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HomeMy WebLinkAbout194021 STUART C IRBY CO - PURCHASE ORDER - 9143810Fort Collins Date: 07/08/2014 Vendor: 194021 STUART C IRBY CO 4720 LIMA ST DENVER CO 80239 PURCHASE ORDER PO Number Page 9143810 tof2 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: 07/07/2014 Buyer: PAT JOHNSON Note: Please schedule 2 shipments 6 weeks apart. Line Description Quantity UOM Unit Price Extended Ordered Price 6555-7937 3 abreast 5" base spacer 65557937 09D1 SPACER, 5", PLASTIC, BASE, THREE ABREAST, 2" SPACING FORMER, MB5A3-2030; 2 6555-7943 3 abreast 5" module spacer 65557943 09E1 3000 EA 5.4700 16,410.00 6000 EA 5.4700 32,820.00 SPACER, 5" PLASTIC, MODULE, THREE ABREAST, 2" SPACING FORMEX, M5A3-2020; - 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 'YS��rIcPx�b7 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-60005O is re,urced with the Collwa r of Internal Revenue, Dinner, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 po' Goads Rejected. GOODS REFLECTED due to failure w men specifications, either when shipped or due to defects of damage in nand ,may be trimmed a }a r for credit and are not an be replaced except upon receipt of women instructions fmm the City of Fen Callim. Inspection. GOODS are subduer to the Cory of Fon Collins inspection on annual. Final Acceptance. Receipt of the merchandise, script, or equipment in response to this ardor c rsalt in madarimd payment oa the an of the City of Fall Collins. However, It is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teats. Shipments must be F.OD.. City of Fort Collins, 700 Wood Sf, Fort Collins, CO 80522, unless mherise specified on this order. If permission is given to prepay freight and charge "emtely, the original freight hill mum accnmesnv msplce Additional eharees for andme will nor be, acttoted. Shipment Distance, ll manufacturers have distributing points in volumes Items of the country, shipment is expects fresh the nearest distribution point in destitution, and excess freight will Is, deducted Gom Invoice when shipments are made from greater distance. Permits. Seller shall procure of sellers sole cost sell necessary pe rrits, tt ficalls and licenses required by all applicable laws, regulations, nnlinances and mi. of the note, municipality, territory Or political subdivision where the work is performed or required by any other duly constituted public authority having jundiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an nssmed or esablishd violation of any such laws, regulations, indications, miles and requirements. Asula rication. All panic to this contract agree that the reprewripubes are, is fact, bow file and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terns and conchniom stated herein at forth and any supplementary or additional turns and conditions annexed hereto or incorporated herein by reference. Any additional or dilution tents and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essentt. Delivery and performance must b, effected within the time sated on the purchase order and the documents attached limmi No ruts of the Purchasers includin& without limitation, azttpance of partial late deliveries, shall operate ns a waiver of this prosuion. In the went of any delay, the Purchaser shall have, in addition to other owe end the Seller remedies, the option of placing Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays tine to causes not .1,owroamblyof,wi freseeable which are beyond gover its reasonable cancel tend without its faultof emnegligence, such actsid Cod,antsofcivilhe military authorities,govepllayis given to Tresstrikes, flood, epidemics,wan or note when the that notice of e the conditions causing such delay is given to the h delay. t within five delivery days trip, time when the Seller den eaceived time wage thereof. In the event orally such delay, the date of delivery shall be exrenda for the Pend equal to the time actually lost by rtawn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and won covered by this order will moment with applicable drawings, specificaions, samples wagon other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted standards for work of a similar wire. The Schur agrees as hold the purchase r harmless to.. 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 defets or faults alising within one (1) year or within such longer pound of time as may be presenbd by law or by the memo of any applicable wourrdny provided by the Seller after the date of eccepanm of the goods fumkhd hereunder (acceptance not to be umeamwbly delayed), resulting from imperfect or deleop, wmrk dmme or mmerials famished by rhr Seller. Acceptance or use of goods by the Purchaser shall or onstiote a waiver of any claim under Nis warreny. Except as merwiu provided m this purchase order, the Sellers liability hereunder shall extend to ell damages pusimpatily caused by the breach of any of the foregoing wareamiw or gwmnaes, but such liability shot[ in no event include loss ofpmfis or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TE RMS. The Purchaser may make changes a legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the antes, other than legal terms, including additions to m deletions fmm the gnomities originally rNertd in the spco ific ltims or drawings, by veNal or m.— change order. If any such change effects the amount due or the time of performooce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Promisor ,cry al any rime by woman change order, terminate this agreement as to any or all onions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or modwials then in Limpness provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion tribe good and/or work, for incidenal or consequential damages, and rho, no such adjtrstment be made in favor of rim Seller with unspent to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller Orion, of their obligations m to any goods delivered hefeunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) don from the dare the change On immolation is ordered. 8. COMPLIANCE WI1'11 LAW, The Seller warmers that all goods said hereunde, shall have been produced, sold delivered and fiando a in strict compliance with all applicable laws and regulations to which the gawk are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence complimtce. All laws and regulations acquired to be, 'ncoryom,ed in agreements of this chromate, are hereby incorporated herein by his reference. The Seller agrees to indemnify and hold the Purchaser Implies, fmm all now and damages suffered by Ore Purchaser ss a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnsfm or convey this order, or any monies due or to became due hereunder without the prior wdren consent of he other all. 10. TITLE. The Seller wamans full, clear and umesaicud title to the Purchaser for all equipment aaurials, and items Ravished in ped'onwme of this e,reca L fee and oleo of any and all liens, mtrictiom, reservations, secunry barred encumbrances and claims produces. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the teats and conditions hereof, failure or delay to exercise any rights or remedies pounded herein or by law, failure to Promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be, deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any Perot or subsequent default hereunder, nor shall any purpaned am[ modification or rescission of this purchase order by the PurcM1aser operate as a waiver of any of the Icons hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual e o re practice, overcharges resulting from tloust violations are in far, home by the Purchaser. Theretofore forangood cause unit as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now Lowe Or hereafter acquired under federal or sate antitrust laws for such overcharges palming to the particular goods or services purchased or acquired by the Purchaser pursuant to this putchau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller or copact rmrearchrming or detective goads by a rime to be agreed upon by the Purchaser and the Seller, and file Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious memo mailable On it, and the Seller shall pay all cows associamJ with such work. The Seller shall release the Purchaser and its a tractors of any net from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the went of fault of negligence of the party released and shall emend m the dirmmrs, officers and rplployee, MI'mab prey. The Sellers contractual obligations, including warranty, shall not be decrd to be (diced, in any way, because such work, is Performed or rased to he perf small 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 indemnify and save harmless the Powlexer from any and all claims for infringement by reason of the use of such patented design• device, mom d or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may M obliged to pay by reason of such infringement at any rime during the pmucmion or after the completion of the work. In once said cquipmmL or any part thereof or the intended use of the good, is in such suit held Or constiote infnngrnrcnr and the use of said equipment or pan is enjoined, the Seller shall, at its own ea,. and at its option, either procure for the Purchaser the right to common, using said equipment or puts, r,I., the same with substantially equal but naninfringing equipment, or codify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or hankrvps make an assignment for the benefit of creditors, appoint a receiver or anstee for my of the Sellers pool or business, this order may forthwith be canceled by the Purchaser without liability. 16-GOVERNING LAW. The definitions ofampas used or the interprearioo ofthe ape,ment and she rights of all panics hereunder shall be communal under said governed by file laws of the Share ofColoade, USA The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represcnative(s), on the prtmmises of amen. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the some is fully completed and accepted, and shall, in case of any Overpaid, desuuction or injory to the work and/or mammals before Sellers final completion and acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchaser. Wher materials and cq.i,.t are Burnished] by others for imallatio r or erection by the Seller, $e Seller shall receive, unload, sore and handle some in the site and become responsible therefor as though such materials and/or equipment were being burnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupallowl disease benefice, to its 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 stare in which the nmk is to be done. The Seller shall also carry comprehensive general liability including, but not limited W. co plic(wl and automobile public liability insurance with bodily injury al death limits of at leas, S300,000 for any one person. S500,000 for any care accident and property damage limit per accident of S400,000. The Seller shall likewise require his conamemps. if any, to provide far such communication and insurance, Before any of the Sellers or his contractors employees shall du any work upon the premises of orders, Ne Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ceni0emes shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and in eepipas. The Seller agrees that such compensation and insurance shall be maintained until ruler the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibiliry and liability for eery and all damage, loss m injury of any kind or wore whatmever to persons or peppery canted by or resulting from the execution ofrbc work pmvided for in this purchase order or in rose ction herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether an persons Or propetry to which the Purchaser may be at or subject by reason of any act, action, neglect, Omission or default on the pan of the Seller, any of his comments, or any of the Sellers or contractors officers, agents .1 employees. In care any suit or order procamm, shall be brought against the Purchaser, or to of, m, agents or employees an any time on azcoum or by reason of any act, up on, re darl, omission or default of the Seller of any of his contractors or any of its or then offic., agents or employees as aforesaid, the Seller hereby agrees to assume the defame themsf and an defend the same m the Sellers own expense. to coy any sad all cost, clmrgw, attorneys fines and other expenses, any and all judgment, that may be, incurred by or obained agpi= the Purchasm of any of its or their officers, agms or employees on such suits or other proceedings, and in mu judgment or other Lim be, plaza upon or obtained against the property of the Purchaser, or said parties in or in 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 contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safely including, but without limitation, Ne Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Resised 03rz010