HomeMy WebLinkAbout105888 VALMONT INDUSTRIES - PURCHASE ORDER - 9145498City of
Fort Collins
Date: 09/24/2014
Vendor: 105888
PURCHASE ORDER
VALMONT INDUSTRIES
C/O MARKQUARDT HERBERT LIGHTIN
1044 SPEER BLVD
DENVER CO 80204-3947
PO Number Page
9145498 1of3
This number must appear
on all invoices, packing
sli sand labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 09/22/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I TS Pole with 35' Mast Arm
For Lemay & Magnolia
S-614-40A
With 15' Illuminair
Powder Coat over Galvanized
Medium Bronze Powder Coat
LS 10,070.0000 10,070.00
PER TERMS AND CONDITIONS OF BID 7264
2 TS Pole with 45' Mast Arm 1 LS 11,488.0000 11,488.00
For Lemay & Magnolia
S-614-40A
With 15' Illuminair
Powder Coat over Galvanized
Medium Bronze Powder Coat
3 TS Pole with 50' Mast Arm 1 LS 11,693.0000 11,693.00
For Lemay & Magnolia
S-614-40A
With 15' Illuminair
Powder Coat over Galvanized
Medium Bronze Powder Coat
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@fogov.00m
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
�F.�or_t Collins
PURCHASE ORDER
PO Number Page
9145498 20f3
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 TS Pole with 55' Mast Arm 1 LS 11,840.0000 11,840.00
For Lemay & Magnolia
S-614-40A
With 15' Illuminair
Powder Coat over Galvanized
Medium Bronze Powder Coat
s TS Pole with 30' Mast Arm 2 LS 10,040.0000 20,080.00
For College & Monroe
5-614-40A
With 15' Illuminair
Powder Coat over Galvanized
6 TS Pole with 45' Mast Arm 1 LS 11,488.0000 11,488.00
For College & Monroe
S-614-40A
With 15' Illuminair
Powder Coat over Galvanized
Medium Bronze Powder Coat
7 TS Pole with 50' Mast Arm 1 LS 11,693.0000 11,693.00
For College & Monroe
5-614-40A
With 15' Illuminair
Powder Coat over Galvanized
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 Emai1purchasing@fcgov.com
Total $88,352.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
L COMMERCIALDEFAUS.
Tax exemption. By statute the City of Fort Collins is exempt from sum and local taxes. Our Exemption Number is
11. NONWANER.
98-04502. Federal Excise Tax Exemption Crnificme of Registry 84-6000581 is registered with the Collector of
Failure of the purcbaser an inset upon strict performance of the s,rrn and coraltion b—C fmlure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Source 1993, Chapter 39-26, 114 (a).
exercise any rights or remedies pmvided herein or by law, failure an promptly notify the Seller in the event of a
breach, the acceptance ofor pa,mal for goods hereander or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REIECTED due to failure to meet specification, either when shipped ar due n defat of
any of the warranties or obligation of this purchase order and shall not be dmmed n waiver of any right of the
damage in ca nit, may be renamed m you for credit and art not to be replaced except upon receipt of written
purchaser to insist upon saner performance hereof or any of it rights or remedies in to any such goods, moraless
imummions from the City effort Cl llim.
of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any putwned
col modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject o the City of Fro Collins inspection on anWal.
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
and riecd Fryman on the pan of the City of PanCollins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent an completion of sell applicable rquired inspection procedures.
violations are in fact home by the Purchaser. Theretoforefor .ad cause and as cansideralion for executing this
purchase oaer, the Seller hereby cosigns to the Pardoner any end all claims it may now have or hereafter
Fright Terms. Shipments most bd ROB., City of Fun Collins, 700 Wood M., Fon Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the Particular goads or services
oNend. specified on Nis order. If,armaxion is given to prepay freight and charge separately, the original fight
purchased or acquired by the Purchaser pursmnl to this purchase oa,
bill most accompany, invoice. Additional charger for packing will out be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers base distributing points in various part of the contrary, shipment is
Ifthe Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by she
expected from the nearot distribution in, 10 datiwtim, mad excess freight will be deducted form Immice when
purchaser mad the Sella, and the Sella Hereafter indicates in inbiloy or unwillingness to comply, the Purchma
shipments ate nude Rom greater distance.
may arms, the work ho be performed by the most expedition mean available to it, and the Seiler shall pay all
costs assocuud with such work.
Parries. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses "fired by all
applicable laws, regulations, ordinances and rules of the state, municipality, Nmirory or polidal subdivision where
the work is performed, or required by any other duly constituted public authority having jumdicum over the work
of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an assened or established violation of any such laws, regulations, ordinances, tales
and requirements.
Authorization All parties to this contract agree Not the representatives are, in fact, bona tide and possess full and
replete authority to hind said parties.
LIMITATION OF TERMS. This Paribas, Order expressly limits screptance to the ran,, and conditions stated
herein set forth and any supplementary or additional lemss and condition annexed hereto or irompoms,d herein by
mmomea. Any additional or different an. and condition proposed by Sella are objected to and hereby rejecnd.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT rimmedimely if you cannot make complete shipment 10 arrive on your
promised delivery date as noted. Time is aide essence. Delivery and performance mnl be affected within the time
stared an the purchase order and the documents attached hereto. No aces of the Purchases. including, without
limitation, acceptance of Wnial late deliveries, shall operas, as a waiver of Dais provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be liable for damages ex a result of delays
due to mums not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such is fGad, as ofcivil or military authorities, g marmi nut pnation, fires, strikes, flood, epidemics, wan or
riots provided that native of the conditions musing such delay is given to the Particle, within Five (5) days of the
lime when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be
extended lot the period equal to the time actually lost by re earn of the delay.
3. WARRANTY,
The Seller warrant that all goods, articles, materials and work covered by this order will conform with applicable
drawings, speifications, samples and/or other description given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar ware. The Seller agrees to hold the purchur harmless fmm any loss, damage or expense which the
Purchaser may suR or mar on account of th, Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the purchaser, any def is or faults nosing within one (1) year or within such longer period of
time as may h<prevenbed by law or by the terms of any applicable warranty provided by the Seller after the data of
acceptance of the goods famished hereunder becaptance not to be immeasurably delayed), resulting fmm imperfect
or defettive work done or mandals famished by the Seller. Acceptance or ere of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except in 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 guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FU NESS FOR PURPOSE SHALL APPLY.
4, CI IANOES IN LEGAL TERMS.
The Purchaser may make changes to legal ¢met by written change order.
5. CI IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes a the tern, other than legal terms, including addition to or deletions from
the quantities originally oaered in the spenficalico s or drawings, by verbal or xdues change ordec If any such
change affect the amount due or the time of performance hereunder, an amicable arpr tmerat shall be made.
6. TERMINATIONS.
The Purchaser may at any time by waitlen change order, terminate this agreement n in any or all portion of the
goods then not shipped, subject to any equitable operation between the panias as to any work or maerials then in
progress provided that the Purchaser shall not be liable for any claims for amicipand profit on the menno,k ned
panderer of the goal and/or work, for incidental or cmmscquential damages, and Out no such adjnamem be made in
favor of the Seller with respect in any goods which art the Sellers standaa stock. No such nomination shall relieve
the Purchaser or the Seller of any aftheir obligations m to very goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be nswed within thirty (30) days from the date the change or termination is
ordered.
L COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such document n may be temporal to effect or evidence compliance. All laws and regulations required ro be
incorporated in agreement of this character arc hereby incorporated heair by di s reference. The Seller agrees ro
indemnify and hold the purchaser harmless to. all cues and damage sulfated by me Purchaser n is result of the
guitar failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, ndnsfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the he, parry.
10, TITLE.
The Seller warrants full, clear and untesnicted title to the Purchases for all Normal, matmals, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims opinion.
The Seller shall release the Purchaser and it animators of any tier fmm all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
diremors, aRcers and employees of such parry.
no Sella, amarectunl obI Irons, tncluding warranty, shall nor be deemed to be reduced, in any way, beaus,
such wmrk is performed in caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, matmal or poorest covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchaser form any and all claims for infnngem m
by reason of the use of such paeaned design, device, mntmal or process in connection with the war a t, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the pricamion or after the completion of the work. In ease said equipment, or
any pan thereof or the intended use of the gads, s in such suit held to constitute infringement and the ere 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 pans, replace the same with subsumicRy equal but
noainGngiag equipment, or mbdify it so it becomes hamstringing,
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
reccive
Purchi r or ern me for any of the Sellers property or business, this order may forthwith be canceled by the
PurchnawilM1om liability.
16. GOVERNRJG LAW.
The definition ofrerms used or the interpretation ofthe agreement and the rights of ull parties hereunder shall he
construed under and g averred by the laws of the State of Ccl.md., USA.
The following Additional Conditions apply only in case where the Seller is to perform work hereunder,
including the sanction of Sellers Reprasommove(s), on the premises oforhers.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers awn risk mool the same is fully completed and accepted, and shall,
in ruse of any accident, destruction or injury to the work and -'or ma than before Sellels final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Produce, When materials
and equipment are famished by others for installation or cram. by the Setter, the Seller shall receive, unload
store and handle same an the site and become responsible therefor as though such materials torpor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers companaion, including occupational
disease benefit, 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 sate in which the work is to b, done. The Sella
shall also can, comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500.000 far any
one accident and p merry damage limit per accident of S400,000. The Sella shall likewise require his
contractors, if any, to provide for such compawrion and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premise of others, the Seller shall famish the Purchaser with a ttnifiate
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the into when such compensation
and announce expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is wmplenW and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all cl rage, loss or injury crony kind
or nature whatsoever to person or property mused by or resulting fmm 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
r all of he Purchasers oMae,, agent send employees fmm send a diva any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be par or subject by reason of any act, amen, neglect, omission or default an the part of the Seller any of his
contractors, or any of the Sellers or contraams officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its aRcers, agent or employees at any time on account or
by mown of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agent or employees as aforesaid, the Seller hereby agrees to resume the defier, thereof and n
defend the soma a1 the Sellers own manse. to pay any and all cost, chaagn, attorneys fees mart other -,—a,
any and all jud,r mt that may be incurred by or obtained against the Parchment or any of its or their officers,
agent or employees in such suit or other proceedings, and in case judgment or other lien be Fisted upon or
obtained against the property of the Purchaser, or said parties is or as a result of such suits or other proceedings,
she Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller food
his contractors shall take all safety precaution, f ish and imstall all guards necessary for the prevention of
accident, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all mas and regulation issued Pursuant thereto.
Revised 072014