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HomeMy WebLinkAbout549378 LOBOS STRUCTURES - PURCHASE ORDER - 9147660 (2)Fort Collins Date: 12/29/2014 Vendor: 549378 LOBOS STRUCTURES 8084 SHERMAN ST DENVER CO 80221 PURCHASE ORDER PO Number Page 9147660 1of2 This number must appear on all invoices, packing sli s and labels. 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: This purchase order is subject to the terms and conditions of the Agreement between the City of Fort Collins and Lobos Structures, Notice of Award dated December 19, 2014 for Project 8038 Arthur Ditch Wood Street Bridge Replacement. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Arthur Ditch @ Wood St. Req 49027 - Utilities 3 Arthur Ditch @ Wood St. Req 49027 - Utilities 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.mm 1 LOT EA 1 LOT EA 44,934.16 Total $134,934.16 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By smite the City of Fan Collim is exempt from state and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Cenificme of Registry M-6000587 is regismred with the Called., of Interval Revenue, Denver, Colorado (Ref. Colorado Revised Smtutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned w you for credit and are trot to tr, replaced except upon receipt of wromen iadm,ti.ns form the City of Fort Cultists, Inspection. GOODS are subject to Me City rapport Collins inspection on anivi 1. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required impaction prieedures. Freight Tam¢. Shipments most be FOR.. City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise spaifal an this order. Dpnmission is given to prepay freight and charge separately, the original freight bill most arrom m, invoice. Addancia l charges for peeling will act he accepted Shipment Distance. Where manufacturers have distributing points in various pans a the country, shipment is expected from the nearest distribution point to dcstbutinn and excess freight will be deducted front Invoice when shipments are made from greater domnce. Permits. Seller shall produce at sellers sole cost all necessary, permits, certificates and licema required by all applicable laws, regulations, ordinances end roles of the sate, municipality, territory or pelitical mb lidnim where Me work is performed, occasioned by any other duly constituted public authodry havingjurisdiction over the wont, of vendor. Seller further agrees to hold the City of Fan Collins bidders from and against all liability and loss incurred by them by reason arm asserted or esublisM1M violation of any such laws, regulations, ordinances, miss and requirements. Authorization. All pasties m this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits aceeptand a the terms and exaditiom sited here set foM and any supplementary or additional tarns and conditions wmexed hereto or incoryomtN herein by reference. Any additional or difrerent arrm and conditi.ad por mind by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move an your promised delivery date as noted. Time is of the essence. Delivery and Performance must M line c,d 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. Me Finland shall have, in addition to other legal aM equitable remedies, the option of placing this order elsewhere and bolding the Seller liable for dxsnages. However. the Send shall nor be liable Ins darragas as a result of delays due to causes not reasonably foreseeable which are beyond its numerable conwl and without its fault of negligence, such ads.fGm. acts ofdvil or military authorities, govdmnanml priorities, fires, strikes, Boos, epidemics, war, waor riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that of goods, articles, watdials and work covered by Nis order will conform with applicable drawings, specifications, samples call other description given, will be fit for the purposes intended, ard Radical with Mi highest degree of once and competence in mcordance with accepted standards for work of a similar remre. The Seller agrees to hold the purchaser Earnings from any loss, damage or expense which the Purchased may suffer or incur on account of the Sellers breach ofwarmnry. The Seller shall replace, repair or make good, without cost to 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 terms of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreatrumbly delayed), resulting form imperfect or defective work done or malmals hmishad by the Seller. Acceptance of use of good by the Purchaser shall not anstim, a waiver of any claim under Nis.1y. Except as otherwise provided N Nis purchase order, Me Sell. Liability h d add shall extend to all damage proximately conevest by the breach of any of the foregoing warranties or guarmsxs, but such liability shall in no event irxlWe loss ofporOts 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, when Man legal terror, including additions go or defetiors firm she manridc onginu ly ordered in Me, specifications or drawings, by verbal or wrium change order. If troy such change affects the amount due or the rime.1f dfmmance hereunder, an actua le adjustment shall be made. 6. TERNUNATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Portions of the goods then or shipped, subject to any double adjustment between the parties as to any work car materials then in progress provided that the Purchod shall not be liable for any claims for anticipated prafts on the uncompleted pomon of the goods and/or work, for incidental or co enuewial damages, and that no such n1jurtment be, made in favor of the Sella with respect tad any goads which art the Sellers standard stock. No such temrivtion shall relieve Me Purchaser in the Seller army ofthen obligations n To any goods delivered hareueder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, asserted within dory (30) days from the date the change or Lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f ished in said compliance with all applicable laws and regulations to which the good aft subject The Seller shall execute and deliver such documents as may be required a effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this thousand are hereby incorporated hecew by this reference. The Seller agrees a indemnify and (told Me Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trmmfer, or convey this order, or any monies dues so become due hereunder without the prior turned consent ofee other party. IRTITLE. The Said wamnu full, clear and unrestricted title to $e Purchud for all wryipment materials, anal items famished in perform a of Nis agreement, free and clra of my and rill has, reduction, cesarvalions, security interred encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist upon said performance of the terms and conditions hereof, failure or delay to any rights or remedies provided hadin or by law, failure to promptly notify the Seller in the event off breach,tthe acceptance ofor payment for goods hereunder or approval ofthee design shot tans release the Seller of any of the warranties or obligations of this purchase polar road shall not he demand a waiver of any right of the purchaser to radial upon strict pert ands hereof or tiny of its rights or remedies as to any such goods, regardless of when shipped, received ar accepted, in to my pd., err saturation default hereunder, nor shall any pmponed oral modification or rescission of this purchase order by the Purchaser operate as is waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize thm in actual economic practice, overcharges resulting from antitmst violations are in fact Some by Me Porchuer. Theretofore, for good cause and as consideration for executing this purchase order, the Sella hereby assign to the Purchased any and all claims it may raw have or hereafter acquired under federal or suite antitrust laws for such ovacharga refiring to the particular goads or urvicn purchased or acquired by the Purehser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller therea0er indicates its inability or unwillingness to comply, the Purchaser may cause the work m be performed by the most expeditious means available to it and the Seller shall pay all costs assoclomd with such work. The Seller thdl release the purchased and its contractors of any for 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 extend to the directors, officers and employees crunch party. The Sellers contractual obligations, including warranty, shall not be domed m be reduced, in any way, because such work is palmmed or caused to be performed by she Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, ma erod or process covered by lent, patent trademark or copyright the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patented design, device, material m process in connection with the dontmd and shall indemnify, the Purchaser for any cost in. or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any Pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan B enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchosd the right to continue using said equipment or parts, replace the come with substantially equal but rmuinfdgiug attainment, ar modify it all it becomes nommunging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt make An assignment for the benefit of crediars, appoint a cancer or trustee for any of the Sellers formerly or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of marts used or the interpretation of the agreement and the righn of all groin hdeunda stall be conswed order and governed by the lows of the Scale of Colorado, USA. The following Additional Conditions apply only in cases where Me Seller is to perform work Eercuvdd, including the services of5ellers Represenulive(d. an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mail the same is fully completed and accepted, and shall, in ass of any accident, destruction or injury to the work andmr materials before Sellers final completion and aceduand, campus, the work at Sellers own emeade and as the satisfaction of the Purchaser. When mmeriak and equipment tie famished by others fad installation or erection by the Sella, the Seller shall receive, mdoad, mare and handle same at the site and become rapoadible therefor u though such materials indoor ryapmrnt wart being furnished by the Seller under the order. _ I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to in emplayees employed oa err in connection with the work covered by this purchase .,its, cal to their dependents in accordance with the laws of Me state in which the want is to be done. The Seller shall also carry comprehensive general liability including, but not limited a, command and automobile public liability iruurame with bodily iniury card death limits of at least S3W." for my ace person, SSW." for any one accident and property damage limit per accident of 5400,0D11. The Said shall likewise require his contmenow if any, to provide for such compensation and insurance. Before any of Me SellSellersor his commissionscommissionsm employees shall do any work upon the pnises of others, Me Seller shall furnish Me Purchaer with a aftificam Lou 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 me date when such compensation and insurance expires. The Sella agrees that such compcvssim. end insurance shall be, maintained until one, me entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire reapomibility and liability fad my,d ell damage, loss in injury of any kind or wire whatsoever to persons or property caused by or resulting from Me mention 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 the Purchasers officers, again and employers 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 pm or subject by reason of any an, action, neglect, omission or default on the pan of the Seller, any of his confusion, or my of the Sellers or contmium officers, agents or employees. In case any suit or other proceedings shall be brought ammd'the purchases, or its offc.. agents or employees at my It. on act. cur by rcvsan of my tit action, neglect omission or default of the Seller of my of his commtors or my of its or their oRcds, agents or employees in aforesaid the Seller beceby agrers to assume the defense dare f and to defend the same at Me Sellers own expense, a pay my and all mats, disciple, Mondays fees and other amoral my and all judgments that may be handed by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits in other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Prochxam or said parties in or as a cult of such suits or other proceedings. Me Seller will at once cause the same to br, dissolved and discharged by giving bond or otherwise. The Seller and has common ars shall eke all safety pramticrs, famish and immll all guards necessary for the prevendon of incidents, comply win all lawn and regulatimu with regard to safety including, but woman, limitation, the Ocean tional Safety rand Health Act of 1970 and all roles and regulations issued pursuant tMreto. Revised 01R014