Loading...
HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9111943Fort Collins Date: 04/07/2011 Vendor: 110986 PURCHASE ORDER FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS Colorado 80527-1005 PO Number Page 9111943 1of2 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 Colorado 80521 Delivery Date: 04/07/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6541-1116 4" x 20' conduit for boring 65411116 YARD CONDUIT, 4"X20' OVERALL LENGTH, SCHEDULE 40 PVC WITH WATER -TIGHT LOCKING RING JOINTS FOR DIRECTIONAL BORING APPLICATIONS CARLON, BG440SP-020; Delivery: 2-3 weeks Per Ron Bauer City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 5000 FT 2.7800 13,900.00 Total $13,900.00 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 statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is I L NONWAIVER. 98-(M502. Federal Excise Tax Exemption Certificate of Registry 54-60005IG is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms And conditions hcmof. failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 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 branch. the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, eithtt when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be darned A waiver of any right of the damage in transit, may be reamed to you fm credit and an not in be replaced except upon receipt of 0rinen purchaser to insist upon strict performance hereof or Any of its rights or rcmedics 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, nor shall any purported am madifi cation or rescission Of this purchase order by the Purchaser amm c as a waiver of any of the toms I aspection. GOODS arc subject to the City of Fan Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan 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 ofall applicable required inspection procedures. violations arc in Fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onlem the Seller hereby assigns to the Purchaser Any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins. 700 Wood St. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for .such overcharges refuting to the particular goods or services othcnvisc specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Pnrchnscr pursuant to this purchase order. hill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be Agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work In be performed by the most expeditious means available to it, and the Seller shall pay all costs Associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all Applicable laws, regulations. ordinances and rules of the state, municipality, territory 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 funhcr agrees to hold the City of Fan Collins hamilms from and against all liability and loss incurred by Chem by reason of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authorization. All panics to this eonmtt agree that the representatives arc, in fact, bona fide and possess full and complete nuthorfty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sd forth and any supplementary or additional terms and conditions annexed hereto or incorTmmted herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other 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 foreseeable which arc beyond its reasonable control and without its fault of negl igenee. such acts of God, acts of civil or military authorities, governmental priorities, fircs, strikes, need, cpidcm ics, wars or riots 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 any such delay. the date of delivery .shall be extended for the period equal to the time actually lost by rowan of the delay. 3. WARRANTY. The Seller wamnty that all grade articles materials and work covered by this oiler will confcmt with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the purposes intended. and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless firm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seller ancr the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably ddaycd), resulting front imperfect or defective work done or materials fimishcd by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as othcnvisc provided in this purchase order, the Scllcn liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no even include loss of pmfits or loss cruse. 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 COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions fmm the quantities originally Ordered in the specifications or dmwings, by verbal or written change order. If any such change aIT®ts the amount due or the time ofperfurmana hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agmemcnt as to any or all portions of the goods then net shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not he liable for any claims for anticipated pmfits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations As to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys From the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller tvamnts that all goods said hereunder shall have been produced, mid, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seiler shall execute and deliver such documents As may be required to effect or evidence compliance. All laws and regulations required to be ineorpnmted in agreements of this character arc hereby ineoriwmted herein by this reference The Seller agrees to indemnify, and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser As a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE. The Seller wmmws 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, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier Farm all liability and claims of anv nature resulting From the performance of such work. This release shall apply even in Poe event of fault of negligence of the party released and shall extend to the direcmrs. officers and employees ofsuch parry. The Sellers contractual obligations, including wamnty. shall not be deemed to be reduced, in any way. because such work is performed or caused to be perforated by the Purchaser. 14, PATENTS. Whenever the Seller is rcquircd to use any design, device, material or pmecss covered by lever, patent. trademark or cOpyright, the Seller shall indemnify and save harmless the Purchnscr from any and all claims for infringement by reason Of the use of such patented design, device, material or process in carnation with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may he abligcd to pay by reason ofsuch infringement at any time during the prosecution or after the completion Of the work. In case said equipment, or any pan thereof or the intended use of the Foods, 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 noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assigmmcm for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions fterms used or the interpretation ofthe agreement And the rights ufall panics hncunder shall be constmcd under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the services of Sellers Reprcsentative(s), on the premises of otherss. 17.SELLERS RESPONSIBILITY. The Seller .shall carry on said work at Seller',s own risk moil the same is fully completed and accepted, and shall, in case ofany accident, destruction or injury to the work and/or mntcriAls before Seller's final completion and Acceptance, complete the work at Seller's own expense and to the satisfaction of the Pnrchnscr. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive unload, store and handle saute at the site and bcaomc responsible thcrcfor as though such materials and/or equipment were being fhrnishcd by the Scllcr under the order. 19. INSURANCE. The Scllcr 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, and/or to their dmendents in accordance with the laws of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits arm least S300.000 for Any one person. 5500.000 far any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his 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 ofolhen, the Scllcr shall famish the Pumhascr with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such wropcnv tian and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 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 to persons or property caused by or resulting front the execution of the work pmvidcd for io this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchnscr and any or All of the 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 pmperry to which the Purchnscr may be put or subject by reason of any net, action, neglect omission or default on the pan of the Scllcr, any of his contractors. or any of the Sellers or contractors officas. agents or employees, In case any suit or other proceedings shall be brought against the Purchaser. or its off cas, agents Or employees at any time on account or by reason of any act action, ncglat. omission or default of the Seller ofany of his contractors or any of its or their offic s, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, 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 their officers. agents or employees in such suits Or Other procecdings. and in ease judgment or other lien be placed upon or obtained against the pmperty of the purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Scllcr will At Once cause the tome to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with All laws and regulations with regard to safety including, hot without limitation, the Occupational Safety And Health Act of 1970 and all rules and regulations issued pursuant thereto. Rcviscd 03/2010