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HomeMy WebLinkAbout102556 CONSOLIDATED ELECTRICAL - PURCHASE ORDER - 9117086City of /11".,Fo�rt Collins PURCHASE ORDER i PO Number Page 9117086 1of3 This number must appear on all invoices, packing slips and labels. Date: 11/30/2011 Vendor: 102556 Ship To: UTILITY SERVICE CENTER - WA CONSOLIDATED ELECTRICAL CITY OF FORT COLLINS DISTRIBUTORS INC 700 WOOD ST 1717 HEATH PARKWAY FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80524 �A�e= 30� - UtL Ik � II kh V-emd KA I.0,1A Delivery Date: 11/29/2011 Buyer: OPAL DICK Note: Vendor Information: C E D / Enduro Pricing and Delivery information provided by: Kendra Coleman @ C E D Rexel Ryall - No Response Crescent Electric - No longer handles Enduro Products. Line Description Quantity Ordered UOM Unit Price Extended Price 1 6555-0984 30 EA 185.5100 5,565.30 28" cable tray bracket 13E3 CABLE -TRAY -BRACKET, 28" OVERALL LENGTH, 480 LB. ALLOWABLE LOAD ENDURO, SR1-24P; Pricing and Delivery information provided by: Kendra Coleman @ C E D 30 @ 185.51 = $5565.30 Delivery - 2 TO 3 WEEKS ARO 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@fogov.com Total Invoice Address: .30 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 911708er Page C117/ Of///��� 9117086 2 of 3 Flirt Collins This number must appear / �J`' ` ` on all invoices, packing slips and labels. 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, Fart Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state umt local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registy 84-6000587 is rcgistemd with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 acccptanec ofor payment for grads hereunder or approval ofthe design, shall not release the Scllerof Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be dttmcd a waiver ofany right ofthe damage in transit, may be reamed to you for credit and arc not to be replaced except upon receipt of wrine. purchaser to insist upon strict performance hcrrofor any of its rights or rcmedus as to any such goods, regardless instructions from the City of Fort Collins. 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 ofany of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA IMS. authorized payment on the pan of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form mniwst ACCEPTANCE is dependent upon completion of all applicable squired inspection procedures, violations are in fact borne 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 raw have or herealler Freight Terms. Shipments must be F.O.B., City of Tom 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 sp,eificd no this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipmenl Distance Where ....roomette. have distributing points in various pats of the country, shipment is If the Puahascrdirects the Seller to correct nonconforming or defective goods by a date to be agreed upon by the espetd from the nearest distribution point to destimation, and excess freight will be deducted from Invoice when Purchaur and the Seller, and the Seller thereatler indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed 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 sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rols of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability used loss incemcd by them by remon of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorisation. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teme, and conditions stated herein set forth and any supplementary or additional « mu and conditions annexed hereto or incorporated herein by reference Any additional or different terra and conditions proposed by xller 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 ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance of pumul Ire 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 rcmedis, the option ofplacing this order elsewhere and holding the Seiler liable for damages, Howes er, the Seller shall not be liable for danmges as a result of delays due to causes not reasonably foresccublc which are beyond its reasonable control and without its fault of negligence, such acts of God, acts fcivil or military authorities, governmental priorities, fires, strikes, hood, epidonies, wars or riots provided that notice of the conditions coming such delay is given to the Purcbaser within live (5) days of the time wbcn the Seller fin, received knowledge thereof. In the event of any such delay, the date of del ivory shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purpu,es intended, and performed with the highest degree of cue and competence in accordance with accepted standards for work of u 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 ofthe Sellers breach of wammnty. The Seller shall replace, repair or make good, without cost to the purchase,. any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by lase 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 front imperfect or defective cork done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this ve'armty. Except as, otherwise provided in this purchase order, the Sellers liability. hereunder shall extend to all danmges proximately caused by the breach of any of the foregoing warranties or guamnt cs, but such liability shall in no event include Russ ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may nuke changes to legal terns by written clangs order. 5. CHANGES IN COMMERCIAL TERMS. I'Ile Parehncr may make any changes to the temu, other than legal terra, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or winter change order. If any such change afiects the amount due or the time ofpsurficarrance hereunder, an equitable adjustment shall Ix made. 6. TERMINATIONS. 'I he Purchaser may at any time by written change order, leurinate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bowcoo the panics as to any work or materials thorn in progress provided that the Purchaser shall not be liable for any claims Im anticipated profits on the meonmpleted 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 are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcir obligations as to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days farm the date the change or temtination is ordered. 8. COMPLIANCE WITH LAW. The Seller warants 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 h required to d leer 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 Purchmcr harmless from all costs and damages suffered by the Purchaser as a result ofthe Scllcrs 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 ofthe other puny. 10. TITLE. The Seller ,annual, full, clear and unrestricRd title to the Purchaser for all equipment, materials, and items Famished in performance of this agreement, fine and char of any and all liens, restrictions, res,reations, security interest encumbrances and claims f.the,. The Seller shall release the Pumhascr and its contractors of any tier from all liability and claims of any nature resulting tram the performance ofsuch work. This release shall apply ern in the event of fault of negligence of the party released and shall extend to the directors, ofticus and cnnployees ofsuch party. The Seller's contractual obligations, including wanunty, 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. Where.. the Seller is required to use any design, dew ice, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless 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 to pay by reason ofscb 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 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 pant, replace the sane with substantially equal but noniniiinging equipment, or modify it so it bwonncs nonintiinging. 15. INSOLVENCY. If the Seller shall become hool'cm 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 definition oftemms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe Sate ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scry ices of Sellers Represenutive(s), on the premises of others. 17, SELLERS RESPONSIBILITY. 'the Seiler shall cart}on 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 Seller's trial completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, ,lure and handle some at the site and become responsible therefor as though such materials and/or equipment were being burnished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational disease bcnclits, In its cnoployees employed fin 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 also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m (cast S300,000 for any one person, S500,000 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 aad insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall tomish the Purchaser with a ceni ticate that such compensation and insurance have been provided. Such cenificats shall specify the date when such conpenvrtioa aad insurance have bcem provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and romance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. l'he Seller hereby assumes the entire responsibility and liability for any and all damage, fuss or injury ofany kind or nature whatsoever to persons or property caused by or resulting main the execution ofthe wort: provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold hur iless the Purchaser and any or all of the Purchasers officers, agents and employees from and against uny and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to person or property to which the Purchaser may be put or subject by mason 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 officers, agents or employees In case any suit or other proceeding, shall be brought against the Purchaser, or is officer, 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 of iccis, agents or employees as aforesaid, the Seller hereby agrees to as une the defense thereof and to defend live sane an the Sellers over expense, to pay any and all costs, charges, attorneys Pecs and other expenses, any and all judgments flat nnay be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suit, 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 result ofsuch suits or other proceedings, the Seller will at once can, the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and insall 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 eels and regulation issued pursuant theism. Revised 03/2010