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HomeMy WebLinkAbout102556 CONSOLIDATED ELECTRICAL - PURCHASE ORDER - 9145528City of FF6rt Collins Date: 09/24/2014 Vendor: 102556 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2025 SHARP POINT DRIVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9145528 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/23/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 7570-7938 6' red sign post 800 EA 13.8800 11,104.00 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 Total Pay terms net 30 days Invoice Address: 11,104.00 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 examptions. By statute the City of Fort Collins is exempt from state and local razes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Catifici to of Registry 84-6000587 u registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns mad conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Salutes 1973, Chapter 39-26, 114 (a). exercise any rights or manages provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for goods havooda or approval argue design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to def is of any of the waranties or obligations of this purchase order and shall not ho deanM a waiver of my right of th, damage in tramil, may be returned to you for credit and are not to he replaced except upon receipt of written larchawr In insist upon some, performane hereof or any of its rights or remedies as to any such good, regardless instructions from the City of Fort Collins. of when shipped, aadved or accepted as to any no, or subsequent default heremdes, mar shall my programed mail modification or rescission of this purchase order by the Purchaser optimum as a waiver of my or the terms Indication. GOODS art subject to the City of Fort Collins inspection on context hereof. Four Acceptance. Receipt of the merchandise, serven or equipment in response to this order can mail in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchase, recognize that in actunl « ce, cum pmetiovercharges resulting from mm titrt nfm ACCEPTANCE is dependent upon completion of all applicable rtyuird inspection procedures. violationsart in fact home by the Pumhasur. Theretoforegood curse and as consideration for executing this pucisase under, the Seller hereby assigns so the Puchaer my and all claims it may now, have or hereafter Freight Terms. Shipments was, be FOB., City of Fan Collins, 700 Woad SL, Fun Collins, CO 80522, unless acquired under federal or sate antitnat laws for such overcharges relating to the pmiale, 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 pursuan, to this purchase ordi,n bill most accompany invoice. Additional clean for husking will nor W accepted. Shipment Distance. Ubae manufacturers have distributing points in arions parlx of the country, shipment is expected from the nearest distribution palm to destination, and excess freight will be deducted from Invoice when shipments are made from greater disance. Permits Sella shall procure at sellers sole cost all neesmry pamiu, cafficams and licenses required by all applicable laws, caRaLi ime, ordinances and rules of the score, municipality, Territory or political subdivision where the work is pa kincred, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller furthef agrees to hold she City of Ton Collins bamthns from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ni inances, rules and nequiremems. Authorization. All parries hs this contract agree that the representatives are, is fact, bona fide and possess full and complete authority to bind raid parties. LIMITATION OF TERMS. This Paruhnse Order espressly limits acceptance 10 the ,emu and conditions stated hasom set forth and any supplemanary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional m diRecard mansard rd conditions proposed by seller are objected to and hereby rejected. 2, DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence Delivery, and performance must be efice ed within the time sand on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Ina del ivenes, shall operate as a waiver of this provision. In the cs'en, of any delay, the Purchaser shal I have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage. Ilowear, the Seller shall not be liable for damages ns a result of delays due to causes not masonably foreseeable which are beyond its reaamble control and without its fault of negligence, such acts of GW, is ofcivil or military authontin, aware mea it priorities, fires, strikes, Rood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purehua within five (5) days of the time when to, Sella fast received knowledge dramcf. In the even, of may such delay, the date of delivery shall b< extended for the period equal to the time normally lost by reason of the delay. 3. WARRANTY. The Sella warns that all good, anirles, materials and work covered by this order will con( with applicable drawings, specifications, samples andror *data descnptiorts given, will her fit for the purposes intended, and Performed with the highest degree of cart and competence in accordance wish accepted standards for work of a imllm mmre. The Sella agora to hold she Purchaser hamless from any loss, damage or exp n. which tic Embalmer may sufferer incur on account of the Sellers breach of warrmay. The Seller shall replace, repair or nuke good, without cost to the purchosa, my defect or faults arising within one (I) year or within such longer Wood of time as may ho prescribed by law at by the terms of any applicable warranty provided by the Seller after the date of cceptznce of the goods flourished hereunder (acceparcc not be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchases shall not constitute a waiver of any claim under this warranty. 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 ximanam, or gammas, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED PJARRANfY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE 51 ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal emu by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser noay make any changes to the ,elms, other thin legal terms, including additions to or deletions from It,. quantities originally ordered in lie qucilications or drawings, by veNal or written change onlcr. If any such change officers the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINAT IONS, Lic Franchiser may at any rime by written change order, terminate this sprained, as to any or It pomimes of rive goods then no, shipped, subject to tiny equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads motion work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers smndard stock. No such termination shall relieve the Purchaser or the Seller of ory ofilm, obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjmstanem most b, assumed within thirty (30) dap from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Sella warrants that all goods sold hemundcr shall have been produced, sold, delivered and famished in strict omplimme with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents w mry be required m effect or evidence compliance. All laws and Madauoa required to be incorporated in agreements of this character me hereby incorporated hereto by this himmuce. The Sella ogres to indemniy and hold the Purchaser harmless from all cons and damages sulTe d by the Purcrnmer, w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pant shall assign, transfer, or convey this order, or any monies due or to became due hereanda without rise prior written consent of the other party. 10. TITLE. The Seller warrants full, dear and uurutneted life as the purchaser for all equipment, materials, and items furnished n performance of this agreement, free and clew of my and all liens, mssictiors, reservations, security interest encumbrances end claims of other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifshe Purchaser directs the Seller to comet nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller therea0er indicates its inability or unwillingness to comply, the Purchata may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall rdome the Purchaser and its ommricmrs of my tier from all liability and claims of any metre resulting fear the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the docams, oWin. and employees ofsuch party. The Seller's contmcleal obligations, including warranty, shall not be a eemed in be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wism¢vcr the Seller is required to vas tiny design, device, material or process covered by letmq patent, trademark or copyright, the Seller shall indemnity and save formulas the Purchaser from my and all claims for inGngement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchase, in, any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit had 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 presence for ,he Purchaser the right to continue using said equipment or pars, replan the same with substantially equal but noninfringing equipment, or mail it m it becomes amonfdnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, aphaaina a or truslce for any of Ne Sellers property or business, this order may f*Mwuh be can«led by ,he Purchaser without liability. 16, GOVERNING LAW. The definitions arm. coved or she imarpreation of the agreemen, and the rights of all parties hereunder shall be comtnmd under and governed by the laws ofthe Sale ofC*lonedo, USA. The following Additional Conditions apply only in case where the Sella is to perform work hereunder, including the wrier of Sellers Rep rsea0ve(s), on the premises *fothars. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk chair the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work mdlor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purelasta. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials amber equipment were being famished by the Seller under rise order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to that, dependents in accordance with the laws of,h, score 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 inawanee with bmlily injury and death limits of at Jeri, 5300,000 for any one person. S500,000 for any one occident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, ao provide for such compensation and in e. Before any of the Sellers or his contmemrs employees shall do any work upon the promises of others, the Sella shall ran It the Purchase, will, a er ificare ohm such compensation and insurance hove been provided Such certificates shall specify the dare when soot, compensation and insurance have been provided. Such certificates shall specify the data 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 averted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire r aponsibility and liability for any and all damage, loss or injury ofw,, kind or nature whntsoover to persons or property coaxed by or resulting from the execution of she work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Paternoster and any n all of the Purchasers o1Tcm, agents and employees form and agaimt any and all claims, losses, 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 my act, action, neglect, omission or default on rise part of she Sella, my of his contractors, or any of the Sellers or contractors officer, agents or employes. In case, my suit or other proceedings shall be brought against the Purchem. or, ins officers, agents or employees at any time an account or by reamn of my act action, neglect, omission or default of the Sella of my of h0 contactors or any of its or their officers, agents or employees ex aforesaid, the Seller hereby apron m assume the defense ,hereof and to defend the same at the Sellers a— expense, to pay any and all cosy, changes, amomrys fees ad other miatu s. my and all judgments that nay be in she d by or obumM against the Purehasa or my of is or their officers, agents or employees in such suits or other proceedings, aM in eau judgment or other lien b, placed upon or obtained against she property of the Purchaser, or said ponies in in w a result of such suis or other proceedings, the Sella will at once cause the same to he dissolved and discharged by giving bond or odurnme, The Sella and his contractors shall take all safety premiums, famish and insall all guards necessary for the invocation of accidents, comply with all laws and regulators with raged to safety including, but without limiamen, she Ocoupatioal Safety and Health Act of 1970 and all rules and commiom issued pursuant Cheraw Revised 01R014