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HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9112134City of art Collins Date: 04/14/2011 Vendor: 110986 PURCHASE ORDER FORT COLLINS WINLECTRIC CO 1616 RIVERSIDE DR P O BOX 271005 FORT COLLINS Colorado 80527-1005 PO Number Page 9112134 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: 04/14/2011 Buyer: OPAL DICK Note: Per Quote #9009277 (MPF BRAND PVC FITTINGS) Line Description Quantity UOM Unit Price Extended Ordered Price 6541-0645 4" x 90 x 36'. PVC Bend 1363 300 EA 22.8400 6,852.00 BEND, PVC, 4", 90 DEGREE, 36" RADIUS, WALL THICKNESS 0.154" WITH CHAMFERED SPIGOT END (45 DEGREE CHAMFER INSIDE EDGE, 50% OF WALL THICKNESS) AND 4" MIN. DEPTH BELLED END (COUPLING NOT ACCEPTABLE), PER ASTM F-512, DB-120 MPF / PICOMA #MPH9FNB, PER DESCRIPTION; City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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: 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 Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector, of Failure of the Pumhaser in insist Open strict performance of the terms and conditions hereof. fiilnrc or delay To Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights of remedies pmvided herein or by law, failure to promptly notify the Seller in the c%cm of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Scllcr 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 of any right of the damage in transit, may be rearmed to you for credit and arc 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 any such gads, regardless instructions from the City effort Collins. of when shipped. received or accepted, as to any print or subsequent default hereunder, nor shall any purPnrted oat modification Or rescission Of this purchase order by the Purchaser operate as a wrn cr of any of the terms Inspection. GOODS arc subject to the City of Fan Collins inspection on nmval. hncof. Final Acceptance. Receipt of the menhandou, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSr 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 pmcticc. overcharges resulting farm antitrust ACCEPTANCE is dependent upon completion ofn11 applicable required inspection presidiums. violations arc in fact borne by the Purchaser. Theretofore, for gad curse and us consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tells. Shipments most be F.O.P., City of Fort Collins, 700 Wood St-, Fan Collins, CO 80522, unless acquired under federal or state nntitmst laws for such overcharges relating to the Particular gads or services otherwise specified on this order. If permission is given to prepay freight and charge sepamtcly, the original freight purchased or acquired by'the Purchaser fo rsnanl to this purchase orde, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing point in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconfnmming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess f¢ighl will be deducted gram Invnice when Purchaser and the Seller, and the Seller thcrcafier indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be petalled 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 pedormcd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City Of Fan Collins hornless from and against ell liability and lots incurred by them by reason of an asscued or established violation of any such laws. regulations ordinances rules and requirements. Authorization. All panics to this contract agree that the refrescono es arc, in fact, born fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated lu min act forth and any supplementary or additional terms and conditions annexed hereto or incorporated 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 promised delivery date as noted. Time is of the arencc. Delivery and performance must be effected within the time stated on the purchase order and the Lineaments touched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late 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 nFplucing 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 are beyond it, reasonable control and without it fault of negligence. such acts of God, acts ofcivil or military authorities, governmental priorities. fires, strikes, flood, epidemics, wars or riots pmvided 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 Inst by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samplts 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 from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of mm ity. 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 array applicable warranty provided by the Seller net the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defective work done or materials fumishcd by the Seller. Acceptance at use of grad by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase nrdcr, the Sellers liability hereunder ,hall extend to all damages proximately erased by The breach array of the foregoing wamntics or guamntces. but such liability shall in no event include loss of pmfts or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Pumhaeer may make any changes to the Icarus other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate This agrecmcnt 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 Purchaser shall not be liable for any claims for anticipated profits on the uncompleted function of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Scllers standard stock. No such termination shall relieve the Purchaser or the Seller of any of Ihcir obligations as to any good 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. R. 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 good are subject. The Seller shall execute and deliver such document as may be required to effect or evidntce compliance. All laws and regulations required to be incorporated in agreement of this character arc hereby incorporated herein by this micencnec. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result Of the Sellcrs failure to comply with such lase. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, array monies due or to become dam hereunder without the Prior written consent of the other parry. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all cquipmcnt, materials, and items fumishcd in perf caane of this agreement free and clear of any and all lien,, restrictions, reservations, security interest eneumbmnecs and claims of others. The Seller shall MIMIC the Patch ascr and ids can immune, of any tier from all liability and claims of any nature resulting from the performance ofsneh work. This release shall apply even in the event of fault of negligence of the party released and shell extend to the directors. officers and employees of such party. The Scllcr, coma mual abiigotions. including warranty, shall net be deemed to be reduced. in any way, because such work is performed or caused to he 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 hamrlec the Purchaser gram any and nil 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 of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thcrcof or the intended use of the gads, is in such suit held to constitute is grin Cement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its aria, either Procure for the Purchaser the right to continue using said equipment or pans, replace the same with suhstantially equal but noninfringing equipment. or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bnnkmpt. make an assignment gar the benefit of creditors. appoint a receiver or toomc for any Of the Sellers Property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions orients used ar the interpretation of the agreement and the rights of all parties hereunder shall be eonetruod under and governed by the laws of the State of Colmado. USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellcrs RUmesenative s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and uecducd. 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 of Scllcr', men expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for instillation or erection by the Seller. the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or cquipmcnt were being fumishcd by the Seller under the order. IS. INSURANCE. The Seller shall, m his own expense, rmvi(Ie 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 dependent in accordance with the Imes of the state in which the Work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and mnnmobile Public liability insurance with hmlily injury and death limits of at least 5300,0m) for Lay one person. S500.010 for any one accident and pmpeny damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to pmvide forsuch compensation and insurance Before any of the Scliers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance have been provided, Such certificates %hall specify the date When such compensation 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 Scllcr hereby assumes The entire responsibility and liability for any and all damage, Inss or injury ofany kind or routine sclonsoc,er to persons ar property roused by cr resulting from the execution ofihe work provided for in this purchase enter or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchaser aRecr, agents and employees from and ngninst any and all claims, losses dnmagcs, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason array net, action, neglect, omission or default on the pert 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 Purchaser, or its officers. agents or employees at any time on account or by reason crony act. action, neglect. omission or default tribe 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 Scllers awn 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 at their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmPerty of the PurchaseT, or said panics in or as a result of such suits or other Pmceodingc, the Seller will at once cause the same to be dismlccd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions garish and install all guards necessary for The prevention of accidents, comply with all laws and rcindatiorts with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued Pursuant Ihcmto. Rm,i,ed 03/2010