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HomeMy WebLinkAbout256604 SOUTHWEST FIBERGLASS INC - PURCHASE ORDER - 9141395Fort Collins Date: 03/06/2014 Vendor: 256604 SOUTHWEST FIBERGLASS INC 4798 S JULIAN AVE TUCSON AZ 85714 PURCHASE ORDER PO Number Page 9141395 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/04/2014 Buyer: PAT JOHNSON Note Vendor Information: Southwest Fiberglass L.O.D. - 4/12/2013; po9131956 Line Description Quantity UOM Unit Price Extended Ordered Price 1 6550-8640 complete small oval vault 80 EA 1,146.5500 91,724.00 VAULT, COMPLETE, SMALL OVAL PRIMARY, 3' X 6' WITH QUEEN OLIVE COLOR COVER, UNASSEMBLED, WITHOUT ASSEMBLING HARDWARE, WITH LOCKING HARDWARE INSTALLED, PER SPEC. #366-103 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 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 statute the City afford Collins is exempt from state and local taxes. Our Exemption Number,, H.NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collecmr of Failure of the governor to insist upon a c, performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamtes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a broad, fire acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeen of any of the warramies or obligations of this purchase order and shall at be deemed is waiver of any right of the damage in tmrsiq my be returned to you for credit and are not In be reploced except .,on rweipt of written Purchaser to insist upon strict performance hereof or any oral .,his or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, re to any prior or subsequent default hereunder, nor shall my purposed oral modification or rescission of this parchaw order by the Purchaser operate as a waiver of any of the [anus Inspection. GOODS we subject to the City urged Collins inspection 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. outhoresed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL. Seller and the Purchaser recognize that in actual a is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion oral[ applicable acquired inspection Omers mes, violations are in fact home by the Purchaser. Thercmfore,forr good cause and as consideration for exwming this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be P.O.B., City of ran Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust taws far, such ovuclmrges mlating to the particular goods or services onherwise specifed on this onto,. If in ormint is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be aecepled. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnonfac[amn, have distributing points in various pans of the country, shipment is if the Purchaser drivers the Seller to comet nonconforming or defective goods by a date he be agreed upon by the expected from the nemem distribution point m destiratlon, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwil[ingress to comply, the Purchaser shipments are made from greeter distance may cause the work to be perforated by the most expeditious means available to it, and the Seller shalt pay all casts associated with Stich work. Porous. Seller, shall procure at sellers sole cost all necessary permit, vinfirmes end licenses required by ell applicable laws, regulations, ordinances and tales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly emmim[ed public authority having jurisdiction over the work of vend.,. Seller [other agrees to hold the Ciry of Fart Collins harmless from and again,, all liability and loss arourned by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and rwtdrementa. Authonvdion. All parties to this contract agree that the representatives are, in fact, From fide and posses, full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hear... set forth and any supplementary or additional forms and conditions annexed hereto or incorporated herein by reference. Any additional or dilf oval terms and eondilions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try. cannot makecomplem shipment m amve oa your promised delivery data a, pond I man is of the essence. Delivery and performance must be effected within the time staled 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, the Purcha,,, bar bate, in addition to oilier legal and equitable remedies, the option of placing this order el,ewhee and holding the Seller liable for damages. Howm'eq the Seller shall nor be liable fro, damages as a result of delays due to couses not reasonably foreseeable which are beyond its reamnable eontml and without its fault of negligence, Suds acts of God, acts of civil or military authorities, govem ntrual priorities. Ryes, stakes, flood, cpi loonies, wars or riots provided shot notice of the conditions causing such delay is given t. the Purchaser within five (5) days of the time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery ,hall be extended f r the period equal 10 the time actually ]oat by love. of dhe delay. -3.WARRANTY. The Seller warrants that all goods, movies, materials and work covered by this order will confident 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 standards for wort of a 'milar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warenly. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year ar within such longer period of time as may be prescribed by law or by the time of any applicable worrenry provided by the Seller after the date of acceptance of the goods finished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or detective work done or materials furnished by the Seller. Acceptors, or use of golds by the Purchaser shall not astimte a waiver of any claim under this isavi Except as otherwise provided In this purchase aide, the Sellers liability intention shall extend to all damages proximately caused by the breach of any of tin foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lose of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may ..it, ehauges to legal term, by wraen than,, .,do,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, 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 of performance hens ndeq an equitable adjoslment shall be more 6. TERMINATIONS. ']fie Purchaser may at any time by wnare change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work of materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uacomplend portion of the good and/or work, for incidental or consryuemml damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard Stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim Car adjustment must be asserted within thirty (30) days from the dote the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wa.., that all goods sold harmonic, shall have been produced, sold, delivered and f rmish d in strict ompliance with .11 applicable laws and regulations to which the good 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 ameemems of this shame, are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others The Seller shall release the Purchase, and it, contractors of any tier from all liability and claims of any new. ,exalting from the performance of such 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 of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or eart to be performed by the Purchaser. 14. PATENTS. Whenever the Serious required to use any design, device, material or process covered by 111,11, patent, trademark or copyright, me Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and Shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of Such infnogeme d at any time during the prosecution or after the completion of the work. In case said equipment, or any pad thereof or the intended use of the goods, is in such suit held to constitute infnogemen, and the use of said equipment or pad is enjoined the Seller shall, at its own expense and of its option, either procure for the Purchaser the right to continue using said equipment or pans, replace me same with substantially equal but noninfdnging campus nd, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or maknipt, make an assignment for the benefit of c archon , appoint a receiver or mmme for any of the Sellers property or business, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation critic agreement and the rights of all parties hereunder shall be crammed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofo ors. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers on risk until the same is fully completed and accepted, and shall, in se of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense 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, unlond, store and handle same at me ate and become .expansible therefor as though such moan[, and/or equipment were being famished by the Seller under the radius 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stale in which the work is to be done- The Seller shall also carry comprehensive general liability including, but not limited to, continental and automobile public liability maurwce with bodily injury and death limits of at least $300,000 for arty one person, $500,000 for any e accident and property damage limit per accident of $400,000. The Seller shall likewise require he, contractor, if any, to provide for such compensation and insurance. Before any of the Sellers or his exo nacmrs employees shall do any work upon the premises of others, the Sells, shall furnish the Purchaser with is certificate that such compensation and insurance have been provided. Such calibrates shall specify the date when such compensation and insurance have been provided Such certificates shall Specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imuransc shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hermleas the Purchaser and any cr all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, harges or expertswhether direct or indirect, and whether to personsor property an which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, coy of his contractors, or any of the Slims or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officer, agents or employees at any time on account or by reason of any act, i clirn, neglect, omission or default of the Seller of any of his contractors or any of its or their oftiwrs, agents or employees as aforesaid, the Seller hereby agrees in asmme do defense thereof and to defend the same at me Sellers own expense, to pay any and al I cons, charges, attorneys fees and .the, expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such sums or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Pmchaseq 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 bond or otherwise. The Seller and his contactors shall take all safety precautions, furnish and :recall all guards necessary for Ne 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 all rules and regulations issued pursmrd thereto. Revised 03R010