Loading...
HomeMy WebLinkAbout102556 CONSOLIDATED ELECTRICAL - PURCHASE ORDER - 9122716PURCHASE ORDER PO Number Page City Of 9122716 t of z `t Collins This number must appear ' 1 on all invoices, packing slips and labels. Date: 05/09/2012 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 Delivery Date: 05/09/2012 Buyer: OPAL DICK Note: Vendor Information: Consolidated Electrical Distributors (CED) Rexel Ryall L.O.D. 11-16-2011 / #9117086 (CED) Line Description Quantity Ordered UOM Unit Price Extended Price 1 6555-0984 50 EA 185.5100 9,275.50 28" Cable Tray 13E3 CABLE -TRAY -BRACKET, 28" OVERALL LENGTH, 480 LB. ALLOWABLE LOAD ENDURO, SR1-24P; Total $9,275.50 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 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 stamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 99-N502. Federal Excise Tax Exemption Cenifucale of Registry 94-60005S7 is registered with the Collector of Failure of the Purchaser to insist upon .strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39.26. 114 (s), exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder orapproval of the design. shall not release the Seller of Grinds Rejected. GOODS REJECTED due to failure in meet specifications, either whim shipped Or due to defects Of any of the warranties m Obligations of this purchase order and shall not be deemed a waiver Of any right of the damage in transit, cane be remmed to you for credit and arc not to be replaced except upon receipt of 0rinen putchaser m insist upon strict performance mo nfor any ofits rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted. as to any prim'm subsequent default humaidcr. nor shall any purported oral mMifcalino or rescission of this porchasc order by the Purchaser operate as a waiver ofany of the focus Inspcciian. GOODS arc subicct to the Citv of Fart Collins inspection on arrival. mecof. Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mnharized payment on the pan of the City of Fort Collins. However. it is to be undcrsmod that FINAL Seller and the Purchaser recognize that in actual econumic practice, ovcrchnrgcs resulting from nntifmst ACCEPTANCE ix dependent upon conpletion ofall applicahlc required inspection proeedures. violations arc in fact borne by the Purchaser. Therc ol'ore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any slid all claims it may now have or hereafter Freight Terns. Shipments must be F.O.E., City of Fort Collins, 700 Wood St.. Fen Collins. CO 90522. unless acquired under federal or state antitrust from for such overcharges relating to the panicalor 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 pursuant to This purchase n der. bill must accompany invoice. Additional charges for packing will net be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is lithe Purchaserdireets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the norm distribution point to deslinntimn, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller Thcm.ftcr indicates its inability orunwiilumess to comply, the Pnrchascr shipments are made fmm greater distance. may cause the work to be performed by the most expeditions means mailable to it, and the Seller shall pay all costs associated with such weak. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations. ordinances and miss Office state, municipality, territory or political subdivision where the work is po-formed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless fmm and agaimsl all liability and loss incurred by them by reason of an asemd or established violation of any such laws, regulations, ordinances, rates and requirement,, Authorization. All panics to this contract agree that the representatives arc, in fact boon fide and possess fill] and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary, or additional toms and conditions annexed heron or incorporated herein by reference. Any additional or different terms and conditions pmposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On ymr premised delivery date as noted. Time is office essence. Delivery and Performance must be clTected within the time stated on the purchase order and the documents attached here.. No acts of the Purchasers including, mithoat limitation, acceptance ofpanial late deliveries. shall opcutc as a waiver of this prevision. In the event of any delay, the Pnrchascr shall have, in addition to other legal and equitable remedies. the option ofploring this order ckcehme and holding the Seller liable for danuges. Hossever, the Seller shall not he liable for damages as a result of delay, due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gad. acts of civil or military authorities. governmental prionfics, fires, strikes. food, epidemics. wars or riots 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 zh.11 be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. l'he Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, ,„ill 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 farm any loss. damage or capeme which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller she]] replace, repair or make good, without cost To the purchaser, any defects or faults arising within One (U year or within such longer Poland of time a, may be prescribed by law or by the Tema ofany applicable warrantor pmvided by the Seller after the (life of acceptance of the goods famished hereunder (acceptance not to he mucesrmably delayed), resulting from imperfect or defective work done or materials mmished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver, ofany claim under this warranty. Except as rdhcnrise provided in this purchase order, the Sellers linbility hcrcundcr shall extend to all damages Maximately canscd by the breach of any of the foregoing ,atomics Or guarantees, but such liability shall in no event include loss ofpmfits at loss of use. NO IMPLIED WARRANTY OR ,MERCHANTABILL-Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal maths, including additions to or deletions from the qu trailic, originally ordered is the specifications or drawings, by verbal Or riout change order. If any such change affects the amount due or the time of performance hereunder, no equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change odor, icmmunc this agreement as to any or all portions of the goods then net shipped, subjcm to any equitable adjustment between the panics is many work nr material, then it moinca pmvided that the Purehaer shall nut be liable for any claims for anticipated Maids on the uncompleted potion of life goods and/or work, for incidental or comcgncntial damages, and that no such adjustment be made in to,.,of the Seller with respect to any good, which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gawk delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or temination 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 Taws and regulations IO which the good, an subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Ines and regulations required to be inenrgumted in agreements of this character arc hereby incorporated herein by this toluenes. The Seller agrees In indemnify and hold the Purchaser hamlcss 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 .,sign, tol Or convoy this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warm. at, full, demand unreshicdcd title to the Purchaser for all equipment. materials, and items famished in perfommncc 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 from all liability and claims of any nature resulting from the perfommncc of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend in the directors, uRcers and employee ofsuch patty. 'file Seller's contractual obligations, including wnrmufy. shall not he decmnt to be reducul, in any way, because such work is performed Or caused to be perfnrmcd by life Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or pmecss covered by letter, Patent. trademark Or copyright. the Seller shall indcmnifv and save hurm]css the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the conduct, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the proscanion or after the completion of the work. In case said equipment. or anv pact thereof or the intended use of the goods. is in such suit held to constitute infringement and dhe use of said equipment or pact is enjoined, the Seller shall, at its torn expense and at its option, either pmeare for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent it, binkmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers poi or business, this order may fothwah be canceled by the Purchaser without liabilim 16. GO V RRNTNG LAW_ The definitions Of from, used o, the interpretation of the agrecmcm unit life rights of all parties hcrcumdu shall be con,tmed under and governed by the Inv, Of the State Of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform Ones hcrcundcr. including the service, of Sellers Represemativos). on the premises ofnthers. I7. SELLERS RESPONSIBILITY, The Seller shall carry on said mark at Seller', own risk until the me,, is fully completed and accepted, and shall, in case of any accident, destruction or injury to the ,cork and/or materials before Scllcr:, final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Pnrchascr. When materials and equipment arc furnished by Others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and bu,onm responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his mvn expense, provide for the payment ofworku, compensatinn, including occupational discasc benefits, to it., employees emploved on or in connection with the work coverN by this purchase order. fndlor to their dependents in accordance with the laws of the state in which the work is In be done. The Seller shall also carry comprehensive general liabilitv including, but not limited to. contractual and automobile public liability insurance ,with hodily injury and dean, lira if, of lit Ienst S1nn,om fur any One person. S500,000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and instnance. Before any of the Sellers or his contractors employers shall do any work claim the prenii.ses ofothus. the Seller shall furnish the Pnrchascr with a ccr ific.te that such enmpensmion and insurance have been provided. Such ecnificams shall specify the date when such compensation and insurance have been provided Such ecnificales shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until flier the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby fri the entire responsibility and liability fnr any and all damage, loss or injury ofany kind Or naure whatsoever to persons Or progeny caused by car resulting form the execution ofthc work pmvided for in this purchase induce in connection herewith. The Seller will indemnify find hold himiess the Purchaser and any nr all of the Purchasers Officers, agents and employees fmm and against any and all claims. losses, damages, charge, or expenses, whether direct or indirect, and whether to Pcrwm or property to which the Purchaser nay be pill or subject by reason of any Oct. action, neglect. Omission Or default on the pan of the Seller, any of his contractors. Or any of the Sellers or contradnrs of iCers, agents or employees. In use any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or cmgloyces at any time on account or by reason of fay .act, action, neglect. omission by defmdl of the Seller of any of his contractors or any of its or Ihcir oRecm, agents or employees as afommid. the Seller hereby agrees to assume the defense thereof and In defend the same at the Sellers mvn expense, to pay any and all ensts, charges, attomces fees and other expenses, any end all judgments that may be inmumd by or nhtnined against the Purchaser or any of it or their officers, . agents or employees in such suits or Other pmccclings. and in case judgment or other lien he placed upon or obtained against the property of fhc Purchaser, or said panics in Ores a result of such suits or other pmceedings. the Seller swill m once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install ill ginrds necessary for the prevention of accidents. comply with all law, and regulations with regard in safety including, brat without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued paramt thereto. Revised 0312010