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HomeMy WebLinkAbout102909 GRAYBAR ELECTRIC CO INC - PURCHASE ORDER - 9144884 (2)Fort Collins Date: 10/21/2014 Vendor: 102909 GRAYBAR ELECTRIC CO INC 1375 W 47TH AVE DENVER CO 80211-2318 PURCHASE ORDER PO Number Page 9144884 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 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 7,4700 5,976.00 5" base, 4 abreast spacer BULK SPACER, 5", PLASTIC, BASE, FOUR ABREAST, 2" SEPARATION FORMEX, MB5A4-2030; 2 6555-7953 2000 EA 7.4700 14,940.00 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt from store and local maces. Otis Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meetspecifications, either when shipped or due to defects of damage in mu.it, may be mounted m you for credit and are at m be replaced except upon receipt of written conviction, from Be City of Fort Collins. fpecdion. GOODS art subject to the City of Fort Collins inspection on arrival. Fiat Acceptance. Receipt of the merchandise, savires or equipment in response to this off, can result in authorized paMant on the pan of the City of Fiat Collins. Hicant it is to b, understand that FINAL ACCEPTANCE is depeMeat upon completion of all applicable required f.padion procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO $0522, unless ofersiu specified on this offer. if pemtission is given to prepay fight and charge separately, $e original freight bill musr accompany imrice. Additional charges for packing will coot be eceepled Shipment Dismnce. Where manufactufers have distributing points in varifirs pans of the country, shipment is expected from the moment distribution point to definition, and excess freight will be deducted from Invoice when shipments are made from greater duuntt. Pamits. Seller shall procure at sellers sale cost all necessary permits, emifates and licenses required by all applicable laws, regulations, officarces and rules of the sure, municipality, temtory 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 (under agree to hold the City of Fall Collins harmless from and against all liability and loss ncurrd by them by reason of an asamed or established violation of any such tows, regulations, ordinances, toles and nyoiremems. Autbmizatian All parties to in, contract agree that the representatives are, in fact, bona fide and possess toll and complete authority to bind said panics. LIMITATION OF TERMS, Tins Purchase Order expressly limits acceptance to the terms and conditions stated hunts set icon and any supplementary or additional temps and conditions annexed hereto or incorporated herein by reference. Any additional ar ditlerent armas and conditions purposed 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 promised delivery &to as noted Time is of the essence. Delivery and performance most b, effected within the rime stated on the purchase order and the documents attached hereto. No can, of the purchasers including, without limitation, accordance of partial late deliveries, slut] oMarc is a waiver of this provision. In the evens of., delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this order elsewhere and holding the Seller liable for damages. Boost the Sella sit,[] ram be liable for damages as a ,evil, of delays due to causes not reasonably foreseeable which am beyond I. reasonable conceal and without its fault of negligence, such acts of Goal, acts ofeivil or military authorities, govemmeatal grandest, fires, voiles, Bond, epidemics, wars at rio. provided Out notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Sella fro received knowledge thereat In the went of any such delay, the date of delivery am[] be extended for Ore period .11. the time actually last by reason ofthe delay. 3. WARRANTY. The Seller consists that all goorB, scarlet, materials sM work award by this offer will conform with applicable drawings, specification, sampler and/or other descriptions given, will he fir for the purposes intended& and performed with the highest degree of care and comprtence in accordance with accepted standard fur work of a similar nature. The Sella agrees to hold the purchaser hmmins from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warrmry. The Sella shall replace, repev or make good, without cost to the purchaser, any defecm or feelfts arising within one (1) year or within such longer peril of time as may be prownbed by law or by the to. of any ap,liable watrmdy provided by the Seller aBu the date of acceptance of the goods fumished hereunder Trourr fence not to be, tmeamably delayed), comfort, from imperfect or defective work done or modals Burnished by the Sell,. Acceptance or use of good by the Purchaser shall not institute a waiver of any claim under this warranty. Except as offiam ise provided ht this purchase order, the Sellers liability hereund, shall extend to all damages proximately caused by the breach of say Of the foregoing u'ananties or guarsntax, but such liability shall in no went 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. The Purchaser may make all angex to Icgal temp by written change offer. 5. C14ANG ES IN COMMERCIAL TERMS. The Purchaser may make any changes to the torts, other than legal firms, including additions to or deletions from the quantities anguish, ordered In the specifications or drawings, by verbal or wrown change order. If any such change eHws the amount due or the time Of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change Orden terminate this agreement so to any or all ponions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchase, shall not be liable for any claims for anticipated prof,, on the uncompleted portion of the good and/or 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 standard stock. No such lamination shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nssered within Nirry (30) days from the date the change or coordination is offered. S. COMPLIANCE WITH LAW. The Sella women,, that all goods sold hacunder shad have been produced, sold, delivered and monistical in so-icr compliance with all applicable laws and regulation to which the good are subject. The Sella shall execute mtd deliver such docmmen,, as may be required to effect or evidane compliance. All lass and regulafous required to he incorporated in agreements of this chatxur ere hereby incoryordted herein by this reference. The Sella agms to indemnify and hold the Purchaser hamdas from all ens. and damages suRered by Be Purchaser as a result of the Seller, failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, o-ansRr, or convey Nis color, or any mono due or to become due hereunder without the poor writhed consent ofthe other Parry. 10. TITLE. The Seller warrants full, clear and unmanned talent the pufehmm for all equipment, moral and items fumishnd in performance of this agreement free and clear of any and all tiers, restrictions, reservations, secmiry interest encumbrances and claims of others. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the tenss, and conditions hereof, failure or delay to my rights or remedies provided herein or by law, failure to promptly many the Seller in the event of a bench Cbe acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase offer and shall not be, deemM a waiver of any right of the purchaser to insist upon tore perfarmaus hecoafor any of its rights or rem dies as to any such goad, regardless of when shipped, received or xceptrd, as m any prior or subsequent default hereunder, nor shall any paryond oral mndifcuum. or rescission of this purchase offer by the Purchaser opmte as a waiver of any of Be tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella aM the Pumhuer recognize dust in actual economic practice, overcharges ravishing from mtitnst violations sre in final borne by the Purchaser. ThPcotOfare, for good cause end as consideration for executing this purchase order, Be Seller hereby consigns m the Purchaser any and all claims it may row have of hereaner acquired under fdetul or to mlibum lass for such overcharges col ... I to the particular good err smices purchased or anquind by Be Purchaser punuml do this 'emolo ,order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser effects me Seller to correct runconforming or defective goads by a date to be agreed upon by the Puahaer ad the Seller, and the Seller Nrrralter indicates its in ibillry or unwillingness m comply, the Purchaser may cause the work to be performed by the most expeditious meats available in it, and the Seller shall pay all cos. assacimd with such work. The Sella shall reliance the Purchaser and its contractors of arty tier Boom all liability and claims of any nature resulting from the pert rmanee of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch pary. The Seller's contractual obligations, including wavoary, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENT'S. Whenever the Sol let Is required to use any design, device, material or proses covered by litre, patent, rmdemark or copyright, the Seller shall indemnify and save harmless the Purchaser fur any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser far my cost, expense or damage which it may be obliged to pay by crown of such infringement at any rime during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement end the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcore far the Purchaser the right to continue using said equipment or pros, replace the same with substantially equal bus roninHnging equipment, or modify it so it becomes nannfringing. 15. INSOLVENCY. If the Sella shall became insolvent or hartkmpt make an assignment for the benefit of creditors, appoint a recativer err Imster for any of the Sellers property or business, this order may forthwith b, anceld by the pumhaser withoul liability. 16. GOVERNING LAW. The definitions oftenns used or the barometrical o'the agreement and drc rights of all parties hereunder shall be cultsmd under and govemd by the taus of Ore Sure of Colorado, USA. The following Additional Conditions apply only m eases where the Sell, is no perform work herettMa, including the services ofScllm ReprcsenuOve(s), an the premises oforhern 17. SELLERS RESPONSIBILITY. The Sella shall any on said work at Sellers awn risk until the same is rally completed and accepted, and shall, in case of my accidcnL destruction or injury to the work madror materials before Series final completion ail acceptance, complete Be work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment art fumished by others for installation or erection by the Sell,, the Seller shall receive, unload, store and handle same at the site and become responsible Bandar as though such materials andror equipment were being furnished by the Seller under the Order. 18. 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 their depeadens in accordance with the laws of the state in which the work is m be done. The Seller shall vh. navy comprehensive general liability includin, but not limited to, contractual and mmmabile public liability insurance with bodily injury and death limits of at leact S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such enmpenmtiun and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cenificale that such compensation and iaumnce have been provided. Such certificates shall specify the der c when such compensation and assurance have been provided. Such recurrences shall specify the date when such compensation and insurance claims. The Seller agrees that such compensation and insurance shall be maintained ..,it en, the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury army kind or rumor wharaocva to persons or property caused by or resulting Tom the execution of the work provided for in this punhsse coder or in aeration herewith. The Seller will indemnify and held harmless the Purchaser and any r all of the Purchasers officer, agents and employees from and against any and all claims, losses, damages. Charges or expenses, whether direct an Infoun, and whether m persons Or ow, my m which the Province, may be, put or subject by reason of any act, action, neg1,L omission or default on the part of the Sena, any of his contractors, or any of the Sell. or cmnstmtors oilicm, agents or employees In case any it or be, proceedings shall Ee bnoughr aginss Be Purchaser, or its appears, agents or employees ed my time on account or by moon of any act action, neglect, omission or default of the Sella of any of his contractors or my of its or Ratio oMo., .,am m employers as aforesaid. be Sella hereby agrees to assume the defame belong and to defend the same at the Seller own expense. to coy any and all cos., charges, attorneys fair and other aperso , my ad all judgments t5 may he incurred by or obtained agaim, the Purchaser or any of its or their officer, agents or employees in such suifts m other praeedimp, and in case judgment err offer lien b, placed upon or oficamed against fe property of the Purchaser, or said parties in or as a mull of such same, or mM1er preceding. the Sella will at mca cruse the same to be dissolved and discharged by giving hoed or otherwise. The Sella and his mntramors shall take all safety p ccaudims, Tarnish sort itsmll all guard n,essary for the prevention of accidents, comply with all laws and regulations with regard a safety inclttthng, but without limitation, the Occupational Safety and Halth Act of 1970 anal all toles and regulations u sttd pmsumt theuto. Revised find 14 Total