HomeMy WebLinkAbout102909 GRAYBAR ELECTRIC CO INC - PURCHASE ORDER - 9147440PURCHASE ORDER PO Number Page
City. of PURCHASE
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Date: 12/16/2014
Vendor: 102909 Ship To: DRAKE WATER RECLAMATION
GRAYBAR ELECTRIC CO INC CITY OF FORT COLLINS
1375 W 47TH AVE 3036 ENVIRONMENTAL DRIVE
DENVER CO 80211-2318 FORT COLLINS CO 80525
Delivery Date: 12/16/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 1 LOT LS 22,485.96
proposal# 221586552
US Communities MA-1340234, RFP-IS-13255001
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.wm
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. COMMERCIALDEfAILS.
Tax exemptions. By smtub the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Catificam of Registry 84-6000587 is naparered with the Collector of
Internal Revenue, Bases, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure to men s,aficetioe, either when shipped he due to defects of
damage in patch, may bei retumal to you for credit and are rat to be replaced except upon merge of written
instructions from the City of Fiat Collins.
hapactian. GOODS are subject to the City of Fiat Collins inspection oa arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in magoee to this order can result in
ambacrichd paymmt on the pan of Hie City of Fort Collie. However, it is to be understood Nat FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Tema. Shipments must be. F O.B., City of Fort Collins, 9W Wood Sr, pan Collins, CO 90522, calms
otherwise specified on this order. If permission is given to prepay freight end charge separately, the original freight
hill m us nernmmn r invoice_ Additional chances for mackiner will not be accepted.
Shipment Distance. Where manufacturers have eliminating points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller sball procure at seller, sole cost all necessary permits, certificates coed licenses required by all
applicable lass, regulations, mo iwnees and roles of the state, municipality, temtory he political subdivision where
the work is performed, or re tilted by any nloer duly condiiNted public authority havingjunndicums Ova the work
of vendor. Serer Father agrees to hold the City of part Collin nameless from aad .gems. all lmbirly had loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorisation. All panics to this conlmet agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the is. and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller we objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe estrum, Delivery and performance must be effected within the time
stated on the purchase order and the documents mashed hereto. No acts of the Pwebasers including, without
limitation, ncmptance Ofpmial late deliveries, shall operate as a waiver ofthis provision. In We event of any delay,
the Purchaser shall have, in addition to other legal and equiable remedies, the When of placing this order elsewhere
and holding the Seller liable for damage. However, the Sella shall not be liable for damages as a result of delays
due to causes Or reamnably foreseeable which are beyond its reasonable control and without its fault ofim,ligence,
such acts afford, aces of civil err military auahorilia. govarm enal priorities, fires, stakes, Band, epidemics, wars or
rioa pmvided Wet notice of the conditions causing such delay u given to the Purchaser within five (5) days of the
rime what she Sella find received knowledge thereat In the event of any such delay, the dam of delivery shall be
extended for the pond equal to the time hcteadly loll by reason afthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform wish applicable
drawings, spaifiesubcs, samples and/or other desmPtions given, will to fit for the Purposes intended, and
perf ca d with she highest degree of core and Iwmpaence in scrnrdance wish accepted standard far week 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 she Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any dfeca or faults arising within one (1) year or within such longer period of
time as may be paviam d by law or by she teens fany applicable commonly provided by the Sella alter We date of
aga,mea of she goad ( oeshal hereunder, (acceptance not to h unreasonably delayed), resulting from imperfect
he defective weak done or materials famisbN by the Seller. Acceptance or use of good by Be Purchases shall more
constitute a waiver of any claim under this womanly. Except as otherwise provided in this pmclau order, the Sellers
liability hereunder shall extend to damages proximately comed by the breach of any of the fnregoing warranties
or guarantees, 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.
The Purchaser may make changes to legal terms by writers change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchuasa may make any counties tm the tears, mloer than legal tame, including muslin- m or deleuors from
the quantities initially ordered in the spaifiwfioe or drawings, by verbal in written change coda. If my such
change.Beets thc amount due or the time ofperformance hereunder, an equitable adjustment shall Isemade.
6. TERMINATIONS.
The Purchaser, nay a any fime by wrinen charge ode,, mmimam this agreement as to any or all portion of the
goads then not shipped, subject ro my ca,mable w1justment bem<m the parties as m any work or mmmals then in
progress provided that the purchaser shall not be liable far my claims for anticipated profits on the mcompleted
portion ofthe good and/or work, for incidental or consequential shortages. and Out no such adjustment he made in
favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchases or the Seller ofany oftheb obligations as to may good delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be acomem within wary (30) days from the dam the change or transactions ns is
ordered.
8. COMPLIANCE WITH LAW.
The Seller mat that all good sold hereunder shill have been Feedback sold, delivered and furnished in order
compliance wild all applicable lawn and regulations a which the good are subject. The Sella shall execute and
deliver such documents as may be required to effect Or evidence compliance. All laws and regulations required on, be
ncarpommd in agreements of this character tie hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, a ixteq or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other pony.
10. TITLE.
The Sella warants full, clear and unrestricted fide an the Purchaser for all equipment, materials, and items famuhal
in performance of this agreement, face and clear of my and all liens, resriaioe, reservations, memory interest
encumbrances and claims of others.
I L NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the tam, and continuous hereof, failure or delay W
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach the acceptance offer payment for goods hereunder or appraval ofthe design, shall not release the Seller of
any of the wamantim or obligations of this purchase area and shall not be domed a waiver of any right of the
purchaser to insist upon strict ped ssmume Farago, any of its rights oil remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior or subsqurnt default hereunder, trot shall any pwpaned
oral modification or rescission of this purchau order by the Purchuer Operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharge resulting Imo antitrust
violations are in fact borne by loe Purchaser. Theretofore, for good exams cord ns consideration for executing Nis
purchau order, the Sella hereby assigns to the purchaser any and all claims it may now have or hereafter
acquired under federal or slate antitrust laws for such overcharges relating to the particular goods are services
pamoused or acquired by the purchaser pursuant to this purchau order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dittos the, Sella to correct nonconforming or defective goads by a &te to be agreed upon by the
Purchaser and the Seller, and the Sella Neremer imicoles its Imbiliry a unwillingness to comply, the Purchaser
may coma the work to be performed by the most expeditious means ay.ilahle to it, and the Seller shall pay all
casts assncated with such work.
The Srlla ball release the purchaser and its contractors of any tier from all liability and claims of any mture
resulting from the Performance ofmch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, ORem and employees of such pray.
The Sellers commensal cbligatioe, including namanty, shall oat be, dermal m be reduced, in any way, because
such work is performed or mused to be perforated by the Purchaser.
14. PATENTS.
Whenever she Sella is required to use any design, device, material in process covered by Iemen patent, trademark
in copyright, the Sella shall indemnify and save harmless the Purehasa from any and all claims for infringement
by reason of she use of such patented design, devire, material or process in coenenio s wish the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infraingement at any time 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 and the use of
said ryat,.. or pat is enjoined, the Seller shall, al its axe expense and at its aptian either preostire for she
Purchoser she right W continue using said equipment or part, replan the more with substantially equal but
naninRinging amipmenr, or notably it sat it becomes eoninfrimong.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a
ere or trustee far any of the Sellers Property anbusiness, Oda order may foMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The dfnitioe ofterss used or fe interyreaticn of the agreement and the rights of all parties hereunder shall be
conswed under and govemed by We laws afthe Stale of Colorado, USA.
The following Additional Conditions apply only in cose, where the Seller is to perform work hereunder,
including the servicesof sellers Repreuntasive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall lorry on said work at Sellers man risk until the same is fully completed and accepted, and shall,
in case of coy accident restructiw in injury to she work mNor matmals before Sellers final completion and
acceptance, complete the work or Sidles own expense and to the satisfaction of the Nrchua. When pardams
and equipment are famished by others for installation or erection by the Seller, she Seller shall receive, unload,
store and handle same at she site and become responsible therefor as though such naterals author equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Sella 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 dependents in accordance with the laws of the sale in which the work is to be done. The Sella
stall also carry comprehensive general liability including. but not limited to, rontractml and ....bile public
liability insurance with badily injury and death limits afar least 5300,000 far my one person, 5500,002) far my
one accident and property damage limit per accident of SeMBOd, The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Scllas or his contractors
mployees shall do any work upon the exhows of others, the Seller shall famish the Purchhsa with a certificate
that such compensation and iromance have ban provided Such certificates shall specify the date when inch
compensation and insurance have been provided. Such ecnifmtrs shall specify she date when such comprvmtion
and its rence expires. The Sella agrees that such condominium and announce shall be maintained until after she
entire works completed and acerpted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire rapmeribili y and liability for any and all damage, loss or injury ofany kind
or mttue wbors«ver, to persoe or property canoed by are reaching from the execution inflow work provided for W
this purchae order or in connection herewith. The Sella will irMenmify and hold hornless the Purehea and my
cr all of the Purchasers officers, agents and employees from and against any and all claims, loses, damages,
harges or expemes, whither direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any an, action, neglect, omission or default on the pan of the Seller, any of his
ontmctms, or my of the Sellers or contractors officers, agents or employees. In case any suit or other
Formal., shall be brought against the Purchaser, on its oMe., agents err employees at any time an bcomt or
by reawn of any act, action, re dar, omission or default of the Seller of my of his contracmrs in my of its or
their officers, agents in employees as of said, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, aeameys fees and other expenses,
my and all judgmena that may Ise incurred by or obtained against the Purchaser or any of its or their officers,
agent or employees in such suits or other proceedings, and W case judgment or other lien be placed upon or
abaind against the property, of the Purchua, or said parties in or as a small of such suits or oNer proceedngs,
the Sella will in once cause loe same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety premutimss, famish and install all guards necessary for the pervadon of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, she
Occupational Safety and Health Act of 1970 and all rules and regulatiors, issued pursumtt therno.
Raised 07Q014