HomeMy WebLinkAbout103123 SLAYBAUGH-THOMPSON CO INC - PURCHASE ORDER - 9145392Fort Collins
Date: 09/19/2014
PURCHASE ORDER
Vendor: 103123
SLAYBAUGH-THOMPSON CO INC
8419 AMES ST
ARVADA CO 80003
PO Number Page
9145392 1o12
This number must appear
on all invoices, packing
slips 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
1 6990-8823 400 EA 30.0800 12,032.00
35" transformer supports
YARD
TRANSFORMER SUPPORTS, FOR VAULT, FACTORY CUT, 35" LONG, FIBERGLASS REINFORCED VINYL
ESTER OR POLYESTER RESIN,
2" X 2" X 1/4" SQUARE TUBING
STRONGWELL, EXTREN 500;
UNISTRUT, 18V-3610-35;
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
$1
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 $Limte the City of Fort Collins at exempt from state and local fears. Our Exemption Number is
11. NONWAIVER.
Failure of the Indiana to insie upon strict performance of the lams and candidate hereof. failure or delay to
9g4a502. Federal Excise Tax Exemption Certificate of Registry, gel-6000587 is registered with the Collector of
late—[ Revenue, Denver Colorado fief Colorado Revised Surows 1973. Chapter 39-26. 114 (a).
excrem any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a
breach, the acceptance ofo, payment for maids hereunder or approval of the design, shall not ,alcove the Seller of
Good Refined GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
my of the wananties or obligations of this purchase order aM shell not he dremcd a waiver of try right of the
damage in ransit, may W removed h, you for credit and are not to be replaced except upon receipt of carmen
purchaser to ism, upon strict pert maker any ofits rights or remedies as m any such goods, regardless
instructions fiom the City of Fon Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser cinema, as a waiver of any of the harms
Impectim. GOODS ere subject to the City of I. Collins inspection on enrol.
hereof.
Final Addictive. Receipt of the merchandise, atolls or equipmcan ,ent in response to this oNer each in
12. ASSIGNMENT 017 ANTITRUST CLAIMS.
outhedaed payment an me pan of the Curve of Fort Carina. However, it is to be understood thatFINAL
Seller and the Purchaser recognize that in recall economic practice, overcharges resulting farm antitrust
ACCEPTANCE is dependent upon.,Inc. of all applicable mryirtd inspection procedures.
vi arieas am in fact Iame by the Pommucr. TheMoOre, for good cars end as consideradon for executing this
purchase order, the Sella hereby assigns to me Parched, any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Too Callus, 700 Wood St, Fort Collins, CO 50522, unless
acquird senile, federal or state antitrust laws for such overcharges relating le the particular goods or services
otherwise specified an this order If formouea is given to prep y freight and charge separately, the original freight
purchased or acquired by me Persona pursmnt to this purehese order.
hill mum a ormanc nv income. Additional chamm for parking, will not be aecenaed.
Shipment Distance. Where manufacturers have distributing paints in sameres pans of the country, shipment is
expected from the tearer distribution point to destiratlm, and excess freight will be deducted tram Invoice when
shipments are made tram greater distame.
remain. Seller shall prover, at sellers sale con all necessary pvrus, certificates and licenses required by all
applicable laws, regulators, oNiaances and roles of the state, muvicipaliry, reNtory or political subdivision where
the work is Federated, or requited by any other duly dominated public authority having jurisdiction over the work
of vendor. Seller lumber agrees to hold the City of Fall Collins harmless from and against all liability and lass
incurred by them by reason of an asserted car established violation of any such laws, regulations, oNiaromes, rules
and mluirements.
Amhoriocriom. All pnies ro this comracl agree that the renrmentaeves are, in Oct. bona tide and passes, fall and
complete authority to bind said pities.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions sated
herein set flub and any supplementary or additional mina and conditions annexed hereto or incorporated herein by
reference. Any additional or ditTereat arts and conditions proposed by seller arc objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery life as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the pmchas oNer and the documents attached harem. No arts of the Pmchmcrs including, without
Ica m er, arentowe of psm al Ire &Iiveia, shall opens as a waiver of this provision. In the mair army delay,
the Purchase, shall have, in vdan m Io .,her legal and equitable remedies, the option of placing this order elsewhere
and holding the Set kr liable far damages. However. Ire Seller shall not be liable for damages as a result of delays
due to causes not reassembly foreseeable which are bryond its reamrable sa aril and without its fault of negligence,
such cols fGail, etc¢ i f civil or military authorities, governmental priorities, fires, strikes, road, epidemics, wars a,
viols provided that notice of the conditions causing mch delay is given m the Purchaser within five (5) days of the
time when the Seller first received knowledge ,hereof In the event army such delay, the Jere of delivery shall m
extended for the period equal to the time ecnuily last by reason offhe delay.
3. WARRANTY.
The Sella wmrma that all goads, amides, mareials and work covered by this order will conform with applicable
drawings, spa cificaria r, samples vhNor edger descriptions given, will m fit far the purposes intended, and
performed with the highest degree of care and competence in accordance with cleared standards for work of a
'rm. rom e. The Seller agrees to hold the purchaser hmmlms from any loss, damage or replace which the
Pmchmer may suRer en imm on account of the Sellers breach of warrmry. The Sella shall replace, repair or make
good without cost to the purchaser, any der" or faults wising within one (1) year m within such longer period of
time as may be prescribed by law or by the terms of any applicable wammry provided by the Seller aver the date of
acceptance of me goad famished hereunder (a rx rice not to be nummeambly delayed), adding from imperfect
or defective work done or mateials famished by the Seller. Acceptance or arse of goods by the Purchaser shall not
consulate a waiver of my claim under this anaanty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the fore&oing wrommirs
or gnamnaes, but such liability shall in no event include loss 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 to legal coma by wane, change order.
5. CHANGES B4 COMMERCIAL TERMS.
The Purchaser may make any changes to the meats, other than legal terns, including additions to or deletions farm
the gomti,i,, oiginally raddro in me specifications or drew,.,, by verbal or wiinen change order. If any such
change affects the amount due or the lime of prfoammce hereunder, m equnable adjustment shall he made.
6. TERMINATIONS.
The Purchased may at any time by winen change order, terminate this agreement as to any or all paions of the
good then not shipped, subject to any ryuitable adjustment between the pnies as to any work or materials then in
progress provided that the Purchaser hall not be liable for any claims for anticipated parts on the uncompleted
portion of the goad msVor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with respect to any goods which ere the Sellers standard stack. No such termination shall relieve
the Purchaser or the Sella of any oftheir obligations as many good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within fairly (30) days from the date the change or inchworm is
raNered.
I. COMPLIANCE WITH LAW.
The Sella wammm the all goods sold hereunder shall have been produced sofd delivered and famished in area
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute end
deliver such documents m may be required to clad or evidence compliance. All laws and regulation rearm, l ro be
incorporated as agreements of this character are hereby masperared herein by this reference. The Seller agrees to
indemnify and hold the Pumhma bmmless from all ems and damages suffered by me purcoaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall cosign, monsfem or convey this order, or any monies due or to became due hereunder without me
prior warren cement of the other party.
10. TITLE.
The Seller warrants full, clear and ummuicled tide to the Purchaser for all equipment, materials, and items fomished
n performaace of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of amens.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller changer indicates its irabilay or unwillingness to comply, the Palomar
may wive the work to be performed by the most expeditious means available to it, and the Seller shell pay all
casts associated with such work.
IN, Seller shall release the Purchaser and its contractors of any fie, farm all liability and claims of lay comae
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch party.
The Seller's contractual obligations, including warranty, shall not be deemed to bordered, in any way, because
such work is performed or rained ra he performed by the Pumbered.
14. PATENTS.
Whenever the Seller is required to me any design, device, material or process covered by lane,, patent trademark
or copyright, the Seller shall indemnify and save bsmless the Purchaser farm any and all claims for Infringement
by ,anon of the me of such p,enfed deign, device, memorial or process in connection with the congmn, and
shall indemnify the Purchaser for my cost expense or damage which it may be obliged to pay by reason of sock
infringement in any time during the prosecution or after the completion of the work. In case said equipment, ao
any pan thereof or the intended new of the god, is in such it held ra wmlitute infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense and a, its option, either procure for for
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nodnf firming equipment, or modify it so it becomes comminuting.
15.INSOLVENCY.
If the Seller shall became insolvent or bank.,,, make an assignment for the benefit of creditors, appoint a
receiver or arman for any of the Sellers primary or business, this order may handouts be canceled by the,
Intensifier without liability.
16. GOVERNING LAW.
The definitions of meats used or the interpretation of the agreement and me rights ofall parties hereunder shall be
com,med under and governed by the laws f,he Sam afC.imudo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers RepresnaeiveD), on the premises of others.
IZ SELLERS RESPONSIBILITY.
The Seller shall canyon said work at Sellers own ask until the same is folly completed and accepted, and shall,
in case of any accident dotruaion or injury to the work reader, marerials before Sellers final completion and
aeeplance, complete the work in Sellers rival expense and to the satisfaction of the Purchaser. When ma,eaals
and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same in the site and become responsible therefor as though such medial; maker equipmmf
were being Enriched by the Sella under tea ranked.
Ig. INSURANCE.
The Sella shall, at his own expense. provide for the payment of workers compensation, including occupational
dunsse benefits, toils employees employed on or in contraction with the work ma<ral by this purchase order,
andlor 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. but not limited to, contractual and automobile public
liability insurance wiN daddy injury said death limits of at least S300,000 far any one I.e., S500.000 for my
one accident and prapeay damage limit per accident of S400,000. The Sella shall likewise acquire his
e rs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of provide the Such
Seller shall famish the Purchaser with a when
su h
exam such rnmpemasur nce insurance have bran provided. Sueh haldxwfes shah ate whe the date when scan
compensation and rev Firm
have been provided. compensation
l stall insurance
the dam when such wmisnmtion
he
end a work is expires. The Shcco agree that such compenation anJ insurance shall be maintained until after the
entire work ¢ completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability fr my and at I damage, lass or injury of any kind
or nature whmmmer to persons or Faraday caused by or resulting from the execution of the work provided for in
this purchase order or in coanection herewith. The Seller will minority and hold hemless the Purchaser and any
r all of me Purchasers officers, 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 Pu olocia may
be put or subject by reason of my act action, neglect omission or dcfaah on the part of the Sella, my of his
contractors, or any of the Sellers or exa mnas offices, agents or employees. In care any spur or oNer
proceedings shall be brought against the Purchases, 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 m
their officers, agents or employees as aforesaid, me Seller hereby agrees to aware the defame thereof and to
defend the same at the Sellers own ego me. to pay any and all cows, changes, attorneys fear and and exoduses,
any and all judgments that may be incurred by or obtained against me Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will in once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall Like all safety p aautione, famish and instill all guard necemry for the prevention of
accidents, comply with all laws and regulations with regard to safety including• but without bmiatilm the
Occuptio al Safety and Healer Act of 1970 and all rates atd normal, issued pursuant thereto.
Revised 07Yd014