HomeMy WebLinkAbout194021 STUART C IRBY CO - PURCHASE ORDER - 9142589Fort Collins
Date: 05/08/2014
Vendor: 194021
STUART C IRBY CO
4720 LIMA ST
DENVER CO 80239
PURCHASE ORDERPO
914258 Number Page
142589 lofz
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: 05/07/2014 Buyer: PAT JOHNSON
Note:
Vendor Information:
Per Spec 373-104
Last Order - 1/10/2013 / P.O. #9131039 (Wesco)
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7006-6857
29' 6" F/G streetlight pole
YARD
45 EA 989.0000 44,505.00
POLE, STREETLIGHT, 29'6", TAPERED FIBERGLASS, 15" BOLT CIRCLE
PER SPEC. 373-104, SERIAL 02, REV.
Shakespeare #AHZ29599S9CB01 1
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 Tennis and Conditions
Page 2 of 2
1. COMMERCIALDETAIIS.
Tax exemptions. By statue the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04503. Federal Excise Tax Exemption Cenifcam of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of be terms and conditions hmrof, fails e m delay to
forward Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26, 114 (a).
exercise any his or remedies provided herein or by law, failure to promptly notify the Seller in the a'em of a
breach, the acceptance efor Payment for grads hereunder or apparent ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to fit. m meet spa factiom, either what shipped or due to defects of
any of the wondrous or obligations of this purclsom order and shall not be deemed a waiver of any right of the
damage in tramp may be command to you for credit and me not to be replaced except upon receipt of written
purchaser to insist upon strict performance hampor any of is rights or readies as m any such goods, regardless
instructions from the City of For Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pumoned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of late teats
Inspection. GOODS are subject se the City of For Call ins impaction on arrival.
hereof.
Farm Acceptance Receipt of be merchandise, services or equipment in response to this order can moult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
wfirmiud payment on Me pan of the City of Tom Collins. However, it is to ha understood Nat FINAL
Seller and the Purchaser recognize Mat in actual tt is practice, overcharges resulting from antitrust
ACCEPTANCE ex dependent upon completion of all applicable acquired inspection� prwedares,
violations we in fact home by the Purchaser. Theretofore, far good muw and as consideration for executing this
purchase oNer, the Sella thereby assigns to the Purchaser any attd all claim, it may now have or hereafter
Freight Teets. Shipments mar be ROB., City of Fan Collins, 700 Wood St, port Collins, CO 80522. We.
acquired under federal or staff it., Imes for such o scharg. relating ,r the particular good or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Pmcha,erpursuant to this purchase, order.
bill most automation, invoice. Additional charges for licking will not ha accepted.
Shipment Distance. NMere manufacturers have distributing points in various pans of the country, shipment is
expected from the nearer distribution perm m Maximums, and excess (night will be deducted from Invoice when
shipments me made from game, dromer.
Permits. Seller shall procure at sellers sole cost all necessary pemni., certificates and licenses required by all
,,hamle laws, regulations, ofi inineas and odes oI the state, municipality, fatitory or political suWivision where
the work is perforated, or required by any other duly constituted public authority havingjunsdiaion ova the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless frvm and against all liability and loss
tied by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ilea
incurred
requirements.
Auforiutim. All parries to this contract agree that the representatives are, in fact, atom fide and possess fill and
complete anthoriry to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to arc ectms and conditions stated
harm sa forth and any supplementary or dditiotal terms and conditions armexd hereto or imorptmared herein by
reference. Any additioml or different erms and conditions prepared by seller we objected to and hereby rejwed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately if you canner make complete shipment to emve on you,
peered delivery data as noted. Time is of the a,mnce. Delivery and Performance must be effected within the time
stated on the purchase oNer and the documents vlaohad herein. No is of the Purchasers imduding, without
Mutation, acceptance of penum late deliveries, Shall operate as a waiver of this provision In the event of any delay,
the Purchaser shall have, in addition to other la,l and eqtriable readies, he option of placing this oNer elsewhere
and holding the Seller liable for damages. I Inwmar, the Sella shall not be liable for damages as a rend, i f delays
due to causes not reasonably foreseeable which are beyond its ..able control and without its fault of negligence,
such acts ofGod, acts ofor,[ or military authorities, gm.a.] priorities, fires, strikes, Most, epidemics, wars or
fiats provided Nat notice of the conditions musing such delay is given to tee Purchtsa within Give, (5) days of the
it. when be Sena fast received knowledge theraf. In the event of any such delay, the date of delivery shall be
extended for the period equal m Me time actually lost by reason of me delay.
3. WARRANTY.
The Sella warrants than all goods, articles, materials and work covered by this order will confoem with applicable
drawings, spttifca ens, mmples awl other descriptions given, will od fit for the purposes intended, and
performed with be highest degree of cam and competence in accordance with accepted standards for work of a
similar nature. The Sella agrees to hold the purchaser harmlem from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. 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 pmod of
time as may be prescribed by law or by the terms of any applicable contrary provided by the Seller alter Me date of
ccepame of the goods famished hereunder (acceptance or be umcawnably delayed), resulting from imperfect
or defective work done or maenals furnished by the Seller. Acceptance or use of good by the Purchaser shall or
comfort, a waiver, of., claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately wood by the breach of any of Me foregoing warranties
or gvvantees, but such liability shall in an event include Inss of profits 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 m legal arms by wnuen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may make any changes to the teats, other than legal terms, including additiondeletions fro.
to or deletiofrom
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any Such
change affect the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, twornme Nis agreement as
to any or all µareas of the
d goothen not shipped, subject to any equitable adjustment between Me portion as to my work or materials Men in
progress provided Mat the Pumlmor shall not be liable for any claims for anticipated profits on Me uncompleted
Evident of the good mWlor work, for incidental or core ,roarmal damages, and Mat no such adjustment be made in
favor of the Seller wind respect to any goods which ere Me Sellers seadaN stock. No such mrmination shall relieve
the Purchaser an Me Seller ofany efthei, obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim fro adjustment must od amend within thirty (30) days from the dam be change or lamination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishd in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such docamrn. as may be required to effec, of evidence compliance. All laws and mgudatlons required m be
incorporated in agreements of this character are hereby incoryommd herein by this reference. The Seller agrees to
indemnify and hold Me Purchaser harmless from all cuss and damages suffered by the Purchaser as a cult of Me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, na.to, .1 convey this order, w any movies due or to become due hereunder account Me
prior written consent of Me other parry,
10. TITLE.
The Seller warrens full, clear and coordinated title to the Purchaser for all equipment, materials, and items fmishd
in pagme ance of this agreement, Bee and clear of any and all liens, reucatio al mountainous, memory rowed
encumbrances end claims of ethers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Il the Purchaser directs the Seller to commit nonconforming or defective good by a doe to be agreed upon by the
Parchment and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work to ha performed by the mow expeditious means available to it, and she Soler shall Pay all
Ins. associated with such work.
The Seller shall .1evae the Purchaser and its contractors of my tier from all liability and claims of any nature
castling from the performance of such work.
This releme shall apply even in the event of fault of neglignce of the parry released and shall extend so the
directors, officers and employees ofsuch party.
The Shcds Wondered obligations, including wartansy, shall not be based to be reduced, in any way, because
such work is per canned or cauaed to ha performed by the Purchaser.
14. PATENTS.
)"emseew the Sella is required muse any design, device, wasterial or process covered by letter, patent, trademark
r copyright, the Seller Shall indemnify and save Formless Me Purchaser firm any and at I claims for infringement
by reason of the uae of such patented design, device, material or process in connection with Me contract, and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such
infringement of any time during the prosttmion or ether the completion of the work. In case mid equipment, or
any pan thereof or the intended use of the goad, is in such suit held Ir constitute infringement and the use of
said equipment or part is crammed, the Seller shall, at its own expense and at its option, either procum for the
Purchase, the right to continue in, said equipment or pans, replace the mine with substantially equal but
naninfringing equipment, or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If be Seller shall become Insolvent or brMcraw. make an acsi®unens for the benefit of creditors, appoint e
mciva or trustee fro any of Me Sellers property or business, this order my forthwith be canceled by Me
rc Puhaser without liability.
16. GOVERNING LAW.
The def niliom of it. used or the nutritionists of fc v,a.., ad Me rights oral ponies barometer shall be
consumed under end govormd by the laws of Mc State whiolorado, USA.
The following Additional Conditions apply only in cases where Me Seller is to perform work hereunder.
including the services of Sellerspree Resculdni (s), on the promises i fothers.
IZ SELLERS RESPONSIBILITY.
The Seller shall cony an said wol, at Seller own risk on be same is fully completed end accepted, and shall,
in case of any accident, destruction or injury to the work antpor materials before Sefices f I completion and
acceptance, complete Me work at Selleh own expense and to Me satisfaction of the Purchaser. Wren materials
and equipment ere finished by others for instillation of amnion by Me Sella, be Seller shall receive, aalmd,
,lore and handle now al 0e site and became responsible therefor as Clough such materials .Nor equipment
Bert being fumishd by the Sella under Me order.
18. INSURANCE
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease beef., to its employees employed on Or in connection with the work covered by this purchase order,
anNoe to Men dependents in accordance with the laws of the state in which me work is to be done The Sena
shall also carry comprehensive general liability including, but not limited to, contmcnul and automobile public
liability insurance with bdily injury and death limits of at least 5300,IX(1 for any one person. 8500.0 0 for any
site accident and property damage limit per accident of S4 othis) The Seller shall likewise require his
contractors, if any, to provide for such compensation and in e. Before any .(the Sellers or his contractors
employees shall be any work upon the premises of others, the Seller shall banish the Purchaser with a cenificate
Nat such com,somation and incourance have been provided. Such cenificate shall specify, the date when such
compensation and insurance have ban provided. Such onifimtes shall specify Me date when such compemmion
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and meowed.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby aesnme be attire responsibility and liability far any and all damage, loss or injury of any kind
r mere whatsoever W pessons or property caused by or resulting from Me execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will iMemaify and hold bamdess the Pmchuer and any
r all of the Purchasers offirm, agents and employees 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 put or subject by reason of my act, action, capital, omission or default on Me pan of the Sella, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Me defense thereof and to
defend the tome at the Sellers own expense, to Pay any end all cards, charges, i nomeys fees and other exposes,
any and all judgments that may be incurred by or obtained against tee Pmchasa or any of its at their affords,
agars or employees in such suit or other proceedings, and in case judgment or other lien be plaid upon or
obtained against the property ofoe Purchaser, or mid panic in or as a mull ofsuch suits or other paadWgs,
Him Sella will at ono cruse the now m be, dissolved and discharged by giving hand or otherwise. The Sella and
his comrsaors shall take all safety preactions. furnish most iutill all guard na., for tee Intervention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, Me
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03R010