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HomeMy WebLinkAbout103123 SLAYBAUGH THOMPSON CO INC - PURCHASE ORDER - 9111326City of art Collins Date: 03/02/2011 PURCHASE ORDER Vendor: 103123 SLAYBAUGH THOMPSON CO INC 4890 VAN GORDON ST UNIT 103 WHEAT RIDGE Colorado 80033 PO Number Page 9111326 left This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/02/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6709-1152 3 position streetlight conn 06D3 300 EA 18.7000 5,610.00 CONNECTOR, 3 POSITION SUBMERSIBLE, #14 -#1/0 AWG, 2 CONNECTIONS ON ONE SIDE AND 1 ON THE OPPOSITE SIDE, FOR USE IN STREETLIGHTING APPLICATIONS. HOMAC, RAB 1/0-21; C3. Oi'les2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 $5,610.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 L COMh1ERCIAL DETAILS. Tax exemptions. By statute the City of Fort Call ins is exempt room state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Sultanas 1973. Chapter 39-26. 114 (a). (Tariffs Rejected. GOODS RFJECTED due to failure to meet specifications, cithv when shipped or doe to defects of damage in transit, may he rearmed to you for credit and arc not to be replaced except upon receipt of wrinen instructions fmm the City of Pon Collins. Inspection. GOODS am.subjcet to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tams and conditions here.( failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event oft breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of tiny of the wamnlics or obligmions of phis purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hcun for any of its right or remedies as to any such good, regardless of when shipped, received or accepted. as to any prior or subsequent default hereunder, nut shall any purported aral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms hereof. Final Acceptance Reccipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. Hown-cr. it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form unionist ACCEPTANCE is dependent upon completion.fall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herea0cr Freight Tcros. Shipments must be F.O.H., City of ran Collins, 700 Wad St_ Fort Collins. CO 80522, unless xcgairel under federal or state antitrust laws for such overcharges relating to the particular grinds or services otherwise specified on thk order. If pemucsmn is gi%cn to prepay freight and charge separately. the original freight purchased or required by the Purchaser pursuant in this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made form greater distance. Pcmita. Seller shall pmcurc at sellers sole cast all necessary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and pules critic state, municipality. territory, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fall Collins harmless From and against all liability and Iris, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances .des 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 said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated bercin by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised dclivcry date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Parchuscrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of dclnys due to causes no: reasonably forescable which arc beyond its reasonable control and without its fault ofnegligence. such acts FGM. act ofewil or military authorities governmental priorities, fires, strikes Rood. epidemics. wars or tints provided that notice of the conditions causing such delay is given in the Purchaser within fire (5) days of the time when the Seller first received knowledge thereof. In the event crony such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, xnicics, materials and mark covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard far work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of w'amnty. The Seller shall replace, repair of make gad, withont cost to the purchaser. nny defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the mats firmly applicable mammy pmvidcd by the Seller net the date of acceptance of the good famished hereunder (acceptance mat to be unreasonably delayed), resulting from inmperfeet or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver crony claim under this womanly, Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages pmximaucly caused by the breach crony of the foregoing ..film' ar gueratnec,. but such liability shall in no event include loss of profits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change mdcr. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount title or the time of pcdormana hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, teminxte this agreement as to any or all portions of the goods then not shipped, subject a nny equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall net he liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any gonds which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller from, oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be festered within thirty (30) days fmm the date the change or nomination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documens as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamkss front all casts and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such how. 9. ASSIGNMENT. Neither party shall assign. transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cost, .,%%.aimed with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performance of such work. 'Phis release shall apply even in the event of fault of negligence of the pane released and shall extend to the dircctnrs, offccts and employees of such party. The Seller's contraciuol obligations. including w:mmrty, shall not be decried to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indcmni fy and save harmless the Purchaser from any and all claims for infringcmcnt by reason of the use of such premed design, device, material or process in connection with the contract and shall indemnify the Purchaser for nny cost expense 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 ease said equipment, or .any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. al its own expense and at its option, either procure for the Puehaser the right to continue using said equipment or pans. replace the same with substantially equal but naninfringing equipment or malify it so it becomes noninfringing_ 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver of tpunce for any of the Scllcrs pmpcny or hasincss, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, oftemu used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consumer aide, and governed by the laws ofthe Sete of Colorado. USA. The following Additional Conditions apply only in cases %%here the Seller is to perform stork hereunder. including the services of Scllcrs Represcntativc(s). on the premises nfothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on slid work it Scllch own risk until the same is fully completed and accepted and shall, in ass of any accident dc9metion or injury to the work and/or materials before Seller's final completion and ,acceptance, complete the walk at Seller's own expense ,aad to the satisfaction of the Purchaser. When materials ,and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being finished by the Seller under the ruder. 19. INSURANCE The Seller shall. at his own expense, provide for the payment of workers compensation. including occupational disease benefits, to its cntployccs employed on or in connection with the work covered by this purchase order, and/or to their dcpcndcm, in accordance with the laws of the state in which the .,it is to be done. The Scllcr shall also carry comprchcnsivo gnernl liability including, but not limited to, contractual and retamobile public liability instance with bodily injury and dcmh limits of at least S300,000 for any one person. S500,000 for any nnc accident and pmperry damage limit per accident of S400.000. The Seller shall likewise require his contractors, if nny, to provide for such compensation and insurnnec. Before any of the Sellers or his contractors cnrpinyccs'bull do any work upon the premises of others, the Seller shall fimtish the Purchaser with a certificate that such compensalnl and insurance have been pmvidcd. Such cer ifiates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dote when such compensation and insurance expires. T'he Scllcr agrees that such compensation and insurance ,hail be maineined until after the entire wark is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby assumes the entire responsibility and liability for any and ail damage, loss or injury ofany kind or nature wbalsmver to person or property caused by of resulting from the execution ofthc work pmvidcd for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Parehaser and any or all of the Purchasers affects. agents and employees fmm 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 pot or subject by reason of any act, action, neglect. omission or default an the pan of the Seller, any fit his contractors, or any of the Scllcts or contractors ofliccis, agents or employees. In case any suit or other pmcccdings shall be brought against the Purchaser, or its offcem. agents ar employees at any time on account or by reason array act, action, neglect, omission or default of the Seller of any of his contractors of any of its or their offccn, agents or employees as aforesaid. the Seller hcrcby agrees to assume the defense thereof and to defend the .same at the Sellers own expense. to ryry any and all costs, charges, fr omeys fees and other expenses, any and all judgment that may be incurred by or obtained again) the Purchaser or any of it or their offeers, agents or employees in such stir or other pmcccdings and in case judgment or other lien be placed upon or obtained against the pmpcty of the Purchaser, or said panics in or as a result of such suits fortifier proceedings. the Scllcr will at once Cause Ihe,ame to be dissolved and disehmgcd by giving bond or othcm'ise. The Seller and his contractor, ,hall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Ocmipationzl Safety and Health Act of 1070 and all rules and regulations issued permant thereto. Revised 0312010