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HomeMy WebLinkAbout111306 CONSERVE-A-WATT LIGHTING - PURCHASE ORDER - 9120270PURCHASE ORDER PO Number Page City Of 9120270 1 of 3 `t Collins OI lI „s This number must appear ` ' 1 on all invoices, packing slips and labels. Date: 01/1712012 Vendor: 111306 Ship To: UTILITY SERVICE CENTER - WA CONSERVE -A -WATT LIGHTING CITY OF FORT COLLINS 720 VALLEJO ST 700 WOOD ST DENVER Colorado 80204 FORT COLLINS Colorado 80521 Delivery Date: 01/17/2012 Buyer: OPAL DICK Note: Pricing and Delivery information provided by: Stephen Koutavas @ Conserve -A -Watt Line Description Quantity UOM Unit Price Ordered Extended Price 1 7022-5300 204 EA 7.1900 1,466.76 100W, 55V HIPS Lamp 12E3 LAMP, HIGH PRESSURE SODIUM, 100W, SINGLE ELEMENT, MONOLITHIC ARC TUBE, CLEAR, 55V LAMP VOLTAGE, UNIVERSAL BURNING POSITION, NICKEL PLATED MOGUL BASE PHILIPS, C100S54; 2 7022-5301 204 EA 8.9000 1,815.60 150W, 100V HPS Lamp 1263 LAMP, HIGH PRESSURE SODIUM, 150 W, FOR 100 VOLT OPERATION, NICKEL PLATED MOGUL BASE, UNIVERSAL BURNING POSITION PHILIPS, C150S56; vInvoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page Clty. of 9120270 2 of 3 Flirt Collins This number must appear ,\_,J`'- ` ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 3 7022-5305 250W, 55V HPS Lamp 12C3 180 EA 7.6900 1,384.20 LAMP, HIGH PRESSURE SODIUM, 250 W, SINGLE ELEMENT, MONOLITHIC ARC TUBE, CLEAR, 55V LAMP VOLTAGE, UNIVERSAL BURNING POSITION, NICKEL PLATED MOGUL BASE PHILIPS, C250S50; 4 7022-5321 400W, HPS lamp 12D2 84 EA 7.8900 LAMP, HIGH PRESSURE SODIUM, 400W, SINGLE ELEMENT, MONOLITHIC ARC TUBE, CLEAR, 95V LAMP VOLTAGE, UNIVERSAL BURNING POSITION, NICKEL PLATED MOGUL BASE PHILIPS, C400S51/ALTO; 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 Total Invoice Address: 662.76 $5,329.32 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ofder Tcl*nls and Cond;don 1. COMMERCIAL DETAILS. - Page 3 of 3 9T'ax exemptions . By stvlutr the City of FAA COD"" a exempt (man stale And local taxes. Our Exemption Nmuber is I L NONWAI VER. 8-04502. Federal Excise Tax Exemption Cenificute.of Registry 841000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of We irrms and conditions hereof failure or delay to Internal Revenue, Dcnlet, Colorado (Ref Colorado Revised Suoutn 1973, Chapter 39-26, 114 0)4 exercise any rights or Infamies provided hacin Or by law, failure to and cmtlYahli fy We Seller it the went of o breach, We acceptance of or payment for goods hircander or approval of Me desiga, shall .1 release the Seller of Goods Rejected. GOODS REJECTED due to failmr go mot speciliorimet. either when shipped or due to defects of any of the wwr ins or obligations of this purchase order and shall not be defend Awaiver of ivy right of the dmage it Sarni may be returned to you far crdil and are not to be replaced except upon receipt of written pmchaseno insist upon strict peifomunec hereof or Any of its rights or remedies ss ro any sucGgaods, regardless instructions from the City of Fors Collins. of when shipped, received or Accepted, As tom And modification of -scission of this purchase orderrbyr the Purchnaserrfault operaa hereunder. aiver of any of thr shall Any e wme Inspection. GOODS we subjeca to me City ofFon Collins inspection on Arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in reaPonse to this order can result in authorized paymem on We pan of the City of Fun Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required impecion procedures. Freight Terns. Shipments must W F.O.B„ City of Fort Collins. 700 Wood St., FortCollins, CO 80522, unless otherwise specified on this order. If Permission is given to prepay freight and change sepamlcly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturer have distributing points, in various pans of the emery, shipment isexpectedfrom We meanest distributionpointto destuurion; and excess freight will be deducted from Invoice when Shipments arc made from greater dumncc. Permits. Seller Shull procure at sellers sole can all nacsmry Permits, certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the Soule, municipality, territory or political subdivision where the work is performed, or required by Any other duly constituted public outhoriry baying jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by reason of an scscraed or established violation of any such laws, regulations, ordinances, rules and requirements. 12. ASSIGNMENFOF ANTITRUST CLAIMS. Seller will the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust violations are in fact home by the Purchase, Theretofore, for good cause and is consideration for executing this purchase Order, the Seller hereby Assigns to the Purchaser any and all claims it May now have or imn Bier acquired under federal or state antitrust laws fan such overcharges aiming totheparticular gods or services purchased or Acquired by the Purchaser pursumno this purchase Orden 13.PURCHASERS PERFORMANCEOF SELLERSOBLIGATIONS. If the Purchaser directs the Seller m coma nonconforming or defective goods by a dote to be Agreed upon by me Purchases and We Seller, And the Seller themif¢r indicates is inability or unwillingness to comply, the Purchaser may cause the work to be performed by the mom expeditious means ovailuble to it, cad We Seller shall pay all costs associated with such work. The Seller shall release the Pumhaeer and its contractors of Any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in We event of fault of negligence of the an released A d hap directors, officer And employees ofsuch party. P y A s exlead to We Authorization. All parties to this contract agree War the representatives am, it fact, bona Bda and possess full and 'complete authority m bind said panics. The Sellces contmnusl obligations, including warranty; shall not be darned to be reduced, in any way, because OF LIMITATION OF TERMS. This Purchase Order expressly limits BcCCP=cc to the terms and conditions stated herein set any Supplementary terns or sand such work is performed or mused to be performed by the Purchaser. - bons r hacin by Any ddi rcliff conditions reference. Avy Additional or diflcror tams and conditions proposed by sdlrr von objected to and hereby rejected. ro conditions a r rota o hereto or and hereby 14. PATENTS. Whenever the Seller is required to use any design, device, malarial on process Inn covered by Inner, trademark 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inmsdiamly Ifyou taming make complete Patent. or copyright, Wharmless the Seiler shall indemnify and save hathe Purchaser from, any and all claims for infringement by ressm of the Of welldevim,mate materialo i connection with the contract, pots shipment m arrive on your promised delivery date as noted. Time is ofine essence. Delive and ry pafomnmce must be effected within the time winched stated on We pmchose order and the dories, ntted costdca, damnify the Purchaser and r Arp may be obliged b bed -.pay by moron of loch infringement at my tine Wiring the pracwtion or the its hereto. Nu secs of the Purchasers including, without orriaceeptanca ofpanidl fete Deliveries, shall oprmre a;,o wnrver of this provision, In tab event ofany delay,, after completion of 0ic work. lit case mid equip I ag, or any pan thereof or We intended use of the goods, is in such suit held to constitute infringn. i and the use of and the the Pu the PureLaur stall have, in admnon is oiler legal And equitable remedies, the option ofplacing this order elsewhere mad holding the Seller liable for manages. However, sand equipment or pun is enjoined,. the Seller shall, m is own expeae and at its option; either nd for the Purchaser the right 10 continue using mid. egmprrment is pate, itherequal the Seller shall mot be liable for dmnagcs as a result of delays due to Cowles not reasonably foreseeable which are beyond its rucowmlFcomrol and without its fault ofurgligence, replace tame with but noninfrivging mimpmenl, or modify it so it been. 0.mof filing substantially q ' such sus of God, acts ofcivil or military, authorities, governmental priorities gives, strikes, flood, epidemics, wars or riots provided dint notice of the conditions causing such delay is to Purchaser 15, INSOLVENCY. given the within five (5) days of the time when the Seller first received knowledge thereof. In the even of any. such delay, the date of delivery shall be If the Seller shall become insolvent or bankrupt, make Anessigiminem for the benefitofcrediiors, appoint e receiverextended or trustee for for the period equal to the time actually I" by reason ofhe delay. any of the Sellers property or busivess, this order may forthwith be canceled by We Purchase, wlthom liability, 3. WARRANTY. The Seller warrants mat all goods, articles, mabrials and wort: covered by this order will conform with applicable drawings, specifscutioa, samples and/or other descriptions given, will be tit foronWe intended, 16. GOVERNING LAW. The deLnitios ofmms used or the interpretation ofe agreem nrnt and me rights Afall panics hereunder shall be purposes and performed with the highest degree of cam And competec in accordance with accepted stundards for work Covenantalunder and governed by We laws of the Sate Of ColoSide, USA. er agrees to hold of a purchaser which We Purchaser may u Ter orsimilar lure. The li Burr on c our ofine Sellers breach Of anarry. The Stiller shall replacmasc or e, or make The including d, s Additional Condlllnmis apply only in eases where the Seger is to perform walk hereunder, b done services of Sellers Reprcmaative(s), good- whhom cost to We Purchaser. any defeas'or fsults raisin • wihin one 1or—willing'- _D!W b O yenr.such longer period of on the premises ofomers. - acne As may be a goods f by law or re me rants ofany applicable wmmnry provided by the Seiler after the dare of aaeptavee of the goods famished hereunder (uerptnAm not to be umeawvably delayed), resulting from imperfect 17. SELLERS RESPONSIBILITY. The Seller shall carry oil said work or defective work done or materials famished by the Seller. Acceptance or use of gods by the Pu-hoer shall not constitute ofany claim under this wmanry. Except provided lA this oed atScllces own risk until the Saar is fully completed and accepted, and shall, in case of any accident,'dettmction or injury m me wort: and/or materials before Sellers foul completion And acceptance, rwnivrr purchase order, the Sellers liability hereunder shall extend to all i damages o by th proximately caused by the broach of my of the foregoing warranties gMERCH but such liability shall in m complete the work at Scller$ own expense, And to the Satisfaction of the Purchaser. When materials red equipment are furnished by Omer for Install SON, or erection by the Selor, the Sella sham eve eve- Imeimdc loss ofprofits A Ions . use. NO IMPLIED WARRANTY O OR OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. receive, unload. store and handle save at the site and become responsible therefor As rough such rmgerish and/or equipment were being famished by the Seller under the order. 4. CHANGES IN LEGAL TERMS. The Purchaser may makc'lunges to Ie8a1 terms by %Tinen chw8c order. 5. CHANGES IN COMMERCIAL TERMS, The Purchacer may make any changes to the tens, other than legal leans, including addiliors to or deletions from m the quthics originally ordered in the specifications or drawings, by verbal of xdncn change order. If any such change Arfecs die amount due or the time ofPerfOmmmec hereunder. An equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may ill any time by wrinC l change order, terminate this Agrmencat As to any or all portions of the goods then not shipped. subject to Any equitable Adjustment between the panics a to any work or in portions; Wen in progress provided that the Purchaser shall not be liable fan any claws for Anticipated profits oil the uncompletedisgive in Portion of the goods and/or wort. for incidental or consequential damages, and Rat oo such adjustment made in favor of the Seller with Seller of y any goods which Am the Sellers stomIQ Stock No such Imagctation shall relieve the Pu-Laser or We Selicr ofany afine'n obligations As w any gooks delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far wjusmacm musts be Assmrd within thirty (30) days from the data the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrbns dial all goods sold hereurmda shall have been produced- sold, delivered and famished in strict Compliance with all applicable laws and regulations to which me goods arc subject. The Seiler 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 chamaer are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the PmeLuscr harmless from all Coss and damages suffered by the Purchaser AS A result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmafeq or convey this order, or any monies due or to become due hereunder without the prior Winer, consem ofth, other party. 10. TITLE. The Seller warrans full, clear And umcsuictd tide to the Purchaser fan all equipment. materials, and items furnished in perfomtaue of this agreement, free col clear of my and all liras, reoriclions, reservations, security interest encumbrances and claims ofomen, IS. INSURANCE. The Scller shall, at his own expense, provide for the payment of workers compemation,'including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to Wei dependems in accordance with the laws of We state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited a, curnectml amw amomobile public liability a wance wmm bodily injury and death limits of at lrnsi 5300,000 tots any owe person, 5500,000 for any one accidents And property damage limit per accident of 5400,000. Tla Scllcr shall IJewise require his contractors, if my; ro provide fw such'compenaation end insurance. Befa- sh all do Any workupou We premises otothCOS. the Seller shall famish me Purchaser with a cettscate I such compcpsution and Insurance have ban Provided. Such cenifrmtesshall specify We dam when such compensation and imwance have bttA provided Such cC.Ifieves shall specify We dare wLm such coiipeasvtion end insurance expires. The Sella agrees thb...... oepcvsetion and insurara Shall 4 maintai0.d until rifler We otirework ¢completed and acaprcd.. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby wi umes the entire responsibility And liability for y and all damage, loss of injury ofany kind or.mare whatsoever to priores or properlym caused by or resulting from the execution of the work provided for in this purchase older or in connection herewith. The Seller will indemnify And hold timeless the Purchaser and my or all of We Purchasam oRfcceS, agents Said employees from And against, any sadd properly claims, losses, danagcs, al charges of expenses, whether direct or.i dirma. and whether to'petsoa or propadd a l which the Purchesa may be put br subject by reason of any act, action, neglect. omission or default on the pan of the Seller any f h my sois contractors, of any of mat Sellers Contractors Wificeo n; agents or employees. In case 'il or other Proceedings shall he brought ngn1mt the Purchaser, Or its ofliccn, agents or employees at any time on account or by TCASOSI oftheir Affects, ny act, Action,. neglect onussioi-or default of the Seller of Any of his contractor, or any of is or bents or employe s as aforeshid; We Seller Ilaeby agrees to assume the defense thcrcof and to defend the same tit the Sellers own expense, go pay any 814 all costs, charges; Attorneys fees and other expenses. Any and all jgdgmcnts than may be incurred by or obtained against We Purchaser of any of its or Weir o0icen agents oremployees in such suits or o0mrproceedings, laid in case judgment or other lieu be placed upon'or obtained Against the property of the Purchaser, or said parties in of as lresult ofsuch suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Scller And his contractors shall lake till safety precautions, famish and install all guards necessary for the preventing, of accidents, comply with all laws and regulations with regard to safety including, hot without limitation, the OccuPmional Solely bad HealW'Act of 1970 and all rules and regulating issued pursuing, thereto. Revised 0312010 - -