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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9122197Fort Collins Date: 04/17/2012 Vendor: 110986 FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS Colorado 80527-1005 ■110N1-I PO Number Page 9122197 1o12 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: 04/16/2012 Buyer: OPAL DICK . Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 6541-1116 3120 FT 2.7800 8,673.60 4" x 20' conduit for boring YARD CONDUIT, 4"X20' OVERALL LENGTH, SCHEDULE 40 PVC WITH WATER -TIGHT LOCKING RING JOINTS FOR DIRECTIONAL BORING APPLICATIONS CARLON, BG440SP-020; Delivery: 2 weeks Per quote from Ron Bauer Order Quantity based on 520ft bundles Ra� C3. 0r1.�92'a-e- 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 Total Invoice Address: $8.673.60 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exenpion Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-60W5,97 is registered with the Collector of Failure of the Purchaser to insist upon strict perfommnce of the land, and conditions haze(, failure m delay to Int rat 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 o bmaclu, the acceptance.for payment for grid hereunder ors provnl of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to .sect specification, either when shipped ordue to defects of arm of the mammies or obligations of this purchase order and shall not lac deemed n waiter of any right of disc danvge in annsit. miv be raurned to you for credit and arc not to be replaced except upon receipt of o7inen purchaser to insist upon strict prfnmee heo anerfor any of its righs or remedies as to any Such goods, regardless instructions from the City of Fort Collins. of when Shipped, received or roce amd, a, foray prior or subsquem default hereunder, nor shall anv purpond coal modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the tams Inspection. GOODS arc subject to the City of Fort Collins inspection on amval. hererf. Final Acceptance. Receipt of the nsemhuni se, services or equipment in response to this order can result in 12.ASSIGNMENT OIr ANT 11RUST CLAIMS, arwhodud payment on the pan of the Citv of Fort Collins. However, it is to be umferstesA that FINAL Seller and the Purchaser recognize that in netted economic practice. ovachargcs resulting from ammust ACCEPTANCE is dependent upon compldion ofall applicable required insectim poeedurs. violations am in act home by the Purchaser. Theretofore. for good canoe and a, consideration for execrating this purchase order, the Scllcr hereby ns,igm, to the Purchaser anv and all drains it may now have or hcreafcr Freight Trnns. Shipments must be F.O.B., City of Fen Collins, 7(10 Wood! St.. Fort Collins, CO 90522. rant ss acquired undo federal or state antitrust lows for such osercharges relating to the particular goods or services mhenvise specified on this order. If permission is given to prepay freight and charge sepamtcly, the original freight purchased or acquired by the Purchnscr pursuant to this purchase order, bill must accurnpany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Was. mmufsmrers have distributing points in vzdrus pars of the country, shipment is If the Purchaser direas the Seller to cores, nonconforming or defective good by a date to be agreed upon by the expected from the naves, distribution point to destination, and excess freight will he deducted from Invoice when Pumhnser and the Seller, and the Seller thereafter indicates its inability or nmvillingness to cons ply, the Pars shipments arc made front gmatcr distance. may cause the wort to be perfomsd by the uses, expeditious means available to it and the Seller shall pay all costs rsmimcd with weh work. Permits. Sells shall procure a, sellers sole cost all necessary permis, ttnifiwtes and licenses required by all applicable laws, regulations, ordinances and rates of the state, municip,liry. tcmtory or political subdivision where the work is perfomaL or required by now other duly eonoitvrtd public anthonty having jurisdiction over the work of vednr. Sella further agrees m hold the City of Fen Collins harmless form and against all liability and loss incurred by than by moon of an asserted car curblishd vinlation of any such laws, mgtdmions, ordinances, odes and require nscuts. Authorization. All parties to this convaa agree that the rcprcscnmtivc, are, in fact, boon fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchasc Omer expressly limits acceptance to the terns and conditions stated herein set forth ad any supplementary or additional terms and conditions mmexed hers,. or ire n,minal herein by reference. Anv additional or difacat tams and conditions pmpnsd by seller arc objected to and herchy rciccted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if no ..of make complete shipment to arrive on your promised delivery date as noted. Time is office essence. Delivery and perfomvncc most be effected within the time ,tatd on the puchase order and the dcuments attached hereto. No acs of the Purchasers including, without limitation acceptance ofpvtial late deliveries. shall operate ass a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofnrcing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages is a result of delays due to causes not reawnably forsecable which am hewed its massonable control and without its fruit ofnegligence, such acts ofGod, acts ofcivil or military authorities, govcmmental prionries, fires. strikes, nod, epidemics, was or nods pmviddl that notice of the conditions causing such dclov is given to the Purchaser within five (5) days office time when the Sella first reocivved knowledge thereof In the event of any such delay. the date of delivery shall he extended for the period equal to the tine actually lost by reason c f the dday. } WARRANTY. The Scllcr warrants that all goods. articles, materials and work award by this order will c.nl'om with applicable drawings. Specifications, samples tradfor other descriptions given. will he fat for the purposes intended, and perfomxd with the higher degree of cam and competence in accordmcc with accepted standards for work of a similar nature. The Seller agees to hold the purchaser harmless main any Inc. damage or expense which the Pumh.iwr may suf icr or incur on account of disc Sellers breach of warranty. 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 tine ns ivy be prewnhd by law or by the terns of am• applicable victim, my provided by the Seller oRcr the date of acceptance of the goods furnished limunda (amcptancc not to be unreasonably delayed), resulting from inspalca or defective work done or material, famished by the Seller. Acceptance or use of good by the Pumhnser shall not crmstimte a waiver, of any claim made, this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hemada shall extend to all damages proximately =used by the breach of any of the foregoing wnmmics or guamntecs. bat such liability shall in no event include lac ofprofie, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay hake any changes to the teats, other than Iegol tams. including addition, m or deletions from the grtantities originally ordered in the specifications or drawings, by verbal at writer, change order. If ray such change nRns the amount due attic time of perfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumha,er may at tiny time by wnuen change order. Icminate this agreement as to arm or all potions of the good, then not shipped, subject to any ce,ourble adjustment between the panics is to any work or materials then in pmgnss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion office good ad/or work, for incidairl or eonsqucmial danvgcs. and that no such adjustment be made in favor curiae Seller with rapect to any good which am the Scllcrs standard stock. No such terannation shall rclicvc the Purchawr or the Seller ofany of their obligations ns to any gods delivercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Anv claim for adju,"rear must be nswidd within thirty (30) days from the date the change or temsinntion is ordered. S. COMPLIANCE WITH LAW. The Sellcr warm, nty that all goods sold hereunder shall have been produced sold delivered and fumishal in strict compliance with all applicable laws and mgulatlrus to which the goods am subject. The Seller shall esecute and deliver such documents as new be r ptimd in effect or evidence compliance. All laws and regulations re anal to he incorporated in agreenents of this chameter are hereby incoriereted herein by this reference. The Seller agrees to indemnify and hold the Purchaser haradess from all costs and damages caf arc d by the Ptmhascr as a insult of the Scllcrs failure to comply with such Inv. 9. ASSIGNMENT. Neither party shall assign, art far, or convey this order. many carries duc or to become due hereunder without ,he prior written consent of fc miser party. 10. TITLE. The Seller wamny fall, dcar a d unre mictd title to the Purchrscr forall quipnsrn. materials, and items furnished in performance of this ogrenen% face and clear of any rid all lien,. restrictions, renovations, security interest encumbrances and daims ofothers. The Seller shall release the Purchaser and its cnntmctors of anv tier from all liahility and claims of nay nature resulting from the pafnmvnce of such work. This release shall apply even in the event of fault of negligence of the piny released and shill extend to rise directors. o0icas and employees of such party. The Scllcrs contraanal obligations, incluuling waumnty. shall not be devoid to be reduced, in any way, because such work is performed or caused to be pert mud by the Purchaser. 14. PATENTS. Whenever the Sella is required to use m,y design, device, material or process coveral by letter, patent, trademark or copyright, the Scllcr shall indemnify and save hamiless the Purchaser from any and all cloims for infringement by reason of the use of such patented design, device. material or pmecs-s in connection with the comma, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prowcution 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 u,e of said equiptreat or pan is enjoined the Seller shall, at its own expense and at its Tainn, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with suhmantirlly equal but noninfringing equipment. or modify it so it beconscs noninfringing. 15. INSOLVENCY. If the Sal ler shall become m of vast or honkrupt, make an resigns cat for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order mry forthwith be canceled by the Purchaser within liability. 16. GOVERNING LAW. The de inition, oftemss used or the interpretation otlbc agreement and the rights ofall parties hereunder shall he consumed nndcr and govancd by the Imr, of the Stare of Colorado. USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work has der. including thesavices of Scllcrs R mscntativGs). on the promisesof others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completal and accepted, rued shall, in case of any accident, destruction or injury to the work and/or nsataiols before Seller', final consplction and acceptance, complete the work at Seller's own cxpcmc and to the satisfaction of the Ptmhomr. When neacrials and equipment arc famished by others for installation or erection by the Seller. the Seller shall rcxivc, unlood, store and handle sure at the silt rand bccone respntsible therefor is though such nsatnrials and/or epuporem were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expanses, provide for the payment of workers conspensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase nndc, and/or to their rt eperdems in accordance with the lays of the state in which the work is to he done The Seller ,hall also tarty comprehensive general liability including, but not limit d to, contractual and automobile public liability insurance with bodily injury and death lints of at Ica,, S300.001) f any one peraur. $500.0f)m for any one accident and las damage limit per accident of S400.000. The Seller shall likewise "ohe his temuuanrs, it nny. to provide for such eonspencnlon and insurance. Betom any of the Sellers or his contractors employees shall do any work upon the pmmlus ofmther,, the Seller shall fumi,h the Purchawc-ith a certificate that such emnpeasation and inmmnec have been provided. Such certificates ,hall specify the date when such ontpcnmtion and in,umncc have ban provided. Such cati ficntcs shall specify the data what such couipcnsmion and insurance expires. The Seller agrees that such corn cnsation and insurance ,hall be maintained until n0cr the cmim word, is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller heathy as,umc, the entire respmsibility add liability fro any and all damage, loss or injury cf any kind or nature whatsoever to parson, or property caused by or resulting Trans the execution of the work protideel for in this purchase onler or in connection herewith. The Seller will indemnify and hold hemde,s the Purchamr and any or all of the Purchasers officers, ng<uts and employees loan and against any and all claims losses, damages. charges or cxpcnws, wbdhcr direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reauu of any act, action. cagier. oniis,inn or default ran the .an of the Scllcr, any of his contractors, or anv of the Scllcrs or contractors ofFccrs, agents or emplovas. In case anv suit or other proceedings shall TIC brought against the Purchasc, or its officers. agents or employees many time on account or by reason of any act. action, neglect, omission or default of the Sella of any of his ekunracmrs or any of its nr their officers, agent, or employees is aforesaid, the Seller hereby agrees to mcune the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. charges, aUnmcys Res and other cxpcascs. any and all judgatens that may be incurred by or oMain d against the Pumhnser array of its or their officers. agents or etnployces in such suis or other pruccaling5. and in cove judgnwnt tar other lien beplaced upon or obtained against the property office Purchaser, or said portics in or is a result of such suits or other preceding,, the Seller will w once came the samse to be If ,ol vd and discharged by giving bond or otherwise. The Sellcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including. but without liniartlon, the Occupational Snfsm and Health Act of 1970 and all roles od regulations issued pursuant thacto. Revised 0312010