HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9112581PURCHASE ORDER PO Number Page
City of 9112581 1 of 3
6rthis number must appear
Collins1 1 on all invoices, packing
slips and labels.
Date: 05/05/2011
Vendor: 110986
FORT COLLINS WINLECTRIC CO
1616 RIVERSIDE DR
P O BOX 271005
FORT COLLINS Colorado 80527-1005
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
►- 0K.. Von
Delivery Date: 05/05/2011 1 - Buyer: OPAL DICK
Note: Per Quote #9009277 (MPF PVC Fittings)
Per Ron Bauer @ Ft.Collins Winlectric
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6535-0580
2" x 45 x 36" PVC Bend
09A3
150 EA 8.7500 1,312.50
BEND, PVC, SCHEDULE 40, 2", 45 DEGREE, 36" RADIUS, WALL THICKNESS 0.154 , WITH CHAMFERED
SPIGOT END
(45 DEGREE CHAMFER INSIDE EDGE, 50% OF WALL THICKNESS) AND 2" MIN. DEPTH BELLED END,
(COUPLING NOT ACCEPTABLE)
MPF / PICOMA, PER DESCRIPTION;
MUA7FJB
2 6535-0584
2" x 90 x 18" PVC Bend
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
200 EA 8.0500
Invoice Address:
1,610.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City Of 9112581 2 of 3
` This number must appear
F6rt
Collins
" on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
09C3
BEND, PVC, SCHEDULE 40, 2", 90 DEGREE, 18" RADIUS, WALL THICKNESS 0.154", WITH CHAMFERED
SPIGOT END
(45 DEGREE CHAMFER INSIDE EDGE, 50% OF WALL THICKNESS) AND 2" MIN. DEPTH BELLED END
(COUPLING NOT ACCEPTABLE)
MPF / PICOMA, PER DESCRIPTION;
MUA9CJB
3 6541-0625
4" x 45 x 36" PVC Bend
13A2
150 EA 16.1600 2,424.00
BEND, PVC, 4", 45 DEGREES, TYPE DB, 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, PER DESCRIPTION;
MPF7FN
Total
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt firing state and local taxes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certifcate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
GoeAS Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict perfommncc of the moons and conditions hereof. failure or delay to
exercise any rights or remedies provided herein or by Inv, failure to promptly notify the Seller in the event of a
breach, the a.cptanec ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the .amntics or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hercefor any ofits rights or remedies ns to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported
coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents
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 part of the City of Fort Collins. Hooexvca it is to be understood that FINAL Seller and the Purchaser recognize that in acttml economic practice, overcharges resulting From amitmst
ACCEPTANCE is dependent upon completion of all applicable required inspection proadurcs. violations are 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 hereafter
Freight Tells. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fog Collins, CO 90522, unless acquired under federal or state munrosl 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 mro uanl In this purchase order.
bill must accompany invoice, Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers have distributing points in various pans 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 fmm the nearest distribution point to destination, and excess (might will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made fmm greater distance. may cause the work to be perfomw by the most expeditious means available In it and the Seller shall Pay all
costs associated with such work.
Permits. Seller shall procure, at sellers sole cost all necessary permits, ecnificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subilk king where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller higher 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, mi.
and requirements.
Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and posses full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein sit forth and any supplementary or additional term and conditions annexed hereto or incorporated herein by
refacna. Any additional or different term and conditions proposal by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment To arrive no your
promised delivery date as noted. Time is oftbc essence. Delivery and performance must be effected within The Time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance offumial 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 ofplacing this order elsewhere
and holding the Seller liable for damages. Howcvcr, the Seller shall not be liable for damages ere a result of delays
due to causes not reasonably fnrcsecable which are beyond its reasonable control and without its fault of negligence.
such acts of God, acts of civil or military authorities, governmental priorities, fins, strikes, flood, epidemics, wars or
dots provided 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 del ivory shall be
extended for the pcdod equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawing, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care 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 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
time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver orally 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 of any of the foregoing warranties
or guamntees, but such liability shall in no event include loss of profits 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 lams by written change order.
5. CHANCES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal tams, including additions to or deletions fmm
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 of performance hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order. terninate this agreement a to any or all paintings 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 and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall rel tevc
the Parclumcr or the Seller of any of their obligations as to any goods del ivcred 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 %anions that all goods sold hereunder shall have been produced, sold, delivered and furnished in stria
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 harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such Imo.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become doe hereunder without the
prim written consent of the other parry.
10. TITLE.
The Seller warrants 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 fmm all liability and claims of any nature
resulting from The performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because
such work is performed 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 hornless 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 In pay by reason of such
infringement many 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 cgnipment or part 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 with substantially equal hnr
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
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 property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation oflhc agreement and the rights ofall parties hereunder shall be
construed under and governed by the laws ofthe State of Colomdo. USA.
The following Additional Conditions apply only in cases where the Seller is In perforn work hereunder,
including the services of Scllcrs Representative(c), on the premises ofolhers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work m Sella'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 Seller's final completion and
acceptance complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc fumishcd by others for installation or crcction by the Seller. the Seller shall receive unload.
store and handle same at the site and become rcspnnsiblc therefor as though such materials and/or 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 connection with the work covered by this purchase order,
and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Scllcr
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insular. with bodily injury and death limits of at least S300,IN10 for any one person. S500J00 for any
one accident and property damage limit per accident of S400.000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insumnce. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others. the Seller shall furnish the Purchaser with a catificste
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have ban 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 the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsihility and liability for any and all damage, loss or injury of any kind
Or nature whatsoever to persons or property, caused by or resulting fmm the execution of the work provided for io
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers oRcers, 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 oRcers, 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 of any 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 oforesaid, 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 officers,
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 parties in or as a result of sneh suits or Other proceedings,
the Seller will at once attic 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 laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all odes and regulations issued pnrmant thereto.
Revised 03/2010