HomeMy WebLinkAbout110986 FORT COLLINS WINLECTRIC CO - PURCHASE ORDER - 9145313Fort Collins
Date: 09/15/2014
PURCHASE ORDER
Vendor: 110986
FORT COLLINS WINLECTRIC CO
1616 RIVERSIDE DR
P O BOX 271005
FORT COLLINS CO 80527-1005
PO Number Page
9145313 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 09/12/2014 Buyer: PAT JOHNSON
Note:
Vendor Information:
Pricing and Delivery information provided by: Ron Bauer / Per Quote #9009277
(MPF Brand PVC Fittings)
Please fax Purchase Order to Ron Bauer @ Winlectric and one to Material Control.
Thank you,
,Line Description "f1°""`y UOM Unit Price cxcenueu
Ordered Price
6541-0645 600 EA 22.8400 13,704.00
4" x 90 x 36" PVC Bend
13B3
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
PER DESCRIPTION;
MPF#MPH9FNBT
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
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.mm
PO Number Page
9145313 2of3
This number must appear
on all invoices, packing
sli s and labels.
MIT, Kill]
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 3 of 3
1. COMMERCIAL DETAILS.
Tax eaemprions. By image the City of ran Collins is exempt frvm $rate and local axes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60(1 is regimered with the Collector of
Failure of the Purchaser to insist upon strict Perfomurnce of the From, and conditions Former failure or delay to
Internal Revenue, Dmm'a. Colorado (Ref Colorado Revised Sramtes 1973, Chapter 39-26,114 (a}
am cim any rights an remedies provided herein or by law, failure to promptly notify Me Seller m to event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not releau the Seller of
Goods R pared. GOODS REJECTED due to failure Ins meet specifications, either when shipped or due to defects of
any of the warranties or obligafiotss of Min purchase order and shall nmf he deemed a waiver of any right of the
damage in transit. may be rearmed to you for credit and ere not to he replaced except upon receipt of written
purchaser to insist upon strict performance hermfor any of its rights or remedies in to any such goods, regardless
imtrvctions from the City of Fan Collins.
of when shippal, received or accepted, as to any prior or subsequent default hereunder, nor shall any p aimed
oral modi 0cation or resciasion of this pracham order by the Porchuer opemm as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response be this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fon Collins. Howevq it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, o emharges resulting am. antitrust
ACCEPTANCE; is dependent upon completion of all applicable required inspection procedures
violations are in fact home by the Purchaser. Theretomrs, lot 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 Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Fort Collins, CO 80522. unless
acquired under federal or state antitrust laws For such overcharges relating to the particular goods or services
otherwise specified on this order. lfpennission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchase, cement m this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufazturers have distribming points in various pans of Me country, shipment is
If Me Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected fmm the internal distribution point to destitution, and excess freight will W deducted form Invoice when
Purchaser end the Seller, and the Seller thereafter indicates its Usability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to be Performed by to most expeditious mates available W it, and the Seller shall pay all
cram.—i.am with nmh wm4
Permian. Sella shall procure at sellers sole cast all era., paeans, cenificates and licenses required by all
applicable laws, regulations, conclusions and rules of the sure, municipality, territory or political subdivision where
Me work is performed, or required by any other duly announced ed public authority havingjurisdiction m'a the work
of vendor. Seller mother agrees to Mld Me City of Pon Collins harmless fmm and against all liability and loss
incurred by them by reason arm asserted or established violation of any such laws, regulations, conclusions, mles
and requirements.
Aulhemation. All parties to this contract agree that the representatives art, in fact, bona fide and possess full and
complete mthority to bind said Amiss.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
rererence. Any additional or different terns and conditions proposed by seller are objected to and hereby r jeered.
2. DELIVIiBY.
PLEASE ADVISE PURCHASING AGENT immediately il'yeu cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated an the purchase order and the docummms attached bacon. 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,
Me Purchua shall have, in addition to other legal and equitable remedies, the option ofplacing [his order elservhere
and holding Me Seller liable for damages. However, the Serer shall not be Gable for damages ss a result of delays
due to causes not reasonably foreseeable which are beyond is reasonable normal and without is fault of negligence,
such acts of God, acts ofcivil or military mano ricks, gmemancnml priorities, fires, strikes, flood epidemics, wars or
hots provided that trotice of the conditimrs 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. Me date of delivery shall i,
external for Me period gnat to the time actually bar by reason ofine delay.
3. WARRANTY.
The Seiler warrants thin all gavels, articles, materials and work covered by this order will amount with applicable
drawings, specifications, samples and/or other descriptions given, will c 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 hatless man 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 (q year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (mceprance not to be unrwserably delayed), resulting fm imperial
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Putchuer shall not
institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately camel by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of pmfirs br 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 terms by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the lams, other from legal terms, including additions m or delaiom firm
the quantities originally ordered in the specifications or drawings, by verbal or wrinm clung, order. If any such
change mf<u the amount den or Me time of performance hereunder, an gilitable adjustment shall he made.
6. TERMINATIONS.
The Purchua may at any time by wrirtm change other, termirem this agreement as to any or all ponium of the
goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in
progress provided that the Purchsser shall not be liable for any chime for anticipated profits on the uncompleted
portion of the goods maker work, for incidental or consequential damages, and that no such adjustment be made in
Liver of the Sella will, msyma ono any Goods which ism the Scllcrs standard stork. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be rssmed within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wmrans that all goods sold hereunder shall have been produced, sold, delivered and fmished in stria
ompliance wit all applicable laws and regulations to which the goods are subject. The Seller stall execute said
deliver such documents as may be required to chat or evidence compliance. All laws and regulations rquirN b he
incorporated in agreements of this character are hereby incotpmated herein by this reference. The Sella aqurae m
indemnify and hold the Purchaser bmmlesz from all cosy and damages suffered by Me Purchaser as a result of the
Sellers failure to comply wit such law.
9. ASSIGNMENT.
Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without Me
prior written consmr of the other pang.
10. TITLE.
The Seller warrants full, clear and unratneted title to the Purchaser for al I ala ;parent, materials, and items finished
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 Purchases and its ambitious of any tia fmm all liability and claims of my nature
resulting from the Performance insight work.
This calcium shall apply even th the event of fault of negligence of the parry, released and $bull extend has the
directors, officers end employees ofarmh party.
The Seller's commercial obligations, including warranty, shall not be deemed to he reduced, in any way, because
such work is Performed or caused m be, performed by the Producer.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or prowess covered by letter, patent, trademark
r copyrighi, the Seller shall indemnify and save hermless the Purchaser from any and AI 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 cast, 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 thereof or the intended use of the goods, is in suclt suit held to constitute infringement and Me use of
said equipment or pan is enjoined, the Seller shall, at is awn expense and at is option, either procure for the
Purchaser the right to continue using said gaipment or parts, replace the same with substantially equal but
noninMnging quipment, or modify it so it becomes mainGnging.
15. INSOLVENCY.
If the Seller shall become number? er? or bankrupt make an assignment for the benefit of creditor, official a
receiver or trustee for my of to Sellers property or bosimsen. this order may foMwith he canreled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of temp used or the interpretation of the agreement and the rights of all panic heremder shall be
composed under and gavemed by the laws afthe State ofColomdo, USA.
The following Additional Conditions apply only in cams where the Sella is to perform work hereunder,
including the services of5ellers Reptaxorativex, an the premises of others.
12. SELLERS RESPONSIBILITY.
The Seller shall cony on said work or Sellers own risk it the same is fully contradicted and accepted, and shall,
in case of any accident, destruction or injury he the work mother materials before Seller's from completion and
acceptance, complete the work at Sellers own expense and to the satisfaction or Ire Pmchawr When materials
and equipment arc famished by others for installation or nation by the Seller, the Seller shall receive, unload,
state and handle same at the sins and became mat muible therefor as though such meadals and/or quipmem
were being famished by the Seller under the order.
18, INSURANCE.
The Seller shelf at his own expense, provide for the payment of workers comparmant, including occupational
disease benebs, to is employees employed an or th comeaim wit the work covered by this purchase ardor,
rat to their dependents in accordance with the laws of the sure in which Me woks is w he done. The Sella
Mail also wiry compreherene general liability including, but but limited to, coatmctttal and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for my one Person, 5500,000 for any
one accident and pmpmy damage limit Per accident of 5400,", The Sella shall limasom require his
commcrors, Hany, to provide fro such compensation and insurance. Before any of the Sellers m his contractors
employees $lull do any work upon the premises of others, the Seger shall famish the Fumhamr wit a certificate
that such compensation and insurance have been provided. Such cenlficaes shall specify Me date when such
compensation and insurance have been provided. Such certificates shall specify Me date when such compensation
and insurance expires. The Seller agrees that such compensmian ..it insarunce shall be mairouned until age, he
entire work is completed and accepted.
19. PROTECT ION AGAINST ACCIUEN r S AND DAMAGES.
Th. Seller hereby assumes the entire respa xnality and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofhe work provided for in
this purchase order Or in connection herewith. The Sella will indemnify and hold hamJas the Pmchua and any
r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether shown or indirect, aad whether to persons or progeny m which the Purchmer may
he pul or subject by reamer of any act, action, negla,, omission or default on the part of the Seller, arty of his
comaaors, or any of Me Sellers or contractors officers, agents or employ«$. In has any suit or other
proceedings shall be brought against Me Pmchuer, or is officers, agents or employees many lime on account m
by reason of any act, action, original, omission or default of the Seller of any of his comments or any of is or
their officers, agents err employees as of re$aid, the Seller hereby agrees to assume the den therm( and u
defend the same at Me Scllcrs mxa expense, to pay any and all vests, charges, atromeys fees and other expenses.
any and all judgmma that may c incurred by or obtained against Me Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim he placed upon or
obtained against the property of the Purnell or said parties in or as a result of such suit or other proceedings,
the Seller will at once cause Me same to be dissolved and discharged by giving bond or otherwise. The Seller and
his mntracrors shall cake all safety precautions, famish and imull all guards newerry for the prevention of
accidents, comply with all laws and regulations with regard m safety including, but without limitation, be
Occupational Safety and Health An of 1970 and all roles and regulations issued pursuant Memo.
Revised 09R014