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HomeMy WebLinkAbout549378 LOBOS STRUCTURES - PURCHASE ORDER - 9147660PO PURCHASE ORDER 914766er Page City, of PURCHASE s� a�sso 1 of 2 ' `t Collins Thisnumber must appear V �7 on all invoices, packing sli s and labels. Date: 12/2912014 Vendor: 549378 LOBOS STRUCTURES 8084 SHERMAN ST DENVER CO 80221 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 12/29/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Arthur Ditch @ Wood St. 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.com 1 LOT LS 569,396.47 Total $569,396.47 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 2 of 2 1. COAAfERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from sma and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser W insist upon strict performance of the to. and conditions hereof, failure or delay W Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smuttee 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure 0 meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchaw order end shall tot b, deemed a waiver of any right of the damage in namiL may be rerwned to you for endit and ere not to h replaced except upon an of woman peorchour to insist upon strict performawe hereof or any cats rights or remedies as to any such goot regardless instructions tram the City of ran Collins. of when shipped, reserved or wceptal, as to any prior or subsequeat default bereuMa, am shall any proclaimed oral modification or rescission of this ptuebase order by the Purchaser operate ma a waiver of any of IN, terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merehandise, services or equipment in toilsome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fort Collins. Ilowter, it is m be understood that FINAL Seller and the Purchaser recognize that in actual e o c practice, o,cmha,ra resulting from and., tfotr ACCEPTANCE is dependent upon completion of all applicable raluirrd im'pection procedares. violations are in fact home by the Purchases Theretofore, good cause and as consideration for executing this Purchase order, the Sella hereby assigns to the Pumhaer any mod all claims it may now have or hereamer Freight Tam¢. Shipments most he F.O.B., City of Fort Collins, TOU Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust lases for such overcharges relating to the particular goods or services otherwise specified m this order. Ifroarnosion is given to prepay Height anal charge sepamtel, the original freight purchased or acquired by the Purchmer prorsaant to this purehase and, bill most acmmoanv tactics. Additional charges for packing, will not be accepted. Shipment Distract. Where man umbereas have distributing paints in various parts of the country, shipment is expected from the norcst distribution paint to destination, and excess freight will be deducted ft= Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulatiors, ordinances and toles of the state, municipality, territory or political subdivision where the work is perlernai or required by any other duly constrained public authority having jurisdiction over the work of vendor. Seller further agrees to hold the Co, of Fort Collins ha mlru from end against all liability and loss incurred by from by reason of an newmed or established violative of any such laws, regulations, oNfances, toles .it nyulranens. Authorization. All parries to this contract agree that the representatives art, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepmnee to the terms and conditions shred herein set Each and any supplementary or additional tcmu and conditions annexed hereto or incorporated herein by reference. Any additional or different to. and conditions proposal by sailor are objeuted to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT incona ly if you ardi make complete shipment to arrive oa your promised delivery &m as noted. Time is affair essence. Delivery and performance must he 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 khrorm, shall operate as a waiver of Nis 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 Seller liable for damages. However, fe Seller shall not be liable for damages as . .all of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofrivii or military mthoritias, gme a rtatal priorities, fires, strikes, flood. epidemics, wars or riots provided that harbor of the conditions mooing such delay k given to the Purolator within five (5) drys of the time when the Seller rim received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period egnal to me time actually Imt by mason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, sparrcurions. samples ..&a, other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to held the purchases harmless from any loss, damage or atpeme which me Purchaser may suffer or incur as wenwt crime Sellaa breach of.ty. The Seller shall re,lxce, repair or make good, without aw to the purchaser, any defteu or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the menu ofany applicable wamnty provided by the Sella alter the date of acceptance of the goods famished harmade t (acceptance not to be unreasonably delayed), resulting form imperf t or defective work done or materials famished by to Sella. Acceptance or use of goods by the Purchaser shall or constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase rotor, the Sellers liability hereunder shall extend ve all damages proximately caused by the breach of any of me foregoing recreate, or guarantees, but such liability shall in nor train include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puachuer may, it, change, to legal menu by written change coda S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal team, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperf rmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puatasa may at any time by —.a. change mia, terminate his.,reamer, as many or ail poniom of me goods then not shipped, sobjes, to may egniable adjmtment hen'em the tunies as to any work or materials hen in Progress provided that me Purchaser shall act be liable for any claims for amicipzted profts on the uncommitted portion off, good mWrar work, for insidenml or mmscqumtul damage, and that n, such adjustment be made in favor of the Seller with respect to any goods which arc me Sellers structural stock. No such termination shall relieve ,he Purchmer or he Sella of any ofheir obligations on to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be maned within thirty 130) days form the date the change or termination is ootered. 8. COMPLIANCE WITH LAW. The Seller wamnu that all good sold hereunder shall have been produced said, delivered and famished in strict compliance with all applicable laws mod regulations m which me good arc subject The Sallor shall execute and deliver such documents as may be tanned m effect or evidence compliance. All laws and regulations required to be ncorporsted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sollars failure to comply with such law. 9. ASSIGNMENT. Neither Ori shall assign, tmnsfa, or convey this order, or any monies due or to become due hereunder without me prior written comment of the other parry. IL TITLE. The Seller warrants full, clear and unrestricted title to the Purchmm for all equipment maaerials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, resmations, security interest encumbrances and claims etchers, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to comet nonconforming or defective goods by a date to be agreed upon by the purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purcbaa may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. The Seller shall remove me purchaser and its contractors of any tier from all liability and claims of any nature resulting form the perfommnce ofsuch work. This release shall apply ern in the event of fault of negligence of the parry reload and shall extend m the directors, officers and employees of such party. The Sellers comramaml obligations, including warranty, shall not be deemed W the reduced, in any way, because such work is performed or caused to be performed by the Purchmer. 14. PATENTS. Wheneres, the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, rommal or p. in correction with the contract, and shall indemnify the Purchaser for any cast expense or damage which it may be obliged to pay by pawn ofsuch infn'ngamen, at any time during me prosecution or after the completion of the work. In case said equipment, or any pan thereof err the intended m, of the goods, is in such suit held or mmtimte infringement and he use of said ampersand or pan is attained, the Sella shall, at its own expense and W its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially ounal but noninfringing equipment, or modify it m it becomes mninfringing. I S. INSOLVENCY. If the Seller shall become insahven, or bankrupt, make m assignment for the benefit of creditors, appoint e receiver or trustee fen my of thprimaryma e Sellers por business, this order y forthwith Es, canceled by the Pum,adi without liability. 16. GOVERNING LAW. The definition oft. used or the interpretation of the agreement and to rights of all parties hereunder shall he construed under and g..amed by the laws tithe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is W perform work hereunder. including the services of Senors Rapresentative(s), on the premista atothera IT. SELLERS RESPONSIBILITY. The Salla shall carry on said work at Seller's own risk until me same is fully completed and warped, and shall, in au of any wrident, destruction or injury to me work arWbr mataals bet Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pitchman. When materials and equipment are f fished by others for installation or abortion by be Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials mdlor aluiparat were being famished by the Sella under the order. 18. INSURANCE. The Sella shall, at his over expense, provide fen the payment of workers compensation, including occupational disease benefits, W its employees employed on or in connection with the work covered by this puschow order, andior to their dependents in accordance with the laws of the store in which the work is as be dome. The Seller shall else tarty comprehensive general liability including, bur not limited m, contracsual end automobile Public liability imumnce With bodily injury and death limits of at least S30h0u0 for any one person, S500,000 for any one accident and property drmage limit per accident of S4W,". The Seller shall likewise capture his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or bis commemrs employees shall do any work upon the premises of others, the Seller shall burnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify me dine when such compensation and insurance have been provided Such emifiwts shall specify the date when such compensation and insurance expire. The Sella agrees that such mmpen Lion and insurance shall be mstradmi ed until an. fe entre work is completed and tumptal. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby m es the entire responsibility and liabilityfor any red all damage, loss or injury of any kind or nature whoomever 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 Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, atW whether to persons or property, to which the Pumhmer may be put or subject by wasou of any act, nation, nigher, omission or default on the pan of du Sella, any of his mntmctors, or any of the Sellers or mn[rectors oRicers, agoras or employees. In eau any suit or other proceedings shall be brought against the Purchases, or its officers, agents or employees at any fire on zemunt or by reason of any act action, neglect, omission or default of he Sella 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 thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, artomeys fees and other expenses, any and all judgments that may be incumed by or obtained against the Purchaser or any of its or then officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obrained against the property time Purchaser, or said ponies in or as is resat of such suits or other proceedings. the Seller will at vece muse that more to he dissolved and diwharged by giving bond or otherwise. The Sella and his contractors shall take all safety pracommus, fumish and install all guards necessary for fie prevarimm of accidents, comply with all UWs and regulators with regard to safety including, bur without limimitn, the Omupalional Safety and Holm Act of 1970 end all roles and regulations issued pursmnl thereto. Revised 0712l