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HomeMy WebLinkAbout111565 WYLACO SUPPLY COMPANY - PURCHASE ORDER - 3215276Fort Collins Date: 01/1312015 Vendor: 111565 WYLACO SUPPLY COMPANY 315 VALLEJO STREET DENVER CO 80223-1013 PURCHASE ORDER PO Number Page 3215276 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Misc. supplies 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 1 LOT LS Total 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 statute the City of Fart Collins is exempt from state and local axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtums 1973, Chapter 39 26, 114 (a). Gods Rejected. GOODS REJECTED due to failure to meet sped ficatiws, either when shipped or due to defects of damage in transit, may be returned to you for credit and we not to be replaced except upon receipt of wdten insovaions from the City of Fort Collins. Impaction. GOODS are subject to the City of Fort Collins inspection an arrival. Final Acceptance. Receipt of the meachoubw, services or equipment in response to this order can result in authorized paymm, on be pm of the City of Fort Collins. However, it is w be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required wspedim procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless Otherwise specified on this order. If permission is given m prepay freight and charge sepamrely, the original freight bill most wearisome invoice. Additional chances for parkin¢ will nut be accepted. Shipment Distance. When manufacturers have dionbning points in various pans of the country, shipment is expected from be nearest distribution in, W destination, and excess freight will be deduclW from Invoice when shipments are made from greater distance. Permits. Seller shall procure in sellers sole cost all nmesmry permits, mrificates add licema rcouird by all applicable laws, regulations, ordinances and In, of be sum, municipality, territory or political subdivision where be work is performed, or required by any other duly constituted public authority having jurisdiction over be work of vender, Seller further agrees ro held the City of Fart Collins harmless from and against WII liability and loss incurred by them by reason of an asserted or established Aelnian of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full aM complete audit to bind said parties. LIMITATION OF TERMS. This pur<hme Under expressly limits mceprmce to be terms and condoned sorted herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terra and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date in notedlime is of the essence. Delivery and performance must be effected within the time aimed an the purchase order and the documents ataclted hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Purchaser shall base, in addition to other legal and equitable remedies, the option of placing this order elsewhere end holding be Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to muses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such arm of Gad, acts olden or military authorities, gmemmeaal priontiss, fires, sonars, flood, epidemics, wars or nos provided bat notice of be conditions coming such delay is given to be purchaser within five (5) days of be time when be Seller first received knowledge thereof. In be event of any such delay, the date of delivery shall be extended for be period equal to be time actually lost by reason ofbe delay. 3. WARRANTY. The Seller warmts that all goods, articles, mmerials and work covered by this order will conform with applicable drawings, specifications, complex major other descriptions given, will be fit for the purposes intended, and performed with be highest degree of can and competence in accordance with accepted sundrds for work of a similar rmure. The Seller agrees to hold be purchaser harmless from any loss, damage or expense which be Purchaser may sufferer incur on mcount ofbe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o be purchaser, my di fcts or faults easing within one (1) year or within such longer proud of time as may be prescribed by law or by be terns ofany applicable warranty pmvkd A by be Seller after he dam of acceptance of be good famished hereunder (accepance not to he trmeaxnsbly delayed), resulting from imperfect or defective work done or materials fum66ed by be Seller. Acceptance or use of goods by be Purchaser shall not omtimm a waiver of any claim coder this warranty. Except or otherwix provided in this purchase order, be Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 ants by wdtm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes or, the tams, other them legal tams, including additions to or deletions from the quantities originally ordered in the a serifrations or drawings, by veNal tar written change order If any such change affects be amount due or the time ofperfomsxne hereunder, an equitable adjmtmetn shall be made. 6. TERMINATIONS. The Purchaser may at any tithe by w iffen change order, lembow, his agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods m1Vor work, for incidental or consequential dmrges, and but no such adjustment be made in favor of the Seller with rupees to any goods which m the Sella smndrd stock. No such termination shall relieve the Purchaser or the Seller ofany of heir oblilemord, as to any goods delivmmd hereunto. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be aver ed within bury, (30) di from be doe be change or tcmmmum is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, cold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler shall execute and deliver such documents as may be required w affect or evidence compliance. All laws and regulations required to be incorporated in agreements of this customer are hereby incorporated herein by his reference. The Seller agrees to indemnify and Imld be purchaer harmless from all costs and damges suffcnd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pat shall assign, member. or convey this order, or my monies due or to become due hereunder wihow be prior wntm consent of be other parry. 10. TITLE. The Seller warrants full, clear and unrmtdcted 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 when. II. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and brougham hereof, failure or delay an exercise rights or remedies provided herein air by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment fur goods hermnder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon sour performance hereof or my of its rights or remedies as to my such goads, regardless of whim shipped, received or accepted, m to any prior or subsequent default hereuMer, nor shall any purported anal modification or rescission of this purchase order by be Purchaser operate as a waiver of my of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be purchaser recognize but in scuW economic practice, overcharges resulting from antitemt violation are in fact home by the Purchase, Thereftone, for ngoad cotau and as consideration for executing this purchase order, be Seller bemby assigns to the purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by be Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Uthe Purchaser directs be Seller to correct nonconf ing or defective good by a date to be agreed upon by the Purchmer and be Seller, and be Seller therwner indicates its inability or unwillingness to comply, be Purchaser may muse the work to be performed by be most expeditions means available to it, and be Seller shall pay all casts aasaritand with such work. The Sadler shall release be Purchaser and its contractors of any tier from all liability and claims of any nature .,Ohio, form he pert ace fsuch work. This release slmll apply even in the event of fault of negligence of he party released and shall extend to the directors, olfcers and employees of such party. The Sellers 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 nqui d to arse any design rhyme, material or prasess covered by later, patent, trademark or copyright, be Seller shall indemnify and save homeless be purchaser from any and all claims for infringement by reason of be use of such patented design, device, material or process in connection with the customer, and shall indemnify the Purchaser for ony cost. expense or damage which it may be obliged to pay by reason of such infringement at any time dung the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the grand, 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 parts, replace the same wib substantially equal but noninfringht, equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become involved or lomm up , make on assignment fur the benefit of crediwrs, appoint is receiver or ormom for my of be Sellers property or businces, this anchor my forthwith be crowded by be purchaser without liability. 16. GOVERNING LAW. The definirinm of,,. used or the ireterPreution ofbe agreement and the rights ofall parties hereunder shall be consumed under and governed by the laws of the State ofColomdo, USA. The hollowing Additional Conditions apply only in cases where the Seller is w perform work hmmunden including the services ofSellm Re,pbo nutive(s), on be promises ofodmrs. H. SELLERS RESPONSIBILITY. The Seller shall carry on sod won in Sellers own risk until the same is fully completed and accepted, and shall, in cox of any acndent, destruction or injury w be won anNm matenak before Sellers final completion and acceptance,.,I.e the work 91 Sellers own expem, and to be satisfaction of the Friedman. When mmenals and equipment we fumshed by others for installation or raccoon by the Seller, be Seller shall receive, ur lad, store and handle some at be site and become responsible therefor as though such materials major 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 benefits, to its employees employed on or in comenlan with the won cm'ered by this purchase order, motor to their dependmrs in mcordance with be laws of the stale in which be won is 0 be dote. The Seller shall also carry comprehe siv, gmenl liability including, but not limited to, mnim and aurumobile public liability imueunce with bodily injury and death limit of at least S30O.11na fine any on, person, 5500,00o for ony onc accident it poperty damage limit per accident of S400,000. The Seller shall likcw'ise require his enmractaa. if any, to provide for such compensation and imurence. Before my of be Sella or his contractors employees shall do any work upon be premises of orhers, be Seller shall famish be Purchaser, with a cenifiecte that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after be .it. work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby maromm the critics ors,fisibility and liability for my and all damage, loss m injury ofmy kind or nature whomsoever ever to persons or properly caused by or resulting 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 be Pu aftem s officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, wbMer direct or indirect, and whether to persons or property w which the Purchaser may be put or subject by reamn of any act, action, neglect, omission or default on be pan of be Seller, any of his ontnadors, or any of be Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, arc its alfcers, agents or employees at any time an account or by reason of any act, action, neglect, omission or default of be Seller of my of his contractors or any of its or their offlcm, agents or employees as aforesaid, be Seller hereby agrees to assume the defense thereof and ro drfetd the some at be Sellers a. exhume, to pay any and all coda, charges, anomeys fees and aber expenses, my and all judgmms but may be incurred by or admitted against be Purchaser or my of its or their nlEcers, agents or employees in such suits m other pro sisfi ,and in cane judgment on other lim be placed upon or Obtained against be property of the Purchaser, or said ponies in or as a result ofsuch suits tar Whom, proceedings, he Seller will in once come he same to be dissolved and discharged by giving bond or otherwise. The Seller and his commetors shall take all safety proecutors, famish sad install all guard necessary, for he prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all males and egulations issued pursnant thereto. Revised 07a014