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HomeMy WebLinkAbout323962 CDM ELECTRIC LLC - PURCHASE ORDER - 3211346City of art Collins Date: 03/15/2011 Vendor: 323962 CDM ELECTRIC LLC 14205 STATE HWY #14 AULT Colorado 80610 PURCHASE ORDER PO Number Page 3211346 1of2 This number must appear on all invoices, packing slips and labels. Ship To: DOWNTOWN DEVELOPMENT AU #19 OLD TOWN SQUARE, SUITE FORT COLLINS Colorado 80524 Delivery Date: 03/14/2011 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Light Poles City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 20,000.00 Total $20,000.00 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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 sp"ificatiors, either what shipped or due to defects of damage in manit, may be remmcd to you for credit and arc not to be replaced except upon receipt of written instructions from the City effort Collins. Inspection. GOODS am subject to the City offal Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tams and conditions hereof, failure or delay to exercise any rights or remedies provided hvcia or by law, failure to promptly notify the Seller in the event of a breach. the acceptance efor payment for goods hercunda or approval ofthe design. shall not release the Sellerof any of the warranties or obligations of this purchase order and shall not be dmmcd a waiver of any right of the purchaser to insist upon strict performance hacnfor env of its rights or remedies as to any such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hercanda, nor shall any pumuncd on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 pan of the City of Fort Collins. Hovova, it is to be understood that FINAL Seller and the Purchaser rccognizc that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or haeaner Freight Terms. Shipments most be F.O.B., City of Fort Collins, 7W Wood St.. Far Collins, CO 80522, unless acquired undo federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for picking will not be accepted. Shipment Distance. Where manufacturers; have distributing 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 arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and mles of the state, municipality, territory 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 further agrees to hold the City of Fort Collins harmless fmm end against all liability and loss incurred by them by reason of an asserted or established violation crony such laws, regulations, ordinances. mles and requirements. Antheriation. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or difracru terms and conditions proposed 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 date as noted. Time is ofthe a<rnce. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial Tale deliveries, shall operate as a waiver of This provision. In the event of any delay, the Purchaser shall have, in addition to other Icgal and equitable remedies, the option ofplacing this order clmwhcrc 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 forrsceable which arc beyond its reasonable control and without its fault of negligence, such acts of God acts fcivil or military andoritics, governmental pnontics, fires, strikes, Orod, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller feat received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be Po for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmles, from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller afla the date of acceptance of the gads famished hercunda (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Scllers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gumantccs, but such liability shall in no event include loss ofpmfits 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 wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wrincn change order. If any such change affects the amount due or the time offerformana hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or NI portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any 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 Sella with n.pect to any goad which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any galls delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have han produced, sold, delivered anti furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or mclarce compliance. All laws and regulations required to be incorporated in agreements of this character am herby incorporated hcmin by this reference. The Seller agrees to indemnify and hold the purchaser harmless Form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor written consent of the other parry. 10. TITLE. The Sella warrants full, clear and unresrricted title to the Purchascr for all equipment, materials, and items Finished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct mrcoa running or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Set let theme Der indimtcs its inability or unwillingness to comply, the Purchaser may cause the work to be paformal by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This rclase shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oBicas and employees ofsuch parry. The Seller's contractual obligations, including warmnly, shall not be deemed to he reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Pu bracr fmm nay 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 tiny cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or afia the completion of the work. In case said equipment or any pan thereof or the intended rise of the goods is in such suit held to constitute infringement and the rise of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Parchuncrwithout liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights ofall parties hacunda shall be construed underand governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sa,ras of Sellers Rcpmsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's men risk until the same is fully completed and accepted, and shill, in case of any accident, dcstmction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment ate furnished by others for installation or erection by the Seller. the Seller shall naive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including ocouparional disease benefits, to its employees employed on or in connection wilh the work covered by this purchase order. and/or to their dependents in accordncc with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500.000 for any one accident and property damage limit per accident of S400000. The. Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fimmish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall .specify the date when such conrpensartion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury Litany kind or nature whatsoever to persons or property caused by or resulting From the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hamiless the Purchaser and any or all of the Purchasers officers, agents and employees firma and against any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any net action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees, In case any suit or other proceedings shall be brought against the Purchaser. a its officals, agents or employees at any time on account or by reason crony act, action, neglect omission or default of the Seller crony of his contractors or tiny of its or their oBicers, agents or employees as aforesaid, 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, am mcys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their oRcas. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the primary ofthc Purchascq err said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving hood or otherwise. The Seller and his commcrom shall take all safety precautions, famish and install all guard 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 mles and regulations issued pursuant thereto. Revised 03/2010