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HomeMy WebLinkAbout508862 CDM ELECTRIC INC - PURCHASE ORDER - 3215184PO PURCHASE ORDER 321518er Page City of PURCHASE 3215184 ter z ' `t Collins lins This number mustpacking V ` on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 508862 Ship To: WATER UTILITIES CDM ELECTRIC INC CITY OF FORT COLLINS 916 38TH AVE COURT SUITE 6 700 WOOD ST GREELEY CO 80634 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 2015 Blanket PO 1 LOT LS 40,000.00 Electrical svcs. 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 $40,000.00 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 statute the City of Fon Collins is exempt Sam state and local taxes. Our Exemption Nominal is 98-04502. Federal Excise Tax Exemption Certificate of Registry 80.6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due So defects of damage in transit may be resumed to you for credit and are cat to be replaced except upon receipt of wnmen instructions from rise City of Fon Collins. Inspection. GOODS are subject o the City of fort Collins inspection on arrival. Final Acceptance. Receipt of the metchanciise, scrames or equipment in response to this order can result in mt net payment on the part of the City of Pon Collins. However, it is m be underttood Nm FINAL ACCEPTANCE is dependent upon completion i f ell applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on the order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing fission in various parts 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 shall procure at sellers rule curt all necessary permits, cenificar and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, tertiary or political subdlvwcon where the work is performed, or required by my other duly constituted public authority having jurisdiction over me work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by Nam by reason Of an asserted or established violation of my such laws, regulations, ordinances, rules and requl motion Authonndion. All parties to Nis contract agree that the representatives are, in faze bona fide and possess full and complete authorry to bind said parties. LIMITATION OF IERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fpM and my supplementary or additional terms and conditions annexed hereto or inmrpmeted herein by reference. Any additional or different terms and conditions proposed by sailer 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 date as noted. Time Is Ofthe essence. Delivery and performance must be effected within the time stared on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, accepamce of pmp late deliveries, shall op ran as a waiver of Nis pmov w. m me event of any delay. rise Purchase shall have, in addition m other legal and equitable remedies, the option of glazing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acrs of God, acts of civil or military authoncea governmental priorities, fires, strikes, Flood, epidemics, motor non provided that notice of the conditions causing such delay is given to the Purchaser union five (5) days of the time what the Seller f rsl received knowledge thercof. In the event of any such delay, me date of delivery shall be, encoded for the period equal m tire time actually lost by reason of the delay. 3. WARRANTY. The Seller wanmts that all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or other desenpdons given, will be fit for the imposer intended and performed with the highest define of care and competence in accordance with amepned standards 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 morns. The Seller shall replace, top an or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer pmod of time as may be prescribed by law or by rise orms of my applicable warranty provided by me Seller after me date of acceprmce of the goods famished hereunder (acceptance not a be anrcasonably delayed), resulting from imperma or defective work done or nowmals furnished by me Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this mnanry. Except as otherwise provided in this purehaze order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of me 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. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Berms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purcharan may make y changes 0 me tent¢, other man legal m including infant or deleu ns from the continues callously ordered in the specifications or drawings, by verbal or women change Order If my such change aRects the amount due or rise time of pmfmmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may ar my time by wrinm change order, Lemmata this agreement as to my or all portions of me goods turn not shipped, subject 10 any equitable adjustment between the parties as to my work Or materials rum in progress provided than due Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are rise Sellers standard stock. No such termination shall relieve the Purchaser or me Seller of my of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be named within dom, (30) days fmm the date the change or temunaton is ordered 8_ COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced sold, delivered and famished in sinct compliance with all applicable laws and regWario e to which the good are subject. The Seller shall execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulations required a he ncorporated in agreements of this character are hereby inromomted herein by this reference. The Seller agrees to indemnify and hold the Purefiaer harmless from all costs and damages suffered by the Purchaser as a result Of me Sellers failure to comply with such law. 9. ASSIGMsENT Neither parry shall assign, transfer, or coavry this order, or my monies due or to become due hereunder without the poor aside. consent of the other pamy. 10. TITLE. The Seller warrants full, clear and mrestdcted tide to the Purchaser for all equipment maonals, and hems famished in performance of this agreement from and clear of my and all liens, ram coons, reservations, secunry interest encumbrances and claims oration I1. NONWAIVER_ Fdluce of the Purchaser to insist upon strict per(ommnce of the terms and conditions herm(, failure or delay a any rights or remedies provided herein or by law, fell are to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon amen performance hereofor my of its nghn or remodon as a my such goods, «gardlea of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of Nis purchase order by the Purchaser operate as a waiver of any of the terms hermL 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser raogamee than in amid counconic preectire, overcharges resulting from anlimut violations are in fact home by the Purchaser. Theretofore for good muse and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant as Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser chosen the Seller in commit nonconforming or defecfive goods by a time a be agreed upon by the Purchaser and the Seller, and the Seller therie ter indicates its inability Or unwillingness m comply. the Purchaser may cause the work to be performed by Ne most expeditious means available to it, and the Seller shall pay all costs asseciated with such work. The Seller shall release the Purchaser and its cowacmrs of me net from all liability and claims of my nature resulting from the perfomwam of such work. This release shall apply even is the event of fault of negligence of the parry released and shall extend a the directors. officers and employees of mch part'. The Seller's contractual obligations, including vvmanry, shall ws be deemed a be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wherever the Seller is required to use my design, devicem , aterial or process covered by letter, patent trademark or copyright the Seller shall indemnify and save hamdess the Purchaser fmm my and all claims for infringement by reason of the use of such parented design, device, national or process in connection with me contract and shall indemnify tire Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any part Nerenf or me intended use of the goods, is in such suit held to constitute infringement and the am of said equipment or pan is enjoined, Line Seller shall. at its own expense and or its option, either procure for the Purchases the night ro continue using said equipment or parts, replace the same with substantially equal but noninfnnging equipment or modify it so it becomes wninfdnging. O INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an suagnmmt for the benefit of creditors, appoint a faceiver or tnutee for my of me Sellers property or business, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or me intemremtion of the agreement and me rights o£a11 parties hereunder shall be command under and govemed by the laws ofthe State of Colorado, USA The following Additional Confusion apply only in cues where the Seller is to Perform work hereunder, including the services of Sellers Representativen), on the premises ofonders. IZ SELLERS RESPONSIBILITY. The Seller shall carryon said work at Seller's own risk wail the same is fWly completed and accepted and shall, in case of my accident, demruction or injury m the work and/or mmmals before Seller's final completion and acceptance, complete me .,it at Selleh own expanse and to the satisfaction of the Purchaser. When mammals and equipment are animated by others for installation or erection by the Seller, the Seller shall receive, mload. score and handle same at me sire and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including recupemord disease benefits, to its employees employed on or in connection with the work covered by this purchase order, milker 10 their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contracual and automobile public liability insurance with bodily injury and death limits of at least 1000,00o for any one person $5W,000 for my one accident and properly damage limit per accdent of g (Rt o. The Seller shill likewise require his mctoo, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of orhers, the Seller shall famish the Purchaser with a cenif sate that such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and incomes, have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agrees Was such comperwlion and Lawrence shall be mainoined until alter the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibi I, and liability for my and all damage, loss or injury of my kind r nature whatsoever to Persons or praperry, caused by or resulting fmm the execution of the work provided for in this purchase order or in comrmion herewith. The Seller will indemnify and hold hamdea the Purchaser and my Or all of the Purchasers oRmers, agmrs and employees fmm and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to parsers or pmpesty to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, my of his aintain , or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall he brought against the Purchaser, or its officers. agents or employees at my time an ancestor or by reason of my act action, neglon, omission or default of the Seller of any of his comsmmrs or my of in or their officers, agents or employees az i f esaid, the Seller hereby agrees to assume the defense there f and to defend the same at the Sellers awn expense, to pay my and all costs, charges, adorrteys fees and Other expenses, my and all judgmenes that may be incurred by or obtained against Life Purchaser or my of its Or their officers, agents or employees in such suits or other proceedings, and in rose judgment or other lien he placed upon or obtained agimat the property, of the Purchase, or said parties in or as a result of such suits or other proceedings the Seller will at once cause the same m he disclved and discharged by giving bond or otherwise. The Seller and his contractors shell take all safety precautions furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations wind regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all rWas and regulations issued pursuant thereat. Rented 07nOl4