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HomeMy WebLinkAbout102556 CONSOLIDATED ELECTRICAL - PURCHASE ORDER - 3215039PURCHASE ORDER PO Number Page City. of PURCHASE 15039 ' of z Flirt Collins( This number must appear �-\V`I ` V on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 102556 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2025 SHARP POINT DRIVE FORT COLLINS CO 80525 Delivery Date: 01/02/2015 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Signal Construction Supplies Annual 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 1 LOT LS 5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 19Ri�ffii7t27i tCS�tS�P1ALF1DtTtxi Page 2 of 2 1. COMMERCDM.DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from stale and local taws. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600o587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfommce of the terms and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, CM1apar 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 bunch, the acceptance arm payment for goods hire a ch r or approval ofthe design, shall rot calcine the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specificafions, either when shipped or due On defects of any of the wamnties or obligations of this purchase order and shall not be, deemed a waiver of any right of the damage in nensin, may be returned to you for aedr, all arc not to be seplaced except upon receipt of wrien pmchma to insist upon snip Pafmnamen hereof or any of its rights m remedies in to any such gods, regardle n irsnmtetions firsm the City of I. Collins. of when shipped, received or aampeck as to any prior or minaret default hereunder, nor shall my Turyaned amp modi0ution or rescission of this purchase order by be Pmchaur opema as a waive of any of rhe tee Inspection. GOODS arc subject to the City of Fon Collins inspection on consul. hetmf. Final Acceptance. Raeipe of the merchandise, services or ecuipmmt in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in armal economic practice, overcharges moulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable "i iced inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good came and an consideration for exemuall this Immune order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tenn. Shipments mast be F.O.B., City of Fan Collim, 700 Wood SL, Fort Collins, CO 80522, unless acquired under federal m sure annirrnst laws for such overcharge rtlmng to the particular goods or services othewise specified on this calm. If permission is given to prepay freight and charge separatelb, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most acroarmnv invaim. Additional charges for packing will Out be, accepted. Shipment Distance. Where manufacturers have disWbutieg points in various pans of be country, shipment is expected from the nearest distribution point to destruction, and excess freight will be deducted from Invoice when shipments are made from gr aar dwarar . Pamirs. Seller shall procure al sellers sole cost all necessary permits, certificates and he.. required by all applicable laws, regulations, milirunca and roles of fle sum, municipality, temtory or political subdivision where the wok is paformd. or required by any other duly amemartad public authority having jurisdiction ova be work of small Seller fuller agrees to held the City of Fan Collim harmless from and against all liability end loss incurred by them by reason of no sessened or atablimed violation of any such laws, regulations, ordirances, rules and requirements. Authorization. All parties a this mntma agree that the repremntatives me, in fact. bona fide and possess imp and omplete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits accrpame to the temu and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or mi mpomted 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 if you cannot make complete shipment to arrive on your Promised delivery dam a noted. Time is of the essence. Delivery and preffic . must he effected within be time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limimtion, acceptance of partial late deliveries, shall operate m a waiver of this provision. In the event army delay, the Purchases shall have, in addition to other legal and equitable remedies, the option of placmg this order elsewhere cad holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays due to causes not ressombly fcaaemble which are beyond its reasonable control and without its fault of negligence, such aers of Gad, eras of civil or military amtheritia, governmental prionties, fins, snika flood, epidemics, wars Or rims provided but active of be conditions .using such delay is given to the Pmehaa within five (5) days of me time when the Salle first received knowledge Nesmf. In be court of any such delay, the date of delivery, shall be exrerdtd far be peril equal to the time actually losr by cacao afthe delay. 3. WARRANTY. The Seller wormers that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and peRormd with the highest degree of care and competence in accordance with accepted standards for work of a similes nature. The Sella agrees to held the purchaser hamrless from any loss, damage or expense which the Purchaser may smR or imur on account of the Sellers breach of wamnty. The Seller boll replace, repair or make good, without cost a the, purchaser, any defect or faults ansing within arc (1) year or within such longer prod of time ns maybe prembad by law or by the remen of my applicable warranty provided by the Seller after the, due of acceptmce of be goads fumishd hereunder (xcePta ce not to be murasombly delayed), resulting from imperfect or detective work done or materials fivvoM1ed by be Sella. Acceptance or use of goods by be Purchaser shall not onstimte a waiver of any claim under this warranty. Except ar 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 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 Purchasa may make changes to legal amen by wrium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Won, Other than legal terms, including additions to or deletions from the quantities originally ordered in be spaifimtions or drawings, by verbal or wham change order. If any such change affects the amount due or the time ofperfomance heremder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by written change order, arminate this agreement as to my err all pommon of the goods then not snipped, subject to any equitable mrsa men, betnrem the parties as a any work or aresse B then in progress provided that the Purchases shall not be liable far my claims for mlicipated profits on me uncompleted portion of the goods and/or wok, for incidental or comer coral damages, and but no such djustrnarm be made N favor of the Seller with respect on any goods which art the Sell. standard stock. No such termination shall relieve be Purchaser or the Sella ofmy afineir obligations as to my goods delivered bsmm dm. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be awned within miry (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella wasomn but all Booty mid hereunder shall have been produced sold, delivered all burnished in strict compliance with all applicable Irws and regulations to which the gods are subject. The Seller shall aeeate and deliver such documents a may be captird to effect or evidence compliance. All laws and regulation required to be inam,muted in agreements of this charecter are hereby max oomted herein by this reference. The Sella agrees 1n indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser a a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall an ign, trnsfer, or contrary this ordi or my monies due or to become due henemdar without the Turn wnuen camcnt of the odtef pray. I(L TITLE. The Sella warrants full, clear and nvresnicted title ro be Poeh ser far all equipment marmals, and item fcumbd in paformmc: of Nis agreement, free and elm, of any and all liens, restrictions, reservations, accuracy interest mumar renew and claims ofmlims. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purclvnser ducts the Seller Ip coroar cons fronting or defecdve goods by a be, in be agreed upon by the Purchaser and the Seller, and the Seller theacrfter Ndicates its inability Or unwillingness to comply, me Purchaser may cause the work an be performed by the most expeditious morns mailable to it, end the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its conttadors of any tier from all liability and claims of any mime mulling from the performance ofsuch wok. This releae shall apply even in the event of fault of negligence of the party reluxi and shall extend to be directors, officers and employees ofsuch party. The Seller's conaracnul obligations, including evormnty, shall not he deemed to he reduced, in any way, bemuse such work is pcifomed or caused to be performed by the Perch., 14, PATENTS. Whenever the Seller is captured to use any design, device, minimal or process rovered by later, parrnL trademark r copyrighL be Seller shall indemnify cord save harmless the Porchsser from say and all claims for immigration by ream. of the use of such patented design, desire, .,aial err process in comcaian with the contact, and shall indemnify the Purchua for any exam expense or damage which a may be obliged to Pay by yawn of such infringement at any time during the prosecution or after the completion of the work. In rase said alripmenL or any pan thereof or the intended use of the goods, is in amen suit ham to common infringement and the use of said equipment or part is enjoined, the Seller shall, al its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninGnging aluipmrnL or modify b sou becomes nardnfringing. 15. INSOLVENCY. If the Sella snail become insolvent or bankrupt, nuke an assignment for be benefit of creditors, appoint a receiver or trace fen y m any or be Sellers propertbusiness, this order may forthwith be canceled!by the Purchaser without liability. 16. GOVERNMG LAW. The definitions of terns used or be interpretation ofthe agreement and the rights of all parties haemda shall be amounted under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in canes where the Sella is to Perform work hereunder, mcludirm the scrvica of Sellers Ra"aentative(s), on the pnrmi$a ofoNers. ❑. SELLERS RESPONSIBILITY. The Sella shall carry an said work m Seller's own risk until be same is fully completed and scaltd, all $bull. in case of any maiden, destruction or injury to be work and/or matanals before Seller's final completion all acceptance, complete be work at Sellcrs own expense all to the satisfadon of be Purchaser. When materials and equipment me fianishd by others for installation or erection by the Sella, the Seller shall receive, reload. store and handle more at the site and become responsible therefor as though such maamis andror eximpmem were being banished by the Sella under the order. 18. INSURANCE. The Seller shall, at his owes expense, provide for the payment of workers compensetiom including occupational disease benefits, to in employees employed on or in mrmectio s with be wok covered by this purchase order, and/or to than dependents in mardarow with me laws of the state in which thc wok is On he donne. The Sella shall also call cmnpreherxsive gmeml liability including, but not limited to, commercial and automobile public liability insurance with bodily injury and death limits of at least g300,000 for any one person, 8500,000 for any one accident and property damage limit pa accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his connectors employees shall do my work upon the premises of orders, the Seller but famish the Purchaser with a certificate but such compensation oral insurance have been p wild. Such certificates shall specify the date when such compensation all insurance have been provided Such cenificata shall specifythe dme when such contamination and insurmce e.pins. The Sella agrees that such compentsauon all insermce shall be maintained uml after the entire wok is completed and recepid. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Sella hereby anumn the entire responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the purchaser and may or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or Property to which the Puritanism may be put or subject by reason of any act, action, neglect. omission Or default an the pm of the Sella, any of has contractors, as, any of the Sellers or contortion, officers, agents Of employees. In case any snit or order proceedings sball be brought against the Purchaser, or its Oficea, agent m employers at my time on .count of by amain of my ack action, neglat. omission or default of the Sella of my of his contractors or my of its ar their oRims. egam or employees in aforesaid the Seller hereby agrees On assume the defense thereof and to defend the same at be Sellers own expense, to pay my and all casts, charges, ammeys fees and other expenses, any and all judgments Nat may be incurrd by or obtained against the Fmcbssa or any of its or their officers, agents or employees in such snits err other proceedings, and in case judgment or other lien he placed upon or obtained against the property of Ne Purchaser, or said panic in or as a result of such suits or other Proceedings, Ne Sella will at ..or came the same to be dissahed and discharged by giving band m otherwise. The Seller and his contractors shall uke all safety preca pions, fuonish and install all guards necessary for the Prevention of accidents, comply with all laws and regulations with regard to archery including, but without limiation, the Occupational Safety and Health Act of 1970 and all cola and regulations issued pursuant Nerem. Revised 07R014