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HomeMy WebLinkAbout113669 K V A SUPPLY CO - PURCHASE ORDER - 9117551City of art Collins Date: 12/21/2011 Vendor: 113669 K V A SUPPLY CO 11333 E 55TH AVE DENVER Colorado 80239 PURCHASE ORDER PO Number Page 9117551 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: 01/31/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6726-4184 200A, 3-way junction 67264184 08D3 JUNCTION, 3-WAY, 200A CONTINUOUS 200A SINGLE PHASE AND 3-PHASE LOADMAKE/LOADBREAK, 8.31-G/14ALL, WITH THERMOSET ARC -QUENCHING MATERIAL, 100% PEROXIDE CURED INSULATION, AND COPPER CURRENT CARRYING COMPONENTS, STAINLESS STEEL CONSTRUCTION WITH ADJUSTABLE BRACKET, 2 PARKING STANDS, WITH GROUND NUTS 112" X 13 NC THREAD 7/16" DEEP ON EACH SIDE OF LOWER FLANGE OF BACK PLATE, EACH JUNCTION TO BE INDIVIDUALLY PACKAGED ELASTIMOLD, 164J3-CS1090; 4-6 weeks 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 75 EA 271.0000 20,325.00 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hemol. failure or delay to Internal Revenue, Denver, Colorado (Rcf. 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 breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be removed to yen for credit and arc nod to be replaced except upon receipt of written purchaser to insist upon strict Performance hefcofor any of its rights or remedies ns to any such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subxcquent default hereunder, our shall any purponed oral modification or rescission of this purchase order by the Purchaser opcerm as a waiver ofany ofthe terms Inspection. GOODS arc subject to the City of Fort 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 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 ofall applicable required inspection procedures. violations am in fact home by the Purchaser. 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 hcma0er Freight Teams. Shipments must be F.O.H., City of Fort Collins 700 Wood St., Fun Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges 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 order. bill most accompany invoice. Additional charges for peeking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts 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 from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance, may cause the work to 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 further agrees to hold the City of Fort 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, rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona Fide and posscc full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tetrres and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different mars and conditions pmposed by seller are objected to and hereby micaed. 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 he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages or a result of delay's due in causes not reasonably foreseeable which arc bcyrmd its reasonable control and without its fault of negligence. such acts ofGod. acts ofcivil or military authorities, governmental priorities, fires, strikes, Brad, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dmwings, specifications samples and/or other descriptions given, will be Fit for the purposes intended, and performed with the highest degree of cam and conference in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost 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 waranry provided by the Seller after the date of acceptance of the funds, famished hereunder (acceptance not to be unreasonably delayed), resulting farm imperfect or defective work time or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Ioss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tames, other than legal terns, including additions to or deletions from the quantities originally ordered in the s,cificatic ns or drawings. by verbal or wxitiv. change order. If nay such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhascr may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment be vvven the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits 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 tm Seller with respect to any goods which are the Sellers standanl stock. No such termination shall relieve the Purchaser or the Scllcr ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subjecl. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc 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 Scllers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, nansfcr, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wormer 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 liens, restrictions reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officersand employees ofsuch parry. The Seller's eontmetual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless 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 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 goods 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 Purehascr the right to continue using said equipment or pans, replace the same with substantially equal hot noninfringing equipment, or modify it so it becomes noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrm used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the Imes ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perfomr work hcrcundcr, including the services of Scllers Representative(.,), no the premises ofothcm. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Scllces own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and .acceptance, complete the work at Scllers own expense nod to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, some and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19, INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits. in its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.600 for any one per. r. S500'" for anv one accident and property damage limit per accident of S400.000. The Seller shall likcwisc require his contractors. Troy. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofodors. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such emificates 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 is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hvmby assumes the entire rcspousibiliry and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemai fy and hold homeless the Purchaser and any or all of the Purchasers officers, agents and employees form 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, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purehascr, or its officers, agents or employees many time on account or by reason ofany act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller 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 effects, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed aeon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other pmceedings. the Seller will at once cause the same 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 loss and rcgulations with regard to safety including, but without limitation, the Occupational Safety and Health Act el 1970 and all odes and rcgulations issued pursuant thereto. Revised 03/2010