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HomeMy WebLinkAbout549378 LOBOS STRUCTURES - PURCHASE ORDER - 9147660Fort Collins Date: 01/09/2015 Vendor: 549378 LOBOS STRUCTURES 8084 SHERMAN ST DENVER CO 80221 PURCHASE ORDER PO Number Page 9147660 1012 This number must appear on all invoices, packing 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 4 Change Order 1 Internal s Change Order 1 Ped Sidewalk Portion 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 EA-6,430.00 1 LOT EA 6,430.00 i Total i 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is aempt fmm state ad local rain. Our Exemption Namibia is 11. NONWAIVER. 9804502. Fademl Excise In Exemption Cenifcate of Registry 14-6o00587 is Medical with Me Collector of Failure of the Purchaser to insist upon strict perfornunre of Me teams aM conditions hereof, failure in delay to I.emrd Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapta 39-26, 114 (a). exercise any rights or remedies provided herein or by Una, failure in Faultily notify dhe Seller in Me eveat of a breach, Me acceptance of or payment for goods haeunda a upproval off design. shall not rele... the Sella of Goods Rejated. GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of my of the wvmntia of obligations of this purchase order and shall not Ins deemed a waiver of an, eight of the damage in numb, may be re need to you for credit and arc not to he replaced except upon receipt of wrium purchaser in insist upon stria perfomance hermfor any of its rights or remedies as to any such goods, rtgardlcas instructions firm the City effort Collins. of when shipped, rem iced or occipital, as to any prior or subxquem default hereunder, nor shall any parliament _ oral modification or rescission of this purchase order by the Purdoer opemte as a waiver of my of me term Inspection. GOODS are subject to the City of Fort Collins initiation on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pm of the City of Too Collins. However, it is in be understood that FINAL Seller and the Purchaser cartoon that in actual economic practice, overcharges resulting from minimal ACCEPTANCE is dependentupon completion ofall applicable required inspection procedurts. violations are in fact borne by the Purchmer.Theretofore, for good cause and m consideration for executing this purchase order, the Sella hereby am,w to the Purchaser any and all claims it may now have or hereafter Freight Team. Shipments must be F.O.B., City of Fort Collins 700 Wood St, Fon Collins, CO 80522, unless mqui W under federal or sate mmtmst laws for such overcharge slating to the c n aia goods or services otherwise specified on this order. If pmniuion is given to prrpay freight and charge separately, the mgiml freight purchased or acquired by the Purchaser pursuant to this pacbau order. bill must eccomanv invoice. Additional chaser for oackina will not be mremeJ. Shipment Distance. Whcs ..i.e. have distributing points in sudors pans of the country, shipment is expected from the Moral distribution point to distinction, and excess freight will be deducted fmm Invoice when shipments are mailer ®eater distance. Pennies. Seller shall prome M sellers ale cost all necessary permits, anifinres and licenses required by all applicable laws, regulations, ordinances and ales of the sure, municipality, lemrary or political subdivision where On, ..,it is peRormed, or required by any other duly constituted public authority having jurisdiction ova the work of vendor Seller further agrees to hold the City of Fort Collins ham idem fmm and against all liability and Ims incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, ales and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Pumhase Order expressly limits acceptance to the tears and conditions sated herein set forth and any supplementary or additional mom and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and ambitious proposed by seller are obje cal to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cdnrmh make dumplere shipment to arrive on your Promised delivery date m note. Time Or of the mmme. Delivery and Performance most be effated within Me time staved on the purchase order and the documents aeembed herem. No acts of the Purchmas including, without limitation, acceptance of partial lam deliveries, shall operate in a waiver of Nis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and quitahle sulediq the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a rerun of delays due to camas not reasonably foresaable which are beyond its reasonable control and without its fault of negligence, such ocm rGod, acts of civil or milimry authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or now provided that notice of the conditions coming 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 dare of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will confom with applicable drawings, spaificationa, sample, minor other dexriptiors given, will he fit for the programs intended, and performed with the highest degree of rare and comp uence in accordance with accepted standards for work of a similar mum. The Sella Weds to held the purchaser harmless firm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwatrmty. The Sella shall MI., repair or make good, without cost in the purchaser, any defects Or f Its srixing within one (I) year or within such longer period of time m may be preunbed by law or by the terms fany applicable wamnty provided by the Sella afla the dare of acceptance of the goods fwdshed bereunder luminance not in be umeaanably delayed), resulting form impinged or detective work done or materials Famished by Me Seller. Acceptance in use of good by the Purchaser shall not constium a waiver of any claim under this warranty. Except as othcrwix provul l in this pcochrm order, Je Sellers liability hereunder shall extend to all damage proximately caused by the breach of my of the foregoing warantim or guarantees, but such liability shall in no event include loss of profits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes to she arm, he, Man legal mina, including Obtain. to or deletions from the quantities onginally ordered in the specifications or drawings, by verWl or wrier change order. If my such change affects the amount due or the time fiferfcurbar ,hertuMer, an equitable ad manes shall be made. 6. TERMINATIONS, Toe Publeser may al my time by written change Wes, remmhum this agreement m to my err all portions of the goods Shen Out shipped, subject m my equitable adjuument betw<en the parties as to my weak Or internal, then in progress provided Mail the Purchmer shall not W liable for my claim for anticipated profits on the uncompleted portion of the goods condor work, for incidenml or comqumtul damages, and that m such adjustment be made in favor of the Sella with on,v tto any goods which are the Sellers mustard stook. No such termination shall rtlieve Me Purchmer .,,he Sella of my of their obligations m to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good cold hereunder shall have been produced, sold, deliscand and furnished in strict compliance with all amicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may he requital to effect err evidence compliance. All laws and regulations required to be incorporated in agreements of Nis character are hereby macTumted hadd by this ref ace. The Sella agrees Ire indemnify coed Mid the Purchaser bamtless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall mmign transfer, or convey this order, Or my mmia due or m become due hertuMer wihmt the prim wentum consent of the other party. 10. TITLE. The Seller warrants full, clear and committed title in the Purchaser for all equipment, materials, and items famished in performance of this agreement Gee and clear of my and all liens, restrictions, reservatiars, security intawl encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If Me Purchmer directs the Sella to corset omnconf inning Or defiance goads by a date to be agreed upon by the Pumbona and the Seller, dual Me Sella Manager indicates its usability or unwillingness to comply, Me Purchaser may cruse the work to be performed by the muter expeditious mean available to it, and the Sella shall pay all cosh assaau¢d with such work. The Seller shall release the Purchaser and its contactors of my her firm all liability and claims of my Hams resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pan, mlemed and shall exceed to the directors, oficers and employees of such any. The Sellers contractual obligations, including warranty, shall not be deamcnt to be reduced, in any way, because such work is performed or caused to be performed by Ne Purchases. 14. PATENTS. Whenever the Sella is required to tau any design, device, material or process covered by letter, patent trademark or ropynght the Seller shall indemnify and save hamlets the Purchaser from any and all claims for infringement by reason of the use of such patented design device, material in process in connection with the comsat, and shall indemnify the Purchaser for any cat, expense or damage which it may be obliged to pay by roan of such infringement many time during the pmmation or after the completion of the work. To use aid equipment, or any pan thereof or the intended me of the goods. is in such suit held m coatimte infringement and the use of mid equipment or pan is joined, the Seller shall, at its own expense and at its Option, citlrer procure for the Purchaser the right to continue using mid quipmmt Or pans, Mt. the came with substantially equal but amninGnging equipment, or modify it an it baamn contradiction, 15, INSOLVENCY. If the Sella shall baome insolvent or badrmpt, make an msigmnem for the benefit of cralcurs, appoint a or .,me for any of the Sellers property or business, this order may forthwith be varietal by the Purchaser without liability. 16. GOVERNING LAW. The defiraitiom oflemm mM or the interpretation ofMm agreement and the rights of all parties hereunder shall be am ed maker it governed by the laws of the State of Colorado, USA. The following Addidonal Conditions apply only in ants where me Sella is m pM me work hereunder, including theservicesof Sellers Represcat ice(s), onthepremisesaorders. IT. SELLERS RESPONSIBILITY. The Sella shall any Or mid work at Sellers own risk entil the same is fully completed and accepted, are shall, in rase of any mndent, dntudion or injury to the work andsor motmalx befos Sellers final completion and acceptance, complete the work at Sellers 0. expense aid to me mtisfaction of de Portland. When commas and equipment ate Famished by others for imallotion or section by the Sella, the Seller shall receive, random, store and handle mine at the site am became rnpomible flu refor m though such i atmals and/or equipment were being famished by the Seller under the order. I S INSURANCE. Ile Seller shall, at his own expense provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in correction with the work covered by this purchase order and/or to their depetdenls in a<c urand, with the laws of the sum in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability iruurarm with bodily injury and death limits of at least 53W mo for any one person, E500,MU' for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his concrachous. if any. to preside for such con,armaction and imurmce. Refart any of Me Sellers or his rontmcon employees shall do my work upon the premises of others, the Sella shall famish the Purchaser with a rerdfiate that such compensation and insurance Now been pmvided. Such cmificates shall specify Ne date when such compensation and insurance have been provided. Such diffiates shall specify the date whin such ampetsanon anal insurance expires. The Sella agrees, Nat such compancrown aM immune shall be maintained mail afterNe entire weak is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella bereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kiM or whore whatsoever to parsons or property caused by or resulting fiver the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and bold Emblem the Purchmer and any r all of the Purchmers officers, agents and employees from and against any and all claims, loses, damage, charges or expenses, whether direct or noticed, and whether in persons or property to which the Purchmer may be put or subject by raan of any act, action, neglect, omission in default on the part of the Sella, any of his contractors, or my of the Sellers or contractors officers, agents or employers. In cox any suit or other proceedings shall he brought against the Purchases, or its officers, agents or employees at my time m account or by reason of my act, action, neglect, omission or default of Me Sella of my of his contractors or my of its or Men slicers, agents or employees as of..K Ne Sella hereby Was b assume the defame thertaf and to defend the mine in the Sellers own expense, m pay my and all dusts, changes, mlomeys fees ad other expenses, my coed all judgments that may be houral by in istai d against the Purchaser or my of its cr their officers, agents or employees in such suits or other procedings, and in e•.. judgment or order lien be placed a km or obtained against the property ofthe Purchaser, or mid panic in or m a result of such auim or other proceedings, the Sella will in once cause the mule to be dissolved and discharged by giving bord or otherwise. The Sella dual his commemrs sball take all somy predictions, f 'sh and install all guard necessary for Me Ptevenfim of accidents, comply wiN all laws and regulations with regard to safety, including, but without limitation the Occupational Safety and Health Ad of 1970 and all roles and regulatiam issued Forsums dando. Revised 07n014