HomeMy WebLinkAbout102909 GRAYBAR ELECTRIC CO INC - PURCHASE ORDER - 9143539City of
Flirt Collins
Date: 06/23/2014
Vendor: 102909
GRAYBAR ELECTRIC CO INC
1375 W 47TH AVE
DENVER CO 80211-2318
PURCHASE ORDER
PO Number Page
9143539 1of2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 06/23/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I MODICOM PLC HARDWARE TO
PROVIDE CONTROLS FOR THE
1 LOT LS
11,106.39
RIGDEN RESERVOIR WHICH WILL BE COMPATIBLE WITH EXISTING INSTALLED SYSTEMS AND
MAINTAINABLE BY TREATMENT FACILITY STAFF
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.wrn
ifia[IIXCi:',
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fon Coll ins is exempt from fiat and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failme or delay to
lumand 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 acceptance ofor payment for goads hereunder or approval of the design, shall no, release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specificmimc, either when shipped or due m defects of
arty of the warranties or obligations of Ibis purchase order and shall not be deemed a waiver of any night of the
damage in mansiL may be rammed to you far credit and are not to be replaced except upon receipt of women
purchaser to insist upon sofa performance hereofor any of its rights or remedies to any such goats, Wgadless
instructions dram the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent defeah hereunder, nor shall any poporom
oral modification or remission of Ibis primitive order by the Pariblower operate at a waiver of any of me terms
Impactor. GOODS are subject to the City of Fort Collins inspection on native).
hereof.
Rein Acceptance. Receipt of the merchandise, services or equipment in resource to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAMS.
nothorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL
Seller and the Purchaser recognize Wait in actual ec Ic practice, overaes eM1gresulting from an iumat
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations arc in fxt tome by the Purchase. Thereofrrenfar goad cause and s cosidemo m for executing this
purchase made, the Seller hereby signs a me Pmcb ter any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fart Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or some antitrust laws for such overcharges relaring to the particular goods or services
.me.. specified on mis mam. Ifpermrom. is given a prepay freight and charge separately, the original freight
purchased or acquired by the larmhsser pursuant to this purchase order.
bill most accomovrw arvoice. Additional chances for tucking .,If root be accepted
Shipment Distance. Where manufacturers have distributing paints in various puts of the country, shipment is
expected ham the neatest dominated point to de imtion, and excess freight will he deducted from Invoice when
shipments are made From greater do.—,
Permits. Seller shall pramre at sellers sole and all nacttasry permits, certificates and licenses required by all
applicable laws, regulations. Whabo r, and tales of the sole, municipality, herimry W political subdivision where
the work is performed, or required by any other duly cowtieted public wihout, having] eisi iction over the work
of vendor. Seller fuller agrees to hold the City of For Collins hamtlew fmm and against all liability all loss
ireumd by them by reason of an asserted m established violation of any such loss, regulations, mOnvnees, roles
and W,uirentems.
Authomation. All Portia W this contract agree Out the represemttives art, in faze, hew foe and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits azMt. m the tnrm and conditions feted
herein son Was and any supplementary or additional terms and conditions annexed hereto or unannounced herein by
reference. Any addbo l or different terms and conditions proposed by seller are objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you maker make complete shipment to arive on your
pmnowd delivery Jae as noted. Time is of me essence. Delivery and performance most be eRccled within the lime
stated on the purchase order and the documents artached human. No eras of We Purchasers including, without
hinnorm, acceptance of p omal late deliveries, shall opamtc m a waiver of this Provision. In the event crony delay,
the Paradise, shall have, in addition no other legal and equitable remedies, the option ofplacing Ibis order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable fro damages re a result of delays
One m comes not reawmbly foreseeable which are beyond an reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, govcmmenul priorities, fifes, makes, Rand, epidemics, wars or
hots provided that notice of the conditions coming such delay is given he the Purchaser within five (5) days of the
time when the Seller firsr received knowledge thereof. In the event of any such delay, the date of delivery shall No
extended for the period brawl to the time actually for by reason of the delay.
3. WARRANTY.
The Seller warants that all goods, articles, materials and work covered by this order will confomt with applicable
drawings, sporificatimor samples andror other descriptions given, will he 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 nacre. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or me= on account ofthe Sellers breach i f wartamy. The Seller shall replace, repair art make
good without cost to the pmcM1asen any defects or faults arising within one (1) year or within such longer period of
time as may be presmbxf by law or by the team of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting Won imported
or defective work done or materials famished by the Seller. Acceptance or use of goals by the Purchaser shall net
wastiee a waiver of any claim undo His wananty. Except a 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
orgwrdinces. but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
That Purchser may make changes to legal terms by be. change Omer.
5. CHANGES IN COMMERCIAL TERMS.
That Purchaer may make any changes to the terms, an... than Iegnl teem, including additiaw m oe deletions him,
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change afTects the amount due or the time of performance hereunder, an equitable adjustment shall be music.
6. TERMINATIONS.
The Purchaser may at any time by written change urdeq terminate this agreement as ,, any roe sell portions of the
goods then not shipped, subject o any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable Or any claims Ibr i nticipmed mi on the uncompleted
portion ofthe goods ardor work, for incidental or consequential damages, and that no such whir m rn be made in
favor ofthe Seller with respect to any gwds which are the Sellers standard slack. No such mtmirution shall rtline
the Purchaser in me Seller of any of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (Jo) days from the date the change or termination
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants mat all good sold hereunder shall have been produced, sold, delivered and famished in strict
omplunce with all applicable laws and regulation to which the goods art subject. The Seller shall execute and
deliver such documents m may he required to efest or evidence compliance. All laws and regulations required to be
incorporated in agreements of Ibis character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and held the Purchaser harmless from all corm and damages suffered by the Purchaser as a result of We
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign rounder, or convey this order, or any monies due or to became due hereunder without the
prior wrimat consent office other party.
10. TITLE.
The Seller warrants full, clear and unestncted title a the Purchaser for all equipmm, matmals, and items famished
in perform of this greement, f all clew of any and all lies, restrictions, rester ommis, security interest
encumbmo� arod claims of mhers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If this Parchser dimecs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicarn its inability or unwillingness to comply, the purchaser
may cause On work W be, perfarmed by the most expeditious means available m it, and do Seller shall pay all
cnsm associated with such work.
The Sella shall release the Pmcruser and its canuacmrs of any der fmm all liability and claims of any nacre
resulting from One performance ofsuch work.
This release shall apply even in the event of fault of negligence of the Irmi adeand and shall extend to the
dirtctors, afters and employees ofsuch parry.
The Seller, contractual obligation, including w'ananry, shall not be deemed ro to reduced, in any way, because
such work is performed W caused to be performed by the Purchaser.
14. PATENTS.
Wheat th<Seller is required to use any design, dnice, material roe J mcess covered by Iona, Eased, trademark
co copyright, the Seller shall hWerwify, and save handless the Purchaser from any and all claims far infringement
by reason of the use of such patented design, device, material or process in correction with the contract, and
shall indemnify me Purchaser for any cos, expense or damage which it maybe obliged to Pay by person of such
ofiringemenl nit any time during the prosecution or after the completion of the wad. In case said ryuipmen, err
any pan number at the intended use of the goods, is in such suit held to cowtiete infringement and the use of
said equipment in pan is join al, the Seller shall, at its own expert, and at its option, either procure for the
Pun:huer the right to continue using said cqutprvid or pans, replace the same with substantially equal but
ttoninfringing equipment, or modify it so it becomes rmninfnging.
15. INSOLVENCY.
If the Sella shall become insolvent or b oka t make an ass'nown, Or the benefit of credimrs, appoint a
or
trustee for any of the Sellers property or busineoi, this order may fond ith be canceled by the
Forerunner without liability.
16. GOVERNING LAW.
The definitions ofterms most or the immobstion ofthe agreement and the rights of all parties hereunder shall be
computed under and go"erred by the laws of me Some ofColemdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform wad hereunder,
including me sernces of Sellers Represenetive(s), an the premises ofomers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in u of any accident, dourr ction or injury to the work anther nationals before Sellers final completion and
ccepmnce, complete the work at Seller's own expense and to the satisHaiod of the Purchase,. When materials
and equipment art famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being fumishcd by the Seller order the tamer.
18. INSURANCE..
The Seller shall, at his own expense, provide for the payment of workers compensation, radudin6 occupational
disease berefim, to its employees employed on or in connection with the work covered by this purchase urdeq
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 curry comprehensive gcoeml liability including, but not limited to, contractual and automobile public
liability imumnee with bodily injury and death limits of at least $300,000 for any one peon, $500,INU for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors , if any, to provide for such compensation and ini umnce. Before any of the Sellers A his comracmrs
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compesmion and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the dale 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 responsibility and liability for any and all damage, loss or injury afany kind
or wore whosoever to permits or property caused by or resulting firm the execution of We work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless He Purchaser and any
in all of the Probasco; ofcers, agar vad employees fmm and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether m persons or pmpery m which He Puohser may
be put or subject by reason of any act, action, negtt, omission or default on the pan of fie Seller, any of his
com actors, or any of He Sellers or cannot officer, agents ar employees. In mass any suit or other
proceedings shall be brought against he Perchseq or its officers, agents or employees at any time on account art
by remain of any se, cation, neglect, omission or default of the Seller of any of his contractors or any of its or
Heir officers, agents or employees as aforeuid, me Seller hereby agrees to assume the defame thereof add to
defend the same at the Sellers own expense, to pay any and all costs, charges, mummies fees all other expenses,
any and all judgments Hat may be incurred by or obtained against the Purchaser or any of its W their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lied be placed upon or
obeincd against the pMedy of We Purchaser, or said parties in m to a result of such suits or omer proceedings,
me Seller will at once cause the same to be dissolved and discharged by giving bond W otherwise. The Sella and
his contractors shall take all safety paxampow, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard m safety including, but without limitation, the
Occupatiowl Safety and Health Act of 1970 and all roles and regulations issued pursuant donna.
Revised 032010