HomeMy WebLinkAbout519702 REXEL (SUMMERS GROUP) - PURCHASE ORDER - 9151830 (2)Fort Collins
PURCHASE ORDER
PO Number Page
9151830 1of2
This number must appear
on all invoices, packing
slips and labels.
Date: 03/30/2015
Vendor: 519702 Ship To: UTILITY SERVICE CENTER - WA
REXEL (SUMMERS GROUP) CITY OF FORT COLLINS
3680 DRAFT HORSE DR 700 WOOD ST
LOVELAND CO 80538 FORT COLLINS CO 80521
Delivery Date: 03/27/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 9020-7800 2015 7 EA 2,767.6500 19,373.55
elec vehicle ped station
8069 Electric Vehicle Charging Stations
BULK
90207800
BULK STATION, ELECTRIC VEHICLE SUPPLY EQUIPMENT, PEDESTAL MOUNT, LEVEL 2 - 208-240 VAC
INPUT & OUTPUT, 7.2 KW MAXIMUM ELECTRICAL DEMAND, SHALL INCLUDE SAE J1772 CHARGING
COUPLER, SHALL MEET REQUIRMENTS IN MATERIAL SPECIFICATION 9020-78
EATON SMR3BXCCML00
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
Invoice Address:
$19,373.55
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
invoices @fcgov.com
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local tams. Our Exemption Number is 11. NONWAIVER.
98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfmmance of the terms and conditions herco( failure or delay to
Intemd Revenue, Denver, Colorado (Ref Colorado Revised Sodium;1973, Chapter 39-26, 114 (a), exercise any rights remedies provided herein r by lea, failure to promptly notify the Seller the event of a
breech, the acceptance of or payment for goads hereun
der or approval of the design, shall not release the S<ter of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wmmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in hawit may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, n to any prior or subsequent default hereunder, nor shall my purported
and modif"cation or rescission of Ibis purchase order by the Purchaser operate as a waiver of my of the tern
Inspection. GOODS am subject to the City of Fort Caviar inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser ¢cognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependcu upon completion of all applicable required inspection procedures. violations are in fact home by die Purchaser. Theretofore, for good cause and as cowidaution for executing this
purchase order, the Sells hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or saute antitrust laws for such overcharges relating to the particular goods or services
otherwise specified an this order. If permission is given to pmpay freight and charge separately, the original freight purchased or acquired by die Purchacr pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of die country, shipment is
e<pe rued from the nearest distribution point to destination, and excess freight will be deducted Lam Invoice what
shipments are made Lora gamier distance.
Permits. Seller shall protons at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by my other duly combatted public authority havingjur ialiction over the work
of vendor. Sells further agrees to hold the City of Fort Collins Harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such Imes, regulations, ordinances, rates
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, hors fide and possess full and
complete authority m bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to die terms and conditions stated
berein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by sells 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 of die essence. Delivery and performance mull be effected within time time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial lam deliveries, shall operate as a waiver of this prov¢ion. In the event of my delay,
the Purchaser shall have, in addifiw to other legal and equitable mmedies, the option of placing dais order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
Joe in causes not reassembly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemic, wars or
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,iruu when urc Sens fina received knowtedge the1Wf. In the event of my such delay, die date of delivery shad be
in ^ dad far the proud egwl to the time acmally la. by r^_sen eftN_ "..r.t ,.
3. WARRANTY.
The Sells warrants that all goods, anicles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other dcacriptiow given, will be fit for die purposes intended, and
performed with the highest degree of cam and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless Lora any loss, damage or expense which the
Purchaser may sufis or incur an account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, my defects or faults arising within me (I) year or within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller aRer the date of
acceptance of the goods furnished hereunder (acceptance not to be unseasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or we of goods by the Purchaser shall not
constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately mused by the breach of my of the foregoing waranties
or guaranies, 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 [emu by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the temp, other than legal terms, including additions to or deletions from
the quantities originally ordered in die specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written chmge olds, temmimte this agreement as to any or all portions of the
goods then not shipped, subject to my equitable adjustment between the parties as to my 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 goods 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 am the Sellers standard stock. No such termination shall mlieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mat be asserted within thirty (30) days from die date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered mid famished in suet
compliance with all applicable laws and regulations to which the goods are subjecL The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agms 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 party shall assign, Quwfer, or convey this order, or any monies due or to become due hereunder without the
prior written commit of die other party.
10. TITLE.
The Seller warrants full, clear and wommicted ride to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement free and clear of my and all liens, restrictions, mservntions, security, interest
encumbmncm and claims of others.
13. PURCHASERS PERFOR'dANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by die
Purchaser and the Seller, and die Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expedit ous means, available to it, and the Sells shall pay all
costs associated with such work.
The Seller slisll release die Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fnnh of negligence of the parry released and shall extend to the
diteceirs, officers and employes of such party.
The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perforated or caused an be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark
or copyright, the Sells shall indemnify and save hamtless the Punctuator from my 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 for any cost expense or damage which it may be obliged to pay by reason of such
infringement 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 die use of
said equipment or part is enjoined, file Seiler shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace die same with substantially equal bra
noninfrmging equipment or modify it so it becomes noninfringing.
IS. INSOLVENCY.
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itiem reuesea uusme Cser aaY or the Shµ cm upmry eau btxiusn, thin mkm mmay ferwanm wimh be iesi by
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Purchaser without liability.
16. GOVERNING LAW.
The deflations offends; wed or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hemunder,
including die services of Sellers Represenmtive(s), an the premiss of others.
17. SELLERS RESPONSIBILITY.
The Sells shall carry an said work at Seller's own risk unfit the same is fully completed and accepted, and shall,
in core of any accident, destruction or injury to the work and/or materials before Settees final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for imtallatum or erection by the Sells, the Seller shall receive, unload,
stone and handle some at the site and become respowible therefor as though such materials and/or equipment
wean 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 dependents in accordance with the laws of the state in which the work is to be done. The Sells
shall also carry comprehensive general liability including, but,wt limited m, contmctml and automobile public
liability insurance with bodily injury and death limits of at lent 5300,000 for my one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shot[ likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of time Sellers or his contractors
employees shall do any work upon the premises of others, the Seller slall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insumam have been provided. Such certificates shall specify the dam when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unfit after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby woman the entire responsibility and liability for any and all damage, loss or injury orally kind
or name 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 Sells will indemnify and hold harmless the Purchaser and any
or all of the Parchment officers, agents and employes from and against soy and all claims, loses, damages,
chards or expenses, whetter direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by mason of any act action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account or
by reason of any act action, neglect, omission or default of the Seller of my of his contractors or any of its at
their officers, agents or employees as aforesaid, the Seller hereby agrees to asswm the deeeme thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employces in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Sella will at once cause the same to be dissolved mid discharged by giving bond or otherwise. The Seller and
his contrndors shall take all safety precautions, famish and insist[ all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 032010