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HomeMy WebLinkAbout2256604 SOUTHWEST FIBERGLASS INC - PURCHASE ORDER - 9145433PO PURCHASE ORDER 914543er Page CI�/ of PURCHASE 45433 1 of 3 `t Collins( his number must appear V " �7 on all invoices, packing sli s and labels. Date: 09/19/2014 Vendor: 256604 SOUTHWEST FIBERGLASS INC 4798 S JULIAN AVE TUCSON AZ 85714 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/18/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price vault; small oval 80 EA 1,209.4200 96,753.60 65508640 65508640 YARD VAULT, COMPLETE, SMALL OVAL PRIMARY, 3' X 6' WITH QUEEN OLIVE COLOR COVER, UNASSEMBLED, WITHOUT ASSEMBLING HARDWARE, WITH LOCKING HARDWARE INSTALLED, PER SPEC.#366-103 SOUTHWEST FIBERGLASS, ; 2 vault extension, front 4 EA 115.5700 462.28 65508824 65508824 YARD EXTENSION, FRONT SECTION, FOR SMALL OVAL VAULT, 36" FLAT SIDE X 18" DEEP WITH U-BOLT INSTALLED, WITHOUT ASSEMBLING HARDWARE. 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.mm Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9145433 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price SOUTHWEST FIBERGLASS, 3 vault extension, end 8 EA 174.6100 1,396.88 65508825 65508825 YARD EXTENSION, END SECTION, FOR SMALL OVAL VAULT, 36" ROUND X 18" DEEP SOUTHWEST FIBERGLASS, 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.mm ipwil Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I'�I2i�r �]'dC3il rCA'iiR�T'Cia[K1T.1QLSrL9 Page 3 of 3 1. COMMERCIALDEFAIIS. Tax exemptions. By smtute the City of Fon Collins is exempt from sure and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Cenifrate of Registry 84,N)KNE O is registered with the Collector of Failure of the Purchaser to insist upon strict paromumce of the terms and conditions hereof, failure or delay to Intend Revenue, Denver, Colmado (Ref. Colorado Revised Succours 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 of., payment fur goods hereunder or approval of the design, shall not release the Seller of Gook Rejected. GOODS RFJECfED due to failure to men specifications, inner when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dttmed a waiver of any right of the damage in munch may be teamed in you for credit and art not to be replaced except upon receipt of written purchaser 10 insist upon strict performance bctcafor any of its rights or remedies res to any such goods, regardless iastmctions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Furyonal anal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms lnspcction. GOODS On, subject m the City of Fon Collins initiation on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mourns, to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhmacd payment on the pan of the City of Fan Collins, However, it is to be understood that FINAL. Seller and the Purchaser mcognim that in actual economic practice, overcharges rrsulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proceduma. violatioiss are in fact home by due Purchaser.Theretofore, for good cause and in consideration for executing this purchase order, the Seller hereby assigns to the Pumhaver any and all claims it may now have or Immure, Freight Trans. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless acquired arch Radical or state antitrust laws for such vacharga relating to the particular goods 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 Purchaser pursuant to this purchase orda. bill must accompany invoice. Additional charges for packing coil I not be accepted. Shipment Distance. Where manufacturers have distributing points in various from of the country, shipment is expected fmm the amount distribution point to destination, and excess freight will be deducted boom Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost .II necessary permits, certificates and licenses rejoiced by all applicable laws, regulations, on incom and all of the sure, municipality, territory or political subdivision where the work is pxi fmued, or required by any other duly confifi red public authority havingjurixdichon over the work of vendor Seller further agrees to hold the City of Fun Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and requirements. Authorisation. All parries to this contract agree that the representatives are, in DO, bow fide and posxss full and consulate, authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tems and conditions stated herein set foM and any supplementary or additional terms and conditions annexed hereto or incorporated heein by reference. Any additional or IiBenent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date ss noted. Time is of the essence. Delivery aM performance most be eBected within the time stated on the purchaw order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panid late deliveries, sMll operate as a waiver of this provision. In the event ofany delay, the Purchase, shall have, in addition to ether legal and equitable remedies, the option cf placing this order clwwhem and holding me Seller liable for damages. However, the Seller shall not be liable for damages as a rsult of delays due to causes Out reasonably foreseeable which art beyond its reasoreble combat and without its fault of negligence, such acts of Gbd, acts ofeivil or military authorities, govemmenral priorities, Fares, strikes, Band, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by retain of the delay. 3. WARRANTY, The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a Similar rerure. The Seller agrees to hold the purchaser harmless firm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach aristocracy. The Seller shall replace, repair of make good, without cost to the purchaser, any delbcts or faults arising within one (1) year or within Inch longer period of time as may be prescribed by law or by roe umn ofany applicable warranty provided by the Seller after the date of acceptance of the goods ( ished heouurder Distribute not to be umeasowbly delayed), resulting from anpailect or defective work done or materials burnished by the Sella. Acceptance or use of good by the Purchaser shall not constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers a liability hereunder shall extend to all damages prenimely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of,sprits or loss arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes ro legal terms by write. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other run legal moms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may in any time by written change order terminate this agreement as to any or all portions of the goods then col shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmb^ess provided Nat the Purchaser shall not be liable for my claims for anticipated profits on the arrompleod portion of the good and/or work, for incidental or consequential damages, and chat no such adjusment be made in favor orthe Seller with repeat m any goods which ere the Sellers stmdad clock No such lamination shall relieve the Purchaser or the Seller orany of their olch,ouans as to any good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be earned within Nirty (30) days f the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods cold brander shall have been produced, sold, delivered and famished m smat compliance with all applicable laws aM regulations to which the good are subject. The Seller shall execute and deliver such documents as may bd required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages sufrered by the Purchaser as a result of the Sellers failure m comply with such raw. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior .inures consent ofthe other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, re"',dions, saunty interest mcumbrences and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchase directs the Seller to roman noncrnf ing or defective goad by a date to be agreed upon by the purchaser and $e Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Paeasomr may cauu the work to be performed by the most expeditious mans available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Parcbuer and its contractors of any tier man all liability and claims of my cater, resulting from the pe.formmce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch parry. The Sellers contmctml obligations, including warranty, shall oat he domed to h rearmed. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmeres severed by letter, Fromt trademark r copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by maven of the use of such patented design, device, material or process in connection with the comma, and shall inde nnit, the Purchaser for any cast expense or damage which it may be obliged to pay by reason of such infringement at any time during the Foramina or after the completion of the work. In case said equipment, or any pan tharaf or the imeMed use of me good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nominfHnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt make an assignment for the benefit of creditors, appoint a raceiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Terms used or the interpretation argue agreement and the rights ofall panics hereunder shall be construed under anal pointed by the laws office State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella k to perform work hereunder, including the services ofsellas Reprtsenutivefid, on die parucs ofothers. 19. SELLERS RESPONSIBILITY. The Seller shall miry on said work at Sellers own risk until the same is fully completed and weeping, and shall, in case of any accider, destruction or injury to the work and/or maredals before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction or the Purchases. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall rrceive, unload, store and handle same at me site and become responsible therefor as though such materials and/or equipment were being published by the Seller under the oiler. 18. INSURANCE. The Seller shall, at his own expense, provide 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, candor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall i den cany mmprehcm en, general liability iacludiag, but not limited to, ammactual and automobile public liability insurance with bodily injury and death limits of at trust 5300,000 for any one person, 5500,000 for any one accident and property damage limit Per accident of $400,000. The Seller shall likewise regain, his antacton, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shill do any work upon the premises of oNcs, the Seller shall famish the Purchaser with a certifate that such compensation and imatimnce have been provided. Such cenificara shall specify the date when such ompemation and insurance have been provided Such cenllicoms shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work k completed err occurred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever m persons or property muted by or resulting from the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold hvmleu the Purthuer and any r all of the Purtbasm officers, agents and employes 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 any act, action, neglects omission or default on me pan of the Seller, any of his contactors, or any of the Sellers or contractors officers. agents or employes. In case any suit or other proceedings shall be brought against the Purchaser, or its oRicars, agents or employees many lime an common or by rtaven of any rel, action, negial, omission or default of the Seller of my of his composition or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the dense thereof and to defend the same at the Sellers owns expense, W pay any and all costs,'hages, crummy, fees and .,he, expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcea, agents or employees in swh suits or other prommile gs, and in case judgment or other lien be plattd 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 at once cause the same In be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall cake all safety precautions, famish caul install all guar necessary for the prevention of accidents, comply with all laws and Regulations with ougad to safety including, but without limitation, the Ocmpational Safety ad Health Act of 1970 and all rules abd regulations issued pursuant thereo. Revised 0I12014