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HomeMy WebLinkAbout156189 TIGER STEEL INC - PURCHASE ORDER - 9145394Fort Collins Date: 09/18/2014 Vendor: 156189 TIGER STEEL INC 2201 AIRWAY AVE FORT COLLINS CO 80524-2713 PURCHASE ORDER PO Number Page 9145394 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 09/17/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Steel Abutments City Park 1 LOT LS Pedestrian Bridge PER QUOTE DATED SEPTEMBER 15, 2014 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 7,181.00 $7,181.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stain and local taxes. Our Exemption Number is 11. NONWAIVER. co-o45o2. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe term and conditions former, failure or delay to banned Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 breach, the acceptance ofor payment for goods hereunder or approval of the design, shall act release the Seller of Hands Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to deface, of any of rise warranties or obligations of this purchase order and shall not he claimed a waiver of my right of rise damage in humus, may be resumed to you for credit ask see not to be replaced except upon receipt of wrinen purchaser to imist upon strict performance hereof or my of its rights or remedies as to any such goods, regardless instrucfious from the City affair Collins. of when shipped, received or accepted, as to any prior or subaeusent default heecunder, nor shall any pruyorted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of fe terms Inspection. GOODS are subject to the City of Fort 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. - authoriaed payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recagn¢e that in actual economic practice, overcharges resulting fromanriWst eq ACCEPTANCE is dependent upon completion of all applicable ruired e. inspection procedures cadmium are in fact home by the Pun¢haser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Ptacbecer any and all claims it may now lave or nereance Freight Tens¢. Shipments must be F.O.B., City of Fort Collins. 90(1 Wood St, Fort Collins, CO 80522, unless mqubad under friend or sure antitrust laws for such overcharge relating to use particular goad or services otherwise specified on this oMe,. Ifpermission is given to prepay freight and charge separately, the origlvl nought purchased or acquired by the Purchaser pursuant to Nis purchase oNer. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in conow pans of the country, shipment is If the Purloiner directs the Seller to comet nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, Ne Purchaser shipments are made fen. greater distance. may cause the week to be Ex,min ed by the most expeditious means available to it ark the Sella shall pay all coal associated with such work. Permits- Seller shall procure at sellers sole cost all nec¢sary permits, cenificetes and licenses refined by all applicable laws, tegulations, ordinance and mles of me state, municipality, territory or political subdivision where The Seller shall release the Purchaser and its comeamors of any tier form all liability, and claims of any nature the work is performed, or ¢quire) by any her duly constituted public auNoriry having jurvaliction over the work resulting form the performance ofsuch work. of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and less incurred by them by reason of an asserted or established violation of any scab laws, regulations, ordigmer" rules This release shell apply even in the event of fault of negligence of the party whaled and shall extend to the and requirements, directors, officers and employes of such pony. Authorreation. All pasties to this contract agree that the representatives me, in fuel, In. fide arW possess full and The Settees contactual obligations, including wurmnty, shall not he deemed to b, reduced, in my way, bmause complete audeoriry to bid said parties. such work is performed or caused to b, Performed by the Purchaser. LIMITATION OF TERMS. This Purchase Or expressly limits mceptance to the mmw and conditions stand herein set feed and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional a, differem terms and conditions proposed by seller are objected to and barely rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment, to arrive on your pmmiscd delivery data as noted. Time is of the essence. Delivery and performance mull be, effected within the time sated on the purchase occur and the documents attached hereto. No aces of the Purchasers including, without limiation. acceptance of penal late deliveries, shall operate as a waiver orthis provision. In the event of my delay, Ne Purchaser shall have, a addition. .,he, legal and acoustic reemerges. the When of placing Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result ofdelays due to causes not reasonably foremable which are beyond its reasonable neutral ad .,,beat its fault of negligence, such acts of God, acts ofcivil or miliary aaht ie,go,romemnl priorities, fires, strikes, Bak, epidemics, wan or riots pmvided that police ofthe conditions causing such delay is given to the Purchase within five (5) days of the time when the Seller first received knowledge thereof In rate excel of any such delay, the dam ofdelivery shall he extended for the peried equal to the time actually lost by reason of fc delay. 3. WARRANTY. The Seller warrants deal all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, members and/or other descriptions given, will be 0 for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of is .similar nature. The Seller agrees to hold the purchaser hannles from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waerarny. The Sella shall replace, repair or make good, wifnat cost to the purchaser, any defects or faults arising within one (I) year or within such longer paid of time w may he prescribW by law or by the memx ofany applicable wamanry provided by the Seller after the dam of acceptance of the goods f ichd bartender (accmarce not to be immeasurably delayed), mulling firm imperfecl ar defective work done or mmenals famished by the Seller. Acceptance or use of goods by the Purchaser shall not terminate a waiver of my claim under this warranty. E cept as otherwise provided in this purchase mile, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing w'moanties or guarantees, bur such liability shall in no event include loss of prulits or loss of use. NO IMPLIED WARRANTY OR MERCHANT ABILITY OR OF Ell ESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal a. by wnnm change under. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the names, other than legal terms, including additions to or deletions from the clisig lies oigim illy ordered in the specifications or drawings, by seam or written lunge oMe, If any aucb change affects the amount due or the tins of performance hereunder, on equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by wfinen change oNer, nanninom this agreement as m any or all home- of the Rand then not shipped, subject to any equiable djuament between the parties as m any work or materials then in progress provided Nat the Purchases shall not be liable for any claims for anticipated profits on the uncomplad portion of the goods smaller work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are fire Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for djusrment most be reacted within thirty (30) days from the code the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller winnow that all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulariaas on which the Rounds 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 inaugurated in agreements of dus cis meta, are hereby incorporated herein by this reference. The Seller agrees to indemnfy and hold the Purchaser homeless from all costs and damages su ordi by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, resource, or convey this order, or any monies due or to become due hereunder without he Prior wunrn consent of the other parry. 10. TITLE. The Seller warrants full, clear and unecoricted title to the Purchaser for all equipment, materials, and news fomishd in performance of this aReement free And clear of my and all diem, restrictions, reservations, sauriry interest encu.btaracr and claims of.thees. 14. PATENTS. Whenever the Seller is wgread to use any design, device, matered or process covered by letter, parent, trademark r copyright, the Seller shall indemnify and save M1armless the Purchaser from any and at I claims for infringement by reason of the use of such patented design, device, material or proms, in connection with the comeral, and shall indemnify the Purchaser for any cast, expense or damage which;, may to obliged a pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In cast said equipment, or my pan thereof or the intended use of the good, is in such suit held to constimm infringement and the use of said equipment or pan is enjoined, the Seller shall, in its own expense and at its option, either procure for the Purchaser the right to continue using vad camipmen, or pans, replace the same with substmtially equal but nonintringing equipment, or modify it so it becomes noninfneging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of routines, appoint n Pu¢or trustee for any of the Sellers property or business, this order may forthwith be canceled by the hasa without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall panties hereunder shall he construed under and governed by the laws ofthe Suite of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers RepresentativerOl oa the premises of others. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some is fully mmplcred and accepted, ark shall, in rase of my accident destruction or injury an the work maker morons, before Sellers Real complaion ark acceptance, complete Ne work at Sellers own expense and to the sa[isfactim of the Puchssa. When materials and equipment are famished by oNres for humiliation or section by the Seller, the Sella shill receive, unload, store and handle same at the site and become responsible therefor w though such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at has own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or m connection will the work covered by his purchase oNer, and/or to their dependants in mcoNance with the sw5 of Ne ante in witch the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, mntranual and automobile public liability insurance with busily injury and death limits of least b300,00(1 for my cor person, $503.000 for any one accident and property damage Hour per accident of $400.000. The Seller shall likewise quire his contractim, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser will a certificate Nat such compensation and insurance have been presided. Such car; ficams shall specify the dam when such compensation and insurance have ban provided. Such certif<aa stall specify the date when such uninformative. and insurance expires. The Seller agrees Nor such nemperssmion ark insurance shall he maintained until after the entire work is completed and accepted. W. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Ile Seller hereby assumes the entire ms Wnsibiliry and liability for any and all damage, lass or injury ofany kind or ware whatsoever to persons or property caused by in resulting form the execution of Nc work provided for in Nis purchow, order at in connection herewith. The Seller will indemnify and hold harmless flue Parlance and any r all of the Purehasees ifca .agents and employees from ark against any and all claims, losses, damages. charges or expenses, whether threat or indimen, and whether to persons or property to which the Purchaser may he put or subject by reason of any act, action, neglect, emission or default on the per oftbe Seller, any of his comeacons. or any of the Sellers or contractors oRcam. agents or employees. In cone, any suit or argon proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on account or by mrson of any act, action, neglect, omission or default of the Seller of any of his canna ces or any of its or their officers, agents or employees as aforesaid, the Seller hereby agree to assume the defense thereof and to defend the mine at the Sellers own expense, to pay my and all cods, charges, atmmeys fees and other expenses, any ark all judgments chat may he inuned by or obtained against the Purchaser or any of ins or them oMae., agents or amployees in such suiw or oNer proceedings, and in case judgment or oNer them he placed upon or obtained against Ne pmpmy of the Purchaser, or said panics in in w a m eft of such suits or offer 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, Finnish and install all guards wraeamry 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 rates and regulations issued pursuant thereto. Revised WfZ014