most accamp:my invoice Additional charges for paling will not be accepted. Shipment Distance. Where manufacturers have disrnbuting points in various pans of the country, shipment is expected from the nearest dlatdbmion in, ro desinstion, and excess freight will be dMucted from Invoice when stipmeats are made form greater distantt. Permits. Seller shall procure at sellers sale cost all necessary permits, cenificata and licenses required by all applicable lows, regulations, ordinances and roles ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havin,jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins hmmlas from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, mles cnd ex uiremmnts. Authoritarian. All parties to this comma agree fast ,he representatives are, in fact, bona fide and pozxss full and complete authority 10 bind said panics. I.IMII'ATION OF TERMS. This Purchase Order expressly limits acceptance to the tamer and conditions starts Ratio per forth and any supplementary or ndificad rem,' and conditions emaxod hereto or itearponned herein by reference. Any additional or diBimnt terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immadiamly if you amid make romplere shipment m arrive ou year promised delivery date as noted. Time is of the essence. Delivery and performance -rat be e@cted within the time stated m the purchase order and the ducuments attached herein. No acts of the Purehasrs including. without limirarion, acceptance of partial I., deliveries, shall operate ew a waiver of rho provizion. In the even, of any delay, ,lot Purchaser shall have, in addilian t0 other legal and equitable remedies, the uption of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes nit reasonably foreseeable which are beyond its reasowble control and without its fault of negligence, such acts of God, acts ofaxil or andam, authorities, governmental pnodties fires, strikes, flood, epidemics, wars or no¢ provided than notice of the conditions taming such delay is given ro to Purchaer within five (5) days of to lime when the Seller fen received knowledge thereof In the even, of any such delay, the dare of delivery zfall be extended for the period equal to the time morally lost by rmmn ofthe delay. 3. WARRANTY. The Seller werranls that all goods, nnides, materials and work covered by this order will conform with applicable drawings, zpafcatioe, sample and/or other descriptions given, will be fit for the purposes intended and performed with the highest degree of care and competence in accordance wit accepted standard for work of a irabar hours. The Seller agrees to hold the purchaser hornless from any was, damage or expense which the Purchaser may su@r or,tour on account of the Sellers breach of warranty. The Seller shall replace, repair- make good, without cost to the purchaser. any defects or faults arising within one (1) year or whin such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the due of cecptaece of the Bonds furnished hereander (acceptance nor m be unmamnably delayed), resulting from imperfect or defective work done or =Wrists furnished by the Seller. Acceptance or use of ga#s by the Purchaser shall not continuum a waiver crony claim under this warranty. Except as othavine provided in this purchase order, the Sellers liability hereunder shall extend to all damns' proximately caused by to breach ofany of the foregoing wormntics or guannters, but such liability shall in rim e'em include loss of profits or loss arcane. 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 Purchmer may make any changes to the -pre, other than legal remsx, including addiriore to or deletions form the r,airmilies originally ordered in the sliecifirro as or drawings, by verbal or wormen change order. If any such change affects the mr oval due or the time ofperformance hereunder, an yuitable adjustment shall Ise rude. 6. TERMINATIONS. The Parch: ser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject o any equitable adjustment between the patties as to any work or maleri:ds then in progress provided that the Purchaser shall not be liable for any claims for amicipo tat prof¢ an the uncompleted portion of the goals and/or work, for incidental or consequential damages, and that no such Odj roureat be made in favor of the Seller with aspect to any good which are the Sellers standard stock. No such termicotion shall relieve the Purchaser or the Seller army of their obligations a to any goods deliver l hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aaecard within thirty (30) days from the date the change or mareampon is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants tat all good sold hereunder shall have been produced sold, delivered snd marshal in strict compliance with all applicable laws and regulations w which the goods arc subject. The Seller shall execute and deliver such documents 0, may Ee required ro effect or Ovidenee compliance. All laws and regulations requied to he ncorporated in agreements of this chamcter are hereby ineallomad herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless firm all cash 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, m convey this maker, many monies due or to become due here a der without the pear wnuen consent aft, other Ferry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all Bess, restnnions, reservations, security interest encumbrances and claims of others. acquired under federal or state antiaust laws for such overcharges relaling to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser groom the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchase, and the Sella, and the Seller themBer indicates its inability or unwillingness to comply, to P-chaser may carve the work as Na pffmmM by the most expeditious means available 10 it, and the Seller shall pay all cosh associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature esulting from the performance Of such work. Ibis cleave shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officer, spot employees ofsuch parry. The Selleh comactual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is pert ed or Owed,. be paformeJ by,he Parchaser. 14. PATENTS. Whenever the Seller is required to use any design, drake, material re process covered by letter, pant, sademnrk or copyright. the Seller shall indemnify and save hurmless the Purchaser firm any and all claims for infn capent by reason of the use of such patented design, device, -aerial or process in connection with the contract, and zhall indemntify the Pruchaver for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the Formation or after the completion cribs work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to nmrinue min, said equipment or pans, replace the same with substantially equal hat nouiafringing equipment, or malify it se it becomes mainfrming. 15. INSOLVENCY. If the Sage, 'lard! become insolvent or bankrupt, make as resignmal for the bemefl of credgere, appoint e ravermir or tmme fen any of to Sellers property or business, this o e, may forthwith be canceled by the Purchsser without liability. 16. GOVERNING LAW. The definitions ofterms reed or the interpretation of the agreement and the rights of all parties hereunder shall be comWed under and governed by,he laws ofthe State of Colorado, USA. The flImim, Additional Conditions apply only in where to Sella, is to perform work hereunder, including the services ofShcm Represntativeb), on the premises ofothem IT SELLERS RESPONSIBILIYYf The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destmction Or injury to the work parent materials before Sellers final completion and acceptance, complete the work at Sellers own expense and tote satisfaction of the Purchase When materials arts equipment ate furnished by Others far installation or erection by the Seller, due Seller shall ¢carve, what, same and handleme saat Be site wit became responsible therefor ns though such materials wdfr equipment some being fished by tc Seller maker the order. 18. INSURANCE_ The Seller'loll, at his awn impose, provide for the payment of workers commission, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase maker, and/or to their dependents in ammdonee with the laws of the state in which to work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to. comparing] and automobile public Liability immuccoe with bodily injury and death limits arm least S3 W," for any one person, S51 000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewise reform his comaanrs, Bray, to provide for such compensation and insurance. Befom any of the Sellers or his contractors employees shall do my work upon the premiss of others, the Seller shall f ish the Purchaser with a vertificam than such compensation and insurance have been provided. Such cafficmes shall specify ,be date when such ampensatlnn and insurance have been provided. Such certificates shall specify fie date when such compensation and inmorce expires. The Seller agrees tat such compensation and insurance shall be mains iced until afar the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever 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 Purchos, and any r all ofthe Purchasers officers, agents and employees from and agrifin any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which ,he Purch.'aer may be put or subject by reason of any act, action, neglect, omission or default on the part of the Sella, my of his contractor, or any of the Sellers us contractors officers, agents err emPlOYces_ In case any mil or other proceedings shall be fraught against the Purposes. or its officers, agents or employ. at any time on accoaat o, by,waon of any act, action, neglect, omission or default of the Sella of any of his contmcmrs or my of its Or their officers, agents or employees as aforesaid, the Sella hereby agree to asmme the defense thereof and to defend the same at Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments chat may be 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 judgment or other lien be placed upon or obtained a,airtst the property of the Parchssa, or said parties in m as a resell of such suite ar he, proceedings, Ih[ Sella will at once cause the same to be dissolved and discharged by giving bond of cobstwise. The Seller and has contractors shall sake all safety precautions, famish and awall all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without dimimtimy the Occupational Safety said Heahh Ac, of 1970 end all toles wd regulations issued ptwttanuhersto. Revised OM014