HomeMy WebLinkAbout102556 CONSOLIDATED ELECTRICAL - PURCHASE ORDER - 9121758City of
art Collins
Date: 03/23/2012
Vendor: 102556
CONSOLIDATED ELECTRICAL
DISTRIBUTORS INC
1717 HEATH PARKWAY
FORT COLLINS Colorado 80524
PURCHASE ORDER
PO Number Page
9121758 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: 03/23/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
6771-8149 1500 RL 3.6900 5,535.00
1 1/2" Scotch Tape 3M #88
16Q3
TAPE, #88, SCOTCH, 1 1/2" X 44' X .0085"
3M, ;
Kendra Coleman Cat CED
C3. Oi'1a.�4Q J�
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
Total
Invoice Address:
$5,535.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions He statute the City of Fort Collins is exempt from state and local ores. Our Exemption Number is
98-01502. Federal Excise Tax Excerption Certificate of Registry 84-0)00587 is registered! with the Collector of
Internal Rcccnuc, Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Grand, Rejected. GOODS REJECTED due to failure to meet spai fieation,. either when shipped or due In defects of
damage in transit. may be resumed to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on nrriva
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to
exercise any rights or remedies rmwided herein or by law, failure to promp0y notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design. shall not release the Seller of
any of the warranties or obligations of this purchase onler and shall not be darted a waiver of any right of the
pnrchaser to insist upon .strict performance hermforany of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent defmdt herender, nor slmll any purported
nnl ntolirication or rewissinn of this purchase order by the Porehascr operate as a waiver of any of the terms
Immof.
Final Acceptance. Receipt of the me¢handise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authortes payment on the part of the City of Fort Collins, However, it is to be understood that FINAI, Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bomc 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 Terms. Shipments must be F.O.N.. City of Fort Collins, 700 Wood St.. Fan Collins, CO 90522. unless acquired under TedcoI or state antitrust Imes for such mcrcharges relating to the particular grads or services
otherwise specified on this order. If permission is given to prepay freight and charge separately. the original freight purchased oracquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges far packing will not be accepted.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where monufrcomes have distributing points in various pant of the country. shipment is Ifthe Purchaser directs the Seller to correct nonconforming or dcfcctis'c grads by a dnlc to he agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted firm Invoice when Purchnscr and die Seller.and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments me made Tram greater distance. may cause she work to be performed by the most expeditious means available to it. and the Scllcr shall pay ell
costs nssocimcd wish such work.
Permits. Seller shall procure at sellers sole cost all necessary remiss, certificates and liccnscs required by all
applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public malsority, having jurisdiction steer the work
of vendor. Scllcr further agrees to hold the City of Fort Collins hamlcss form and against all liability and In.¢
incurred by that by reason of an asserted or established vinlation of any such Inns, regulations, ordinances. odes
and requirements.
Authorimtio s. All parties to this concoct agree that the representatives are. in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to she terms and conditions stated
herein sd forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional or differem terms and conditions proposed by seller are abjawd to and hereby rejected.
a_. 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 essence. Delivery and performance must be effected within the time
stated on the purchase order and she documents attached hereto. No acts of the Purchasers including. set thent
limitation, acceptance ofpenial laic deliveries, shall opcmtc as a waiver of this provision. In the event ofany delay.
she Purchaser shall have, in addition to other legal and equitable remedies, the option ofidming 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 forcsecablc which are beyond its reasonable control and without its fault ofncgligcoce,
such act, of Grid, acts of civil car military authorities, governmental priorities, fires, strikes, Rased, epidemics. wars or
riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the
time when the Seller first received knowledge thereof. I the event of any such delay. the date of deliary shall be
extended for the penal equal to the time actually lost by reason of the delay.
3, WARRANTY.
The Seller wemnts that all goad, artidcs, materials and wed covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given. will he Fit for she purliow,, intended, and
performed with the highest degree of care and competence in accordance with accented standards for work of a
similar nature The Seller agrees to hold the purchaser harmless front any loss damage or expense which the
Purchaser may suffer or incur on account of she Scllcrs breach of wamnty. The Seller shall replace, repair or make
good, withom cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of
time as may he prescribed by law or by the term of any applicable warranty provided by the Scllcr ana the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting front imperfect
or deketive work done or materials famished by the Seiler. Acceptance or use of goods by the Pumhascr shall not
constitute a waiver Many claim under this warnnty. Except as mhervise pmvidcd in this purchase order, the Sellers
liability hereunder shall extend to all damages pmxim uncle caused by the breach of any of the foregoing wamntics
or guzmmces, but such liability shall in no event include loss of profits or loss infuse. NO IMPLIED WARRANTY
OR MF,RCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tents by written chance order,
5, CHANGES IN COMMERCIAL. TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the ovorfu y originally ordered in the sneeifieniinns or dnswings, by verbal o written ehanye order. If any inch
change affects the amount due or the time ofrerfnrmana hereunder, an equitable adjustmcnt shall be music.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
good then net shipped, subject to any equitable adjustment her cen the panics us to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated pmfsts on the uncompleted
portion of the goods endlor work. for incidental or consequential damages. and that tin such adjustmcnt be made in
Faint of she Seiler with respect to any good which am the Sellers standard stock. No such termination shall relieve
the Purchnscr or the Seller of any of their obligations as to any goods delivered hereunder,
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within shirt, (30) days form the date the change or tionamation is
ordered.
A. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, sold delivered and furnished in strict
compliance wish all applicable Inv, and regulations to which the goods arc subject. The Seller shall execute and
deliver such document as may be required to effect orevidenee compliance. All laws awl regulations required to be
incorporated in agreements of this character arc 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 law.
9. ASSIGNMENT.
Neither party.shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prim written consent of the other parry.
10. TITLE.
The Seller wroumy full. clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, rescnations, scanty interest
encumFrances and claims ofcthcm.
The Seller shall release the Purchaser and its contraries, of any tier from all liability and claims of any nature
resulting from the performance el'such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees of sech party.
The Seller's contmchtal obligations. including warm. am. shall not he damcd to be reduced, in any sway, because
such work is perforated or caused to be performed by the Purchaser.
14. PATIENTS.
Whenever the Scllcr is required In use tiny design, device, material or process covered by letter, patent. trademark
or copyright, the Seller shall indemnify and sate hnnrless the Purchaser from any and nil claims for infringement
by reason of the use of .such patented design, device, material or pmccss 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,uch
infringement at any time during the prosecution or alter the completion of the work. In ease said equipment, or
any part 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, st its own expense and at its option, either procure for the
Purchnscr the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it baomes noninfringing.
15. INSOLVENCY.
If the Seller .shall become insolvent at hankrups, make an assignment for she benefit of emfiters. appoint a
receiver or trustee for any of the Sellers property or busi mess, this order may forthwith be canceled by the
Purchaser witheal liability.
It,. GOVERNING LAW.
The definitions of lane used or the interpretation ofthe agreement and the right ofall perlies hereunder shall be
construed under and governed by the laws of the Stale of Colorado, USA.
The fallowing Additional Conditions apply only in cases whac the Seller is to perfmn work hcrcunder.
including the services of Scllcrs Representasiec s), on the premises Mothers
17. SELLERS RESPONSIBILITY.
The Scllcr shell carry on said work of Seller's own risk until the same is fully completed and accepted, and shall,
in ease of any aceidcnt. destruction or injury to the work and/or materials Mom Scllcrs final completion and
acceptance, enmplete the work at Sellers own expense and to the satisfaction of the Purchase,. When materials
and equipment are Finished by others for installation or erection by the Seller. the Seller shall raciwe, unload,
.store and handle same at the site and bearm responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
IS. INSURANCE.
The Seiler shill, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed ea or in connection with the work eovcml by Ibis purchase mile,
and/car In their dcrendcnts in accordance with she laws of the elate in which the wn,k is to he done The Seller
shall also carry comprehensive general liability including, but not limited to. contractual and automobile public
liability insurance wish bodily injury and death limits ofan least SM0,000 for any one person. S50000o far any
one accident and propeny danmge limit per accident of S400.000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
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 inso a me expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROT'ECPION AGAINST ACCIDENTS AND DAMAGES.
The Seller horebv, assumes the entire responsibility and liabilip for any and sill damage, loss or injury efanv kind
or natnte whatsucler so persons or rmpcnv caused by or resulting from the execution efthc work pmvidcd for in
this purchase order or in connection hercwilh. The Seller will indemnify and hold harmless the Purchaser and any
or toll of she Purchasers officers, agents and employees from and against any and all claims, losses, damngea.
charges or e.xpenses, whether direct or induces, and whether to persons or property to which she Purchaser may
be pus or subject by reason of any act, mclion, neglect omission or default on she ran of the Seller, any of his
contractors, or tiny of the Sellers or contractors officers, agents or employees. In ease any suit or other
proceedings shall be brought against the Purchaser, or its officers, agent 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 aforesaid, the Seiler hereby agrees to assume The defcrse thereof and to
defend the are al the Sellers own expense, to pay any and all costs. charges, anomcy, 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 he placed upon or
obtained against the property of the Purchnscr, or said panics in or as a result of such suit or other pmcadings.
the Seller will at once cause the same to he dissolved and discharged by giving Mind or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary for the pre%cation of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Snfcw and Health Act of 1970 and all odes and regulations issued pursuant thereto.
Revised 0312010