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HomeMy WebLinkAbout105888 VALMONT INDUSTRIES - PURCHASE ORDER - 3215302Fort Collins Date: 01/13/2015 Vendor: 105888 PURCHASE ORDER VALMONT INDUSTRIES C/O MARKQUARDT HERBERT LIGHTIN 1044 SPEER BLVD DENVER CO 80204-3947 PO Number Page 3215302 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Bolt Supplies 1 LOT LS 20,000.00 Per terms and conditions of bid 7264 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 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 Total 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. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fan Collin is exempt from state and local taxes. Our Exemption Number is 11 NONW AI VM 98-0,1502. Federai Excise Tax Exemption Cerificam of Registry 84-600t is classified with the Collector of Failure of the Purchaser to insist upon moot recommence of the terms and conditions himsef failure or delay to lntemai Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1971, Chapter 39-26, 114 (a). exerdse any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the design, shill not release the Seller of Cards Rejected. GOODS REJECTED due to failure to men specifications, tither whm shipped or due in defects of any of the warranties or obligations of this purchase order and shill not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of whom purchaser to insist upon strict performance hermfor any ofits senator remedies as to my such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. MODS are subject to the Ciry ofFort Collins inspection on arrival. bettor Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. fraternized payment on the pan of the City of Fort Collins. However, it is 0 be understood that FINAL Seller and Ne Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact some by the Purchaser. Thinomfore, for good <ma and as consideration for exmuting this purchase order, the Seller hereby assigns to the Purchaser my and of claims it may now have or hereafter Freight Terms. Shipments ..in be F 0 B., City of Fro Collins, 700 Wood St, Fon Collins, CO 80522, wless acquired under federal or state moment laws for such overcharges relating in, the particular goods or services otherwise specified on this order. If permission is gicen to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accampary i emica Additional charges for Packing will ant be sccepsul 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dinance. Where manufactioers have domibomig in. in various pan of the country, shipment is If the Forecaster directs the Seller in comect nonconforming or defective goads by a dune to be, agreed upon by the expected from the nearest dismbution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the man expeditious means available to It and the Seller shall pay all costs asmciated with such work. Permits. Seller shall procure at sellers mile cam all necessary permits, cenificaus and licenses required by all applicable laws, regulations, ordinances and rules of the .to, mtmicipalide, wrimry or political subdivision where the work is performed or required by my offer duly coturimted public authority having jurisdiction over the work of vender. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss ra uasserted sed by them by reason of an or established violation of my such laws, regulations, ordinances, rules requirements. Authorivtion. All parries to this conpmt agree that the representatives are, in fact, bona fide and Possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yaw promised delivery dam as noted. Time is ofthe essence. Delivery, and performance most be effected within the time stated on the purchase order and the documents soothed herein. No acts of the Purehasers including, without limitation, acceptance of partial late deliveries, shall operae as a waver of this provision. In the event of ary delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option allowing 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 not reasonably foreseeable which are beyond its reasonable control and without its fault of negl Igence, such acts of God, acts of civil or military authorities, gmsemmental pnomics, fires stakes, food epidemics, wars or most provided that notice of the conditions causing such delay is given to the Puchaser within five (5) days of the lime when the Seller firm received knowledge thereof In the event of my such delay, the dare of delivery shall be extended for the pedmd equal to the time actually Ion by reason of the delay. 3. WARRANTY. The Seller warrants Ihat all goods, articles, nomen.ls and work covered by Nis order will conform with applicable drawings, specifications, samples md/or other descriptions given, will be fit for me purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees in hold the purchaser harmless from any loss damage or expense which the Purchaser may SUPET or incur on account of the Sellers breach of owmem, The Seller shill replace, repair or make good, without cost to the Truffaut, any defmrs or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by me terms .(my applicable wanmry provided by the Seller after the date of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warrenry. Except as otherwise provided in this purchase order, the Sellers liability hereuder shall extend to all damages proximately caused by the breach of my of the foregoing wananues or guarenttts, ben such liability shill in an event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PIIItPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal tomes by wo lien change order. S. CHANGES IN COMMERCIAL TERMS. The Purchosor may make any change at the terms, other then legal terms, including additions in or deletions from are quantities originally ordered in the spowificationer or dmvnng, by verbal or changeorder. If any such change affects the amount due or the dine ofperforrearce hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agrecrovent as, to my or all remove of the goods with not shipped Subject o my equitable adjustment between the parties as to my work or materials then in progress presided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my Scads which are the Sellers standard stock. No such termination shall relieve the Purchaser or me Seller of my of their obligations as to my goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be axvened within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shill have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance, All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm ill 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, transfer, or convey this order, or my monies due or to become due hereunder without the poor winner consent of the other parry. 10. TITLE. The Seller warrants fall, clear and unrestricted tide to due Purchaser for all equipment materials, and items fumishad in performance of this agreement free and clear of my and at liens, restrictions, resemtions, smeary intern encumbrances and claims of anthers. The Seller shall release the Purchaser and its contractors of my tier from all liability and clams of any nature resulting fmm the pMermance clutch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimUoo, offices and employees of such party. The Sellers contractual obligations, including warranty, shall not be do mul or be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 16. PATENTS. Whenever the Seller is required to use any design, device, mammal or process covered by letter, patent trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, mammal or process in connection with the contract, and shall indemnify the Purchaser for my con, expense or damage which it may be obliged to pay by reason of such infringement at my time during the pmttcmtion or now the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to conaritute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and a its opium, either procure for the Purchaser the right to continue using said equipment or pari replace the same with substantially equal but noninfringing equipment or modify it so it becomes ooninfnnging. 15.INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a rexcietT or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, wihom liability. 16. GOVERNING LAW. The definitions of terms used or the inew,wemtion of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Representatiocoo, an the premises of mines. 17 SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk until the same is fully completed and accepted, and shall, cursein of my accident, desmrchom or injury to the work and/or materials before Seller's time completion and acceptance, complete the work at Seller's own expanse and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, urdoad, stare and handle same at the srm and became responsible therefor as though such materials andrar equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, an or, own expense, provide for the payment of workers cormom arm, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mdbr to their dependenw, in socordmce with Ne laws of the scam is which the work is to be done. The Seller shall also cant' comprehensive general liability including, but rot limited to. cunvacawl and automobile public liability insurance with bodily injury and death limits of in least 5300,000 for any one Person, 5500,000 for my one accident and property damage limit Per accident of W00,000. The Seller shill likewise require his contractors, if my. to provide for such compensation and insurance. Before my of the Series or his commwors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate Nat such compensation and insurance have been provided. Such cenificams shall specify the dare when such comminution and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained =a[ after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for my and all damage, loss or injury ornery kind r nature whatsoever to persons or property caused by or resulting from the execution afore work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold ha ndina the Pwchater and my ar all of me Purchasers offefrs, agents and employees from and against any and all claims, Imses, damages. charges or expenses, whether direct or indirect and whether to persons of property to whmh the Purchaser may be put or subject by reaon of my sent, action, neglect amislon or default on the pan of Ne Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shill be brought against the Purchaser, or its officers, agents or employees at my time con account or by reason of my act anion, neglect, omission or default of Ne Seller of ary 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 concourse, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments Nat 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 ar obtained against the property, of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shill take all safety precautions, furnish and instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ill colas and regulations issued position thereto. Revised 07J2014