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HomeMy WebLinkAbout256604 SOUTHWEST FIBERGLASS INC - PURCHASE ORDER - 9145433PO PURCHASE ORDER 914543er Page C117/ of PURCHASE 9145433 ' of z ' `ppearl F6rt Collins + This number must packing V �7 on all invoices, packing sli s and labels. Date: 10/28/2014 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: 10/27/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Cover for small vault 40 EA 431.3600 17,254.40 6550-8773 req 48231 Total $17,254.40 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 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 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-W502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon soma performance ofthe terms and conditions hereof failure or delay to httemol Revenue, Denver, Colorado (get, Colorado Revised Statutes 1973, Chapter 39Q6, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly nmlfy the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall art release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spcefernm s, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may Im removed m you far credit and are not In No replaced except upon factor of written purchaser to insist upon strict performance hereof., any ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, vor shall any supported oral modification or rescission, of Nis purchase order by the Purchaser operate m is waiver i f any of the Demo Inspection GOODS are total., m the City of Fon Collins inspection on arrival. hcnaf. Final Acceptance. Receipt of the merchandise, services or muipmcnt in respamc m this order can result in IL ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment oa the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theremforefor tgood cause and m consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter freight Tertm. Shipments must be F.O.B., City of Fart Collins, 200 Wood St., port Collins, CO 80522, aides, natural under federal or stale antitrust laws for such m.'arcbages relating 1. the particular goods or services otherwise specified on thisorder. Ifpemtismum is given to prepay freight and charge separately, the original freight purchased or notional by the Purchaser ..at a this purchase Order. bill most accompany invoice. Additional changes for puking will not be accepted. I3.PURCHASERS nvaibe PERFORMANCE OF SELLERSOBLIGATIONS.defONS. Shipment ram thee. Whert manufacturersnPoihave distributingnaio,and exts u rarious pant de ucteddid farm Invoice w is If the Peer and dire filer. a Seller all"a after i mmucamf tes or debility good by ants to tr agood pP, the n byarch the expected from then forwr rater dista point to datimtion, and excess freight will be deducted from Invoice when Purchaser and the work and the Sellery the i er indicates is inability or unwillingness m comply, the shall Jury shipments art made loom greater distance. may wise the work to be orfomred by the most expeditious means mailable m it, and the Seller shall WY all corn associated with such work. Permits. Seller shall procure rd sellers sole cost all eesate, permis, certificates and licenses required w all applicable laws, regulations, ordinances and mlw duly state, d public ant territory or jurisdiction subdivision where the work is performed, or reignited hanyn City Ton Collinsd publicauthorityfrom havinggjinst 11 liaover the work in vendor. Seller further n of m Arad the City of Tom Collharmless from and against all ordiran and bss incurred by them by mason of an anened or established violation of any such laws, regulations, ordinances, roles and regoiremens. Authorization. All Facties 1. this mnaacs ague Oat the reprexnativa are, in feet, bona fide ad possess full and omplete authanry m bind said munim, LIMITATION OF TERMS. This Purchase Order expressly limits accep. to the tams and conditions stated herein set forth and any supplementary or additional times and conditions annexed hereto or incorporated herein by reference. Any additional or diRerem mass and conditions proposed by seller arc objected to and hereby rejected. 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 extreme. Delivery and performance most be Widened within the time stated on the purchase order and the dwummts attached hereto. No its of the Purchasers including, without limitation, acwplance of Wttial late deliveries, shall operate m a waiver of this provision. In the even of any delay, the Purhaer shall have, in addition to other legal and equitable remedies, the option ofpladng this Order elsewhere and holding the Seller liable for damages. However, Nov Seller shall not be liable for damages as a result of delay due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental prlonams, fires, strikes, flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the now when the Seller first received knowledge thereof. In the an, of any such delay, the date of delivery shall be extended to, do, period octal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, m aerials and work covered by this order will conform with applicable dmxaegs, spenfwli ms, samples and/or other descriptions given, win be fit for the purposes mtmdd, and performed with the highest degree of care and connPaimtt in accordance with accepted standard for work of it similar setae. The Seller agrees to hold the purchaser hamtlen from any loss, damage or expense which the Purchaser may sufferer incur on account ofthe Sellers breach ofwarmnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults ansing within one (1) year or within such longer period of rime as may be Funniest by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptant, or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purelvem Order, the Sellers liability hereunder shall extend to all damages personality caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or tom of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terns by written change rota. 5. CI IANGES IN COMMERCIAL TERMS. the Purchaser, may make any changes m the teats, other than legal terms, including utdilions to or deletions firm the quantities ungainly ordered in the specification or drawings, by verbal or written change order. If my such change offices the amount due or the time of Performance bereundeq an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrimm change order, terminate this agreement as to any or all portions of the goods then not shipped, subject m any ryuitable adjustment between the parties as to any work or m rmumb then in progress Provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods maker work, far incidental or consecration] damages, and that no such adjustment be made in favor of the Seller with respect many goods which ore the Sellers standard stock. No such automation shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for argument matt In, assured within them (30) days from the date the change or re rritadon is ordered. S. COMPLIANCE WITH LAW. The Seller weram. that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict rrWhance with all applicable laws and migulmiom to which the good art subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations retained 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 suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall anign, transfer, or camey this order, or any nmnies due or to become due hereunder without the prior wrinen content afthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liars, reafndions, reservations, secunry interest mcumbances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any more resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be deemed to be removed, in any way, became such wads is performed or eased m be Performed by [be Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, palmt, trademark wpyd,d, the Super shall indemnify and save humdess the Purchaser from any and all claims for infringement by reason of the use 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 inGtngwtent at any time during the prosecution or after the completion of the work. In case said equipment, a any pair thereof or the intended use of the goods, is in such suit held to constitute infringement turd tee me of said equipment or part is joined, the Seller shall at its awn expense and at its option, either procure for the Purchaser roe right to continue mug said mitigation or parts, replace the sane with sufmantally equal but nonufringing ryimpmmr, or modify it so it becomes wninfringim, I S. ]INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or novae for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defirdtions afterms used or she interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the la n nfhe Sate of Colo.&, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the saviees of SellersReprescuref ivand. on the premims.fothers. 17. SELLERS RESPONSIBILITY. T'he Seller shall sorry on said work at Seller's awn risk until the same is Polly completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense mW to the satisfaction of the Purchaser. When materials and aquipmem are famished by others for imtalhtio r Or a.,. by the Seller, die Seller shall receive, unload, store and handle same in Ore site and become responsible therefor as though such materials cougar mitigation were being f ished by the Seller under the are. 18. INSURANCE. The Seller shall, in 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, armor to their dependents in accordance with the laws of the state in which the work is to be time. The Seiler shall also carry comprehensive grn ral liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S30e,M) for any one person, 5500,000 for any one accident and property damage limit per accident of S400.0The Seller shall likewise require his c00. contractors, 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 others, the Seller shall fumah the Purchaser with a certificate that such mmgensation and arm., base been provided. Such cerdficams shall specify the date whom such compensation and imumnce have been Fronded. Such over ificana shall specify the date when such compwurion and insurance expires. The Seller agrees that such compemafion and instance shall be mainained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby anumw the room responsibility and liability for any and all damage, loses or i jury of any kind or nature whosoever to persons or property carved by or resulting from the excitation of the work provided for in this pmchau order or in connection herewith. The Sella will indemnify and hold harmless the Pomhmtt and any or all of the Purchaers affairs, agents and employees wen 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, whom neglect, omission or default on the pan of the Seller. any i f his c.mmctors, mur any of the Sellers or committees afters, agents or employees. In eau any suit or other proceedings shall be brought against the Purchaser, or its officers, agena or employ. 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 or their ofcars, agens or employees de aforesaid, the Seller hereby agrees to assume the defense theaof and to defend the same at the Sellers own expense, to pay any and all costs, charges, mtomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and u case judgment or other Jim be placed upon or obained against One property of the Purchaser, or said panics in or m a result ofsuch suits or other proceedings, the Seller will o once also Ore same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall aka all safety precautions, f ah and imall all guard nexassary for the Fmentio , of accidents, comply with all laws and regulations with regard to nay including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant themo. Revised 02I2014