HomeMy WebLinkAbout194021 STUART C IRBY CO - PURCHASE ORDER - 9146781Fort Collins
Date: 11/20/2014
Vendor: 194021
STUART C IRBY CO
4720 LIMA ST
DENVER CO 80239
PURCHASE ORDER
PO Number Page
9146781 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: 11/20/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7006-6857
29' 6" F/G streetlight pole
25 EA 989.0000 24,725.00
70066857 YARD POLE, STREETLIGHT, 29'6", TAPERED FIBERGLASS, 15" BOLT CIRCLE
PER SPEC. 373-104, SERIAL 02, REV., ;
OTHER, PER SPEC;
SHAKESPEARE, AHZ29599S9CB011;
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
1. COMMERCIAL DETAILS.
Tax exemptions. By srawe the City of Fort Collins is exempt from sure not local taxes. Our Exemption Number ex
ILNONWAIVER.
98-414503. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is regiuerd with dw Collector of
Failure of the Purchaser to insist upon strict perfonwme of the lams and conditions hereof. failure or delay m
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
ammise any rights or remedies provided herein or by law, failure to pormpmy redly, the Seller in the event of a
breach, the acceptance ofor payment fro good hereunder or approval ofth, design, shall not release the Seller of
Goods Rejac ed. GOODS REIECTED due or failure to men specifcetiom, aither when shipped or due to defects of
any if the warranties or obligations of Nis purchase order and shall not he deemed a waiver of any right of Ne
damage in transit, may be removal to you for credit and art not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of its rghm or remedies as to any such Rands, regardless
imtrunlons Imm the City effort Collins.
of when shipped, received or accepted, as to any prim or subsequent default hereunder, or shall any purported
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terms
Inspection. GOODS are subject to the City affair Collins inspeclion on anlval.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order am result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authonsed payment on the pan of the City of Fan Collins. Howeveq it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic poacher, overcharges resulting from amiWw
ACCEPTANCE is dependent upon completion wall applicable required inspection procedures.
violations are in fact bome by the Purchases. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St, To" Collins, CO 80522, unless
negaired under federal or state antihm, laws for such overchages relating to the panicular goad or services
otherwise specified on this order. Ifpermiuion is given to prepay, freight and chaBe separately. the angirul freight
purchased or acquired by the Purchaser pursuant m this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where tranufacmrers have distributing points in various parrs of the country, shipment as
If the Purchaser dhacts den Seller to correct nonconforming or detective goods by a date to h agreed upon by the
expected form the nwrest distribution point to destitution, and excess freighl will In, deducted from Invoice when
Purchaser aced the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser
shipments ere made from greater distance.
may muse the work to be performed by she most expeditious means available to it, and the Seller shall pay all
cans aurcimed with such work.
Famous. Seller shall procure at sellers sale cost all necessary permits, ce tificatw and humors required by all
applicable laws, regulations, ordinances and mks of the sure, municipality, mrdtory or political subdivision where
the work is performed. or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller fuller agrees m hold the City of Fen Collins hamiless from and against all liabil iry and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordiummecs, roles
and requirements.
Authuriauliun. All parties to this contact agree that the mine wmatives are, in fact bona fide and possess full and
complete amhodty m bind said ponies.
LIMITATION OF TERMS. This purchase Order expressly limits wreuance to the toms and conditions mod
herein set forth and any supplementary or additional muss and conditions annexed hereto or incorporated herein by
reference. Any additional or diferentter s and conditions proposed by seller ate objected 10 end hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you court make complete shipment to arrive on your
promised delivery date as noted. Time u wf the.... Delivery and pcof.. now he efmc,ad within doe time
stared on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of panel late deliveries, shall alienate as a waiver ofthis pmvisim. In the event of my delay,
the Parchaur shall have, in addition mother legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably unnameable which we beyond its memorable control and without its fault of negligence,
such act of God, mu of civil or military amhonties, governmental priorities, 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
time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually last by reason ofthe delay.
3. WARRANTY.
The Seller warranu that all good, article, materials and work covered by this order will conform with applicable
drawings, specifications, samples mdim other descriptions given, will be fit for the purposes intended, and
Performed with the higher degree of cart rand competence or accordance with accepted standard for work of a
similar uturs. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suffererr incur on accowd of the Sellers breach of.ty. The Seller shall replmc, repair or make
good, without cost to the purchaser, any detects or faults wising within one (1) year or within such longer period of
time as may be proscribed by law or by the terms of my applicable wmnanry provided by the Seller aflat the date of
acceptance of the good fmished hereunder (ac«pmnce riot m M unreasonably delayed), resulting from imperf t
or defeclive work due w mmma8 fmished by the Seler. Acceptance or use of goods by the Purchaser dull rim
constitute a waiver ofany claim water this warranty, Except as o lawavis provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the brach of any of the foregoing warranties
or gramnmes, but such liability shall in am event include loss of profits or loss of nu. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERC WL TERMS.
Tm Purchaser may make any changes b the terms, other than legal terms, including edditi0rts to tar deletions from
the quantities originally ordered in the specifications or drawings, by varhal or airmen change order. If my such
chmge ndTens Jim woroum due or the time afMfo-- hereunder, m aluitable adjustment shall be made.
6. TERMINATIONS.
The Purely. may a1 any time by written change order, moniute If. agreement as to any or all Isoniom of the
goods then not shipped, subject to any equitable edjuument berween the parties as to my work or materials then in
progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the wcompletM
portion of the good mNor wok, for ineidmml or comrqurntial damages, and thaw no such ndjmtment be made in
favor of the Seller with respect to my goad which an the Sellers standard sack. No such wmination shall believe
the Purchaser or the Seller ofany of their obligations as to any goad delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be worried within thirty (30) days from the data the change or mmriution is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in shin
ompliami, with all applicable laws and regulations m which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws cad regulations required to be
incorporated in agreements of this charmer are hereby incorporated herein by this refmuss. The Seller agrees m
indemnify and hold the Purchaser hvmlcas from all won and damages suffered by the Purchaser as a news of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty, shall assign, mwsf, or convey this order, or my monies due or to become due hereunder without she
prior written consent ofthe other prey.
10. TITLE,
The Seller warrants full, clear and unrestricted title to the Parchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of my and all liens, matnetii ns, ne ervmions, security interest
encumbrances and claims of other,
The Seller shall release the Purchaser and its contractors of any her from all liability all claims of any name
resulting from the performance of such work.
This release shall apply even in the event of that, of negligence of the patty released and shall extend to the
direcmrs, offivm and employees rf wah parry.
The Settees contractual obligations, including warranty, shall not be deemed to be reduced, 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 p. covered by lane,. patent tidemark
cor wpyaght the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the tore of such patented design, deviec, nmtmal or process in correction with the contract, and
shall indemnify, the Purchaser for any used, expense or damage which it may be obliged to pay by reason of sucb
infringement at any time daring the proareutlon or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held or constitute infringement and the use of
said equipment or pan is enjoined, the Seller droll, at iu own expense and in its option, either procure fro the
Purchaser the right to continue using said equipment or pans replace the some with substantially actual but
noninfnnging equipment, or modify it so it becomes noninfiinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a
receiver or hastee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftems word or the imerpremtion of the agreement and the fights of all panics hereunder shall be
emsaved under and governed by the laws of the Stare of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is b perform work hereunder,
including the services of Sellers ReprescnwivcO), am the premises of odrrs.
17. SELLERS RESPONSIBILITY.
The Seller shall wry w said week at Sellers own risk until the scone is fully wmpined and azwpled, and shall,
in case of any accident, destruction or injury to the work ardor materials hef Seller's final completion and
acceptance, coati the wok m sidiaes own expense and to Ne wlisfacum of the Purchaser. WIwa materials
and equipment are fmished by others for inaullation or erection by the Seller, the Seller shall receive, unload,
sure and handle same a1 the site and become responsible therefor ax tough such .,costs and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease bmetirs, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependants in accordance with the laws of the suite in which the work is to be done. The Seller
shall also carry comprehensive general liability, including, but not limited to, comrxrml end amomobile public
liability insurance with Ixndily injury and death limits of m least S30 pod for my one person, S500,01q for try
one accident and property damage limit per accident of S40(, W. The Seller shall likewise require his
encomiums, if any, 10 provide fm such compensation and insurance. Before any of the Sellers or his conarmtms
employees shall do any wok upon the premises of others, the Seller shall f ish the Purchuru with a cenificae
that such compumar on and insurance have been provided. Such certificates shall specify the date whin such
compensation and insurance have been provided. Such certificates shall specify the date when such compensmioo
and insurance expire. The Salle, agrees dual such compensation, and insurance shall h nuinuined .,it after the
entire work is completed acid accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby .smmes the entire resporuibiliry and liability for any end all &.,a, loss or injury of say kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold families iless the Purchaser and my
r all of the Purchases riHicers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether in persam or property to which the Purchaser may
be put or subject by reason of any act action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agmm or employees. In case any suit or other
proceedings shall be brought against the Purchas, or its officers, agents or employees at my time on account or
by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof ward to
defend the same at the Sell. wain expense, or pay any and all casts, charges, runways fees and other exparow"
my and all judgments that may be incurred by or obmivrd against the Purchaser in my of in or their oRc.,
agents or employees in such .its or other proceedings, and th case judgment in other lien be placed upon or
rbmNed against the property, ofNe Purchaser, m said Futures in or res is result 0fro ch ..its or other proceedings,
the Seller will st area came the same m be dissolved and discharged by giving bond err otherwise. The Seller and
his contactors shall take all salary ptecautrom f ish and install all guard necessary for the prevendw of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1990 and all mles and regulations issued pursuant throw.
Revised 0II2014