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HomeMy WebLinkAbout102909 GRAYBAR ELECTRIC CO INC - PURCHASE ORDER - 9144884PO PURCHASE ORDER 914488er Page rCltyiiiOf44884 f of �■ Collins( Thisnumber must appear V J on all invoices, packing sli s and labels. Date: 08/25/2014 Vendor: 102909 Ship To: UTILITY SERVICE CENTER - WA GRAYBAR ELECTRIC CO INC CITY OF FORT COLLINS 1375 W 47TH AVE 700 WOOD ST DENVER CO 80211-2318 FORT COLLINS CO 80521 Delivery Date: 08/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6555-7948 800 EA 5.4700 4,376.00 5' base, 4 abreast spacer BULK SPACER, 5", PLASTIC, BASE, .. FOUR ABREAST, 2" SEPARATION FORMEX, MB5A4-2030; 2 6555-7953 _ 2000 EA 5.4700 10,940.00 5' module, 4 abreast spacer BULK SPACER, 5", PLASTIC, MODULE, FOUR ABREAST, 2" SEPARATION FORMEX, M5A4-2020; 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.com PO Number Page 9144884 2of3 This number must appear on all invoices, packing slips and labels. Total $15,316.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 3 of 3 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fom Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-IM502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the %fift,or 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 Sources 1973, Chapter 39-26, 114 (a). excause any rights or remedies provided herein or by law, failure to Promptly notify the Seller in the event of a broul, the mos ptame of., payment fro good, hereunder or approval hfthe design, shall rife release he Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defer¢ of any of the warmnniea or obligations or this purchase older and shall vas be deemmd a waiver of any right of the damage in consul, may be returned to you for credit and are not to be replaced except upon receipt of wrinrn purchaser to insist upon strict performance haeofor any offs rights or remedies ss to any such goods, tegredless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification m rescission of this purchase .,do, by life Purchaser opemm as a waiver Of any of the terms Inspection GOODS are subject to the City of Too Collins inspection on consul. hereof. Final Acceptance. Receipt of the merchandise, services or compmrot in response to this ocer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mrhodzed poymem on the part of the City of Fon Collins. However, it is to be understood that FINAL Sella and the Purchaser rceognive chat in actual ec is pmutics, overcharges reaching from antitrust ACCEPTANCE is dependent upon complains of all applicable owill inspection procedures, violations arc in fact home by the Pufhaser. Thererofism, forgoodcause and as consideration for executing this purchase meet, the Seller hereby assigns to the Pumbcier any and all claims it may now have or herealmr Freight Perms. Shipments must he F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state amirmat laws for such overcharges relating to the particular goods or services otherwise specified oa this order.] r permission is given prepay freight and charge sepsrmely, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill most accompany invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dismme. Where manufaduras have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to W agreed upon byte expected from the nwrest distribution Point m destination, and excess f ight will be deducted tram Invoice when Purchaser aM the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Pumhmer Airmen. am made from greater disunce. may cause the work to be peRoamed by the most expeditious nears available to it, and the Seller shall pay all costs associated with such work. Pernats. Seller shall procure at acliers sole cost all necessary, pennies, ccnffioates and license required by all applicable laws, ego idurse, oeinances and rules of the state, munlcipu h , tcritory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller harbor agrees to hold the City of Fort Collins hamnless from and against all liability and loss incurred by them by mason of an moaned or established violation of any such laws, regulations, ordinances, rules aM ass uiremcno. Aufferirmum. All parties la this contract agree that the representatives are, in fact, bona fide and possess full mid complete aulhonly to bind said pmiea. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the moms and conditions shared herein act forth and any supplementary or additional terms and conditions annexed Eamon or inctogmored herein by reference. Any addicimil or dllffift moms and mndicions proposed by seller are objected of and hereby joined. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date has named .'lure is ref the essence. Delivery and performance must be elfctrd within the time stated on the purchase oeer and He documents attached herein. No acts of the Purchasers including, without limiarim, acceptance ofpartial Irate deliveries, shall operste as a waiver ofthis pmvi,m In the event efany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damage as a result of delays due to causes riot reasonably foreseeable which me beyond its reasonable control and without its fault of negligence, such acts mUnd. acts orcivil or military auhorities, Sacramental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of he conditions causing such delay is given to the Pumhnser within five (5) days of de time when the Seller last received knowledge thereof. In the event of any such delay, it,, date or delivery shall be extended far, the paned equal ro the liner actually lost by mason ofihr delay. 3. WARRAM'Y. The Seller warrants Nat all goods, articles, materials and work covered by this order will conPomi with applicable drawings, specifications, samples rend/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted scandal ds for work of a 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 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 (1) year or within such longer period of time res may be prescribed by law or by the ream of any applicable warranty provided by the Seller after the Jam of acceptance of the goods famished hereunder (acceptance feet to be constraint delayed), manning from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not oerhour a waiver of any claim under his waranry. Except as otherwise provided in this purchase Dada, the Sellers liability hereunder shall extend to all damages proxlmutely caused by the breach of any of the foregoing warranties or gra entees, but such liability shall in no event include loss ofpOwits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Perth r may make clumEtes as legal team by written change order.' 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any dun dies to the lames, other than legal terms, including additions to or deletions from the gfortif. originally ordered in the specifications or drawings, by verbal or written change Order. If any such change affects the amount due or the time ofperformance hernial an inimitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by warinen change order, terminate this agreement res to any of all pinions or the goods then or shipped, subject to any equitable adjustment between the panics as to any work or materials then in urag—a provided that the Purchaser shall rat be liable fur any claims tier anticipated pratits nn the —completed portion of the goods and/or work, lot incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect any goods which arc the Sellers standard stock. No such moratorium shall relieve the Purchaser or the Seller army of their obligations as to any Shoals delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment mast be ncsMed within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants chat all go dS sold hereunder shall have been pmdnced, sold, delivered and famished in shirt complimce with all applicable laws and regulations Ire which the gods art mbject The Seller shall recent, and deliver such docwnrnm as may h required to effect or evidence compliance. All laws and regulations required m be ncmpooced in agrtemems of this cluraaer arc hereby incorporated heroin by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all casts 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 offer, or any monies due or to become due hereunder without the prior micro consem of he other party. 10. TITLE. The Seller warrams full, dam and unrestricted title to the Purchaser for all equipment. materials, and items famished I. performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cocumbearms and claims ofolhers. Pe Seller shall release the Purchaser and its con rust rve of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply wen in the event of fault of negligence of the Early released and shall extend 1. the directors, atfcers and employees ofauch poM. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Who—m the Seller, a mRdOMI as use any design, device, maerial or process covered by lens, pamnr, codemmk or copynght, the Seller shall indemnify and save harmless the Pumhasa tram my and all claims for infringement by reams of the use of such patented design, device, material or process in connection with the contort, and shall indemnity the Purchaser for any cost, expense or damage which it may be obliged m pay by .,an of such infringement m ony time during the prosecution or after the completion of the work. In case said equipmem, or any purl thereof or the intended use of the goods, is in such snit held to constitute inMngement and the use of said equipment or pan is enjoined, the Seller slmll, at its town expense and el its option, either procure for the Purchaser the right of continue using said equipment or pans, torque the same with subsmmmlly tyoal but tmninGnging equipment, or modify it so it becomes noniefringing IS. INSOLVENCY. If the Seller shall become insolvent or ham nflo, 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 definitions of terms used or the intnpremtion ofthe agreement and the rights ofall parties hereunder shall be consumed under and governed by the lows of the Stem of Colorado, USA. Ile fallowing Additional Conditions apply only in where the Seller is to perform work hereunder, f including the services oSellers Reprcsenmivgs), oa theses premises ofothers. IT SELLERS RESPONSIBILITY. The Seller shall ony on said work at Sellers awn risk until the same is Polly completed and accepted. and shall, au of any, accident, destruction or injury to the work reed/., materials before Seller's frwl completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materia6 and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle sane at the site and become responsible therefor us though such materials amVor equipment were being famished by the Seller under the order. IS. INSURANCE, The Seller shall. at his own expense, provide for the payment of workers compromtion, including acc.paltmand disease benefits, to its employees employed oft or in connection with the work covered by this parrhase Deer, mWarto their dependents in accordance with the laws of the sore in which the work is to be done. The Seller ,hull also tarty cominifir ive general liability including, but nor limited to, contractual and automobile public liabiliry insurance with bodily injury and death limits of at least 5300,000 for any oar person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contactors, Harty, to Provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of ochcm the Seller shall fum¢h the Puehaser with a cenifica e that such compensation and insurance have been provided. Such certificates shall specify the dam when such ompensation and insurance have born provided. Such cenificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after he entire work is eamplowd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility srA liability fur any and all damage, loss or injury army kind Or more whatsoever la parroure, ar Property caused by or resulting from the... court. of the work Provided far in this purchase order or in cormeeion herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, Imses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect conssiao m default On the pam of the Seller, any of his contractors, or any of the Sellers or contractors officer, agents or employees. In case my suit or other proceedings shall be brought agaifwt the Purchaser, or its officers, agents or employees at any time on account or by reams of my act, action, neglar, omission or default of the Seller of any of his characters m only of its or their oRcers, agents or employees m aforesaid, the Seller hereby agrees 1i assume he defense d error and to defend the same at the Sellers own expense, at pay any and all costs, charges, atiomeys 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, .gents car employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same 1. be dissolved and discharged by giving bond or otherwise. The Setter and his contactors shall eke all safety precautions, finish and insist] all guards docessary, for to pravenrion of accidents, comply with all laws and regulations with mga d to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0112014