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HomeMy WebLinkAbout113669 K V A SUPPLY CO - PURCHASE ORDER - 9122651City Of PURCHASE ORDER PO Number Page 9122651 1 of 2 Flirt C Collins This number must appear ,�—,J`-' ` on all invoices, packing slips and labels. Date: 05/07/2012 Vendor: 113669 Ship To: UTILITY SERVICE CENTER - WA K V A SUPPLY CO CITY OF FORT COLLINS 11333 E 55TH AVE 700 WOOD ST DENVER Colorado 80239 FORT COLLINS Colorado 80521 Delivery Date: 05/07/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6764-8324 400 EA 31.0000 12,400.00 200A, term bushing well insert 67648324 08C3 TERMINAL BUSHING WELL INSERTS, 200 A CONTINUOUS, 200A SINGLE PHASE AND 3-PHASE LOADMAKE/LOADBREAK, 8.3 LG/ 14.4/LL, WITH ARC -QUENCHING MATERIAL COMPATIBLE WITH THERMOSET OR THERMOPLASTIC ELBOW MATERIAL AND COPPER CURRENT CARRYING COMPONENTS, WITH TORQUE FITTING ELASTIMOLD, 1601A4; Delivery: KVA Stock Price and delivery per Pat Meyer quote. 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 $12,400.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the Citv of To" Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98.114502. 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 hereof. Failure or delay to Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Startles 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 weeptancc oforpayment for goods hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or dne to defects of any of the warn tics or obligations of this purchase order and shall not be dccmed a waiver of any right of the damage in transit, may be mooned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to nnv such goods, regardless instructions From the City of Fort Collins. of when sh ippeL received or accepted. as to any prior or subsequent defnu It hercion ct, not shall any Purponcd nml modification or rescission of this purchasc order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hcrmf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can resat 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 of all applicable required inspection proeedurcs. violations arc in fact borne by the Purchaser. Theretafo e. for good cause and as eonsidemtion for executing this purchase ionic,. 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 Fort Collins, 700 Wood St., Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicalir goods or urvices otherwise specified on this order. If pemrieeion is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturcm have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to cornet noneonfnmring or defective goods by a date to be agreed upon by the expected from the nemesl distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or umvillingness to comply, the Purchase, shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to il, and the Seller shall pay all costs rssociated with such work. Permit. Seller shall procure at sellers sole cost all necessary permits, cenifieates and licenses required by all applicable laws, regulations. ordinances and roles of the state. municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority lu vingjurisdictum over the work of vendor. Seller ranter agrees to hold the City of Fort Collins harudcss form and against all liability and loss incurred by than by reason of ion assened or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bona Bde and possess full and complete authority to bind said panics, LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions stated herein set fonh and any supplementary or additional isms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions Imposed by seller are objected hound hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sated on the purchase order and the documents attached hereto. No acts of the Purchaser, including. without limitation, acceptance of partial Ire deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 In causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts ofG d. ach, ofcivil or military authorities, governmental priorities, fires, strikes, food, epidemics, 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 Bast 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 reason ofthe delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this onlcr will conform with applicable drawings. specifications. samples and/or other descriptions given, will he fil for the purposes intended and performed with the highest degree of care and competence in accordance With accepted standards for work of a similar naturc. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs broach of wamnty. The Seller shut 1 replace. repair or make good, 0ithmtt 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 of any applicable uamary provided by the Seller after the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of anv claim under this uamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of any 0f the foregoing wsamntics Or guarantees, but such liability shall in no event include Ions of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITN FSS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Porchascr may make changes to legal terms by written chance order. S. CHANGES IN COMMERCIAL TERMS. The Porchascr, may make any changes to the toms, other than legal terms, including additions to or deletions from the ganntiries originally Ordered in the specifications or drawings, by verbal or woven change under. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Pumhascr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchase 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 ndjustmcrtt be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such tcmination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thirty (30) days from the date the change or coronation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser tameless from all costs and damages suffered by the Purchaser is a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITT, E. The Seller wamnts 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, rcstrictim,. mxcrcotions, .wctdty interest encumbrances and claims Of others. The Seller shall release the Purchaser and its contractors of any tier from all liahi l ity and claims of any nature resulting (ram the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. ofree. and employees ofsuch party. The Seller's eonmciad obligations. including warranty, shall not be dccmed to be reduced, in any way, because such work is Perfumed 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 form any and all claims for infringement by reason of the use of such patented design, device, narcrial or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damagc Which it may be obliged to pay by reason of such inliingemcnt at any tints during the prosecution Or alter the completion Of the work. In ease said equipment, or any part 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 Parente for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tntstec for any of the Scllcrs property or businar, this order may forthwith be canceled by the Porchascr without Iiabilits. 16. GOVERNING LAW. The definitions Of terms used or the inumoctmim of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply rule in cases Where the Seller is to perform work hereunder. including the.scn'iees of Scllcrs Representative(,). on the premises Ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry oa said work at Seller's 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 Scllcrs final completion and acceptance, complete the work at Sellers man enpcoo, and to the satisfaction of the Purchase, When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle ,.are at the site and become responsible therefor as though such materials molter equipment were being furnished by the Seller under the order. IS, INSURANCE. The Seller shall, it his own expense, pmvidc for the payment of wrorkem compensation, including occupational disease beacfts, to its employers 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 n1.so carry comprchcnsive general liability including, but not limited to, contraemal and automobile public liability insurance .with bodily injury and death limits of at Icast $300.000 for any one person. S500,000 for any one accident and pmpcm damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensaion and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the ptrnises of mhos, 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 cenificates 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 Scllcr hemby assumes the entire responsibility and liability for any and all damage, loss Or injury of anv kind Or nature xhat,urler to persons or pmpcny caused by or restating from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers offeem, agents and employees from 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 vuhjeet by reason of any act. action, neglect, omission or default no the pan Of the Seller, any of his contractors or any of the Sellers or contractors offcem, agents or employees. In ease any suit or other pmcccdings shall be brought against the Purchasct or its Officers, agents or employees at any time on account or by reason of nnv act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officer,. agents or employees as ifnresaid, 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 Ica and other expenses. any and ill judgments that may be inetmd by or obtained against the Purchaser or any of its or their Offices. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a resat of such suits or other pmcccdings, the Seller will at once cause the same to be dissolved and discharged by giving bond or chemise. The Seller and his contractors shall take all safety precautions famish and install all gourds necessary for the prevention of nccidcnts, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act Of 1970 and all rules and regulations issued Pursuant Ihercm. Revised 03/2010