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HomeMy WebLinkAbout194021 STUART C IRBY CO - PURCHASE ORDER - 9145396Fort Collins Date: 09/18/2014 Vendor: 194021 STUART C IRBY CO 4720 LIMA ST DENVER CO 80239 PURCHASE ORDER PO Number Page 9145396 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: 09/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 35' street light pole, fibergl 80 EA 792.0000 63,360.00 70066860 70066860 YARD POLE, STREETLIGHT, 35', DIRECT BURIED, TAPERED FIBERGLASS, FOR USE WITH ALUMINUM MAST ARM, PER SPEC. NO. 373-104, REV. POLE ONLY Note to Shipper: 24 - 48 hour Notification to: Dan Hofeling - 970-221-6389 OR -970-221-6709 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@fogov.wrn Total 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 1. COMMERCIAL DETAILS. Tax exemptions. By smmn, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-0 502. Fdem1 Excise Tax Exemption Cenificam of Registry, 84-6000587 is registered with the C011edm of Internal Rrvenue, Omver, Colorado (Ref. Calmest Revised Switches 1923. Chapter 39-26,114 (a). Goods Rejes ed. GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of damage in transit, may be rearmed to you for credit and are not to be replaced except upon receipt of written iarmctions from the City of Pon Collins. Inspection. GOODS are subject to the City of Fort Collim inspection on artival. Final Acceptance. Receipt of the merchandise, servica, or equipment in response to this order con result in th authorized payment on e pan of the City of Fart Collins. However, it a to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Tomes. Shipments taus, be P.O.B., City of Fan Collins, 900 Wood St, Fiat Collins, CO 80522, unless Otherwise specified oa this order. If permission is given as prepay freight and charge separately, the original freight bill mast accompany invoice. Additional charges for packing will von be accepted. Shipment Distance. Where manufaernnrers have distributing poims in vurfice, parts of the country, shipment is expected from the nearest dismbution point to destiwti es, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Pemba. Seller shall procure at sellers sale cost all necessary permits, certificates and licaury required by all applicable laws, regulations, automates and mars of the state, municipality, territory or political subdivision where the work is performed or rtquiml by any other duly mmtimted public randomly havingjunsdiction over the work of vendor. Sella further apses to hold the City of Fort Collins harmless fmm and against all liability and loss inemrd by them by reason of an asserted or established violation of any such laps, regulations, ordimnces, mores and requirements. Authorization. All parties as this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said games, LIMITATION OF TERMS. This Purchase Order eapossly hinvs acceptance to the terms ant conditions what hacin set font and any supplementary or addidorul tents and conditions annexed hereto or incopomted heroin by reference. Any additional or di@rent terms and cordirom proposed by seller are objected to and hereby rejeetd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be cff'cctd within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of,emial late deliveries, shall operate as a waiver of this provision. In the evens of any delay. the Purthaur shall have, in addition to order legal read equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shill trot be liable for damages m a moult of delays due to causes nor reasonably foresnable which me beyond its reasonable control and without its fault of negligence, such acts of Cost, acts of civil or military nurhonties, governmental families, fires, strikes. Batd, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Sella warrants that all goads, anicles, rmtmab and wok covered by this order will con( with applicable drawings, s,scifications, 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 for work of a similar nature. The Sella agora to hold the purchaser hannleas from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall miller, repair or make good, without cost to the purchaser, any defers or faults arising within one (1) year or within such longer period of fine w may be prescribed by law or by the terms ofmy applicable welcome, presided by the Seller after, the date of tremens of the good famished heraander (acceptance nor to be unreawoably delayed), resulting fmm imperial or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by rise breach of any of the foregoing warranties or guamnmes, but such liabil fly shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by women change order. 5-CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the from, other than legal terms, including additions to or deletions from me quantities originally ordered in the specifications or drawings, by verbal or women change nher. If any such change offer. the amoum due or flat time oflrcrfcrnmewc herewder, as equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser, may at any time by women change order, m.m this agreement as to any or all lamas, of 'he goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims Ili, anticipated profits oa the uncompleted portion of the good andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which am the Sellers surround stock. No such Rumination shall relieve the Puadesser or the Seller afmw of their ubli,oriam as to any goods delivered heeunda. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder And have been produced, sold delivered and famished in sand compliance with all applicable laws ant remlativas in which the good are subject. The Sella Shull execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations captured to be incorporated in .,reamers of this chonmer are hereby incorporated herein by this reference. The Seller agues to indemnify and hold the Purchaser hamdas from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry stall assign, transfer, or convey this order, or any monies due or to become due hecewder without the prior wrimen consent ofthe other perm. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for al I equipment, materials, and items fumfshed in performance of this agreement free and dear of any and all liens, restrictions, reservations, security inmarst encumbrances and claims e f mhers. II. NONWAIVER. Failure of the Purchaser ro insist upon strict performance of the terms and conditions hereof, failure or delay to exercise ivy rights or remdies provided herein or by law, failure to promptly modify the Sella in the event of a breach. the acceptance of., payment for goods hearm der or approval ofthe daipn, shall nod release the Sella of any of the warranties or obligations of this purchase order and shall act be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as fe, any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any unpoved oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella red the Purchaser recognize that in actual ecomomic practice muscromf resulting from it., violations are in bar home by the Purchases Theretofore, for good taus, and as comidersoms for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or wile antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lithe Purchaser directs the Seller to coned nonconforming or defatise goods by a date to be agreed upon by the Purchase, and the Sella, and the Seller therwfler indicates its inability m unwillingness to comply, tbe Purchaser may cause the work to be performed by the most expablions maim mailable to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any namm resulting from the performance ofsuch work. This release shall apply even in the at, of fault of negligence of the of released and shall extent m the directors, oMet. and employees ofsuch pang. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such wok is performed or caused to be perfumed by the Purchaser. 14. PATENTS. Whena'a the Sella is required to use any design, device, coaled.[ or process covered by fares, poem, tradaoark or copyahr, the Seller shall indemnify and save hremlim the Purchaser( any and all claims for infenmernau by reason of the we 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 infringement at any time during the prosecution or aller the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the one Of said equipment or yn is enjoined, the Seller shall, at its own expense ant at is option, either prime for the Purchaser the d hl to rontmue taing said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noniafringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definition ofmrrns used or the interpretation ofthe agreement and We rights of all parties bemunder shall be conso ed under and governed by the laws of the Safe ofCoaemdo, USA. The following Additional Conditions apply only in cures where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofodam, 19. SELLERS RESPONSIBILITY. The Seller shift tarty on said work at Sellers own risk until the same is fully completed said accepted, and shall, in case of any maddcm, daermian or injury to the work and/or no erials before Sellers final completion and acceptance, complete the woes, at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are finished by others for installation or erection by the Seller, the Seller shall receive, unload, some and handle same at the site and became responsible therefor as though such marmots and/or equipment were being fumishd by the Seller under the order. I&INSURANCE. The Seller shall, at his awn expense, proure for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, madon to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, be, not hadmot to, comrmtual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one peon, 8500." for any one accident and property damage limit per accident of S400,00). The Seller shall likewise require his contmcrots, if any, to provide for such compensation and insurance. Before any of are Sellers or his contractors employees shall do any work upon the premiss of orders, the Seller shall famish the Purchaser with a awfiwm that such compensations ace announce have been provided. Such cenificata shall specify, the date when such compensation and insurance have been provided. Such cenifema shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and announce shall be undi and until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella baby assumes the smart responsibility and liability for any and all damage. Ins or injury of any kind vmre whows su r to prom or progeny wmd by or rauldin, from the execution myth, work pmvid d fro in this purchase order or in connection herewith. The Seller will indemnify and hold hmard. 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 fndirecq and whether to persons or property to which the Purchaser may be put or subject by Rason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oRttrs, agents or employees. In case any suit or offer proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any xt server, nurat, omission or default of rate Sella of any of his rontracmrs many of its or Rick officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense herof and to defend the some.1 he Sellers awn expeow to pay any and all cuss, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or theh officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the propary of the Purchaser, or said parties in or as a mcull of such suits or other proceedings, the Seller will at once ame, the same to be diswlvd and discharged by giving bond or otherwise. The Seller and his ...a.. shell take OR safety precaurons, finish and hsta11 all good necessary fro the Intervention of accidents, comply with all laws and camlmiom with regard in safety mcludiag, but without Initiation, the Occupational Safety and Health Act of 1990 and all rules and regulations issued pmsuanl thereto. Revised 027014