Loading...
HomeMy WebLinkAbout111306 CONSERVE-A-WATT LIGHTING - PURCHASE ORDER - 9120294PURCHASE ORDER PO Number Page City Of 9120294 1 of 3 `t Collins oll` I n C This number must appear �7 on all invoices, packing slips and labels. Date: 01/18/2012 Vendor: 111306 Ship To: OPERATIONS SERVICES CONSERVE -A -WATT LIGHTING CITY OF FORT COLLINS 720 VALLEJO ST 300 Laporte Avenue DENVER Colorado 80204 Building B FORT COLLINS Colorado 80521 Delivery Date: 01/18/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 63-32 Watt & 25-17 Watt Lamps() 1 LOT LS 5,519.00 214 N Howes 2 57-32 Watt Lamps 1 LOT LS 3,591.00 200 W Mtn 3 8 -32 Watt Lamps 1 LOT LS 504.00 112 N Howes 4 78-32 Watt & 2 17 Watt Lamps 1 LOT LS 5,038.00 212-218 W Mtn 5 Stock Supplies 1 LOT LS 310.00 V 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CI�/ Of///��� 9120294 2 of 3 F/' rt Collins lins This number must appear !�J`' ` v ` on all invoices, packing slips and labels. 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 Fart 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: $14,962.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condition Page 3 of 3 I. COMMERCIAL DETAILS. _ Tux exemptions. BY statute the City of Fan Collis is "chill 1h0111 state unit local tows. Our Exemption Number u 11. NONWAIVER. + 98-01502. Federal Excise Tux Exemption Cenitieate of Registry 84-6000587 is registered with the Collector of Fuilurc of the Purchuscr to insist upon wrier perfurn unm of the terms and conditions hereof, failure or delay to Internal Re,vanuc, Denver, Colorado (Ref. Colorado Revised Smtmes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly unify. the Seller in the event of. branch, the acceptance ofor p.yman for goods limeunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet stiYilicmium. either when shipped or due to defers of any of the Warranties or obligations of this purchase order unit shallnot be deemed u waiver of any right of the da"gm in transit. may be returned to you for credit and arc 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, regurdless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereundef, nor shall ally purponed Inspection. GOODS arc subject to We City of Tom Callas isprofian on arrival. am] modification or rescission of this purchase order by the Purchuscr op,ate terms waiver of any of the teti hereof. Final Acceptance. Receipt Of' the meneh.ndise, services or equipment in response to this order can result in 12. ASSIGNMENT OF AN] IIRUST CLAIMS. au llorield paymm, on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize dial in actual economic paeuce, overcharges resulting Iran annular ACCEPTANCE is dependent upon completion dial applicable required inspection procedures. violations m, in fact borne by the Purchaser. Theretofore, for good mouse and as consideration for cxeauting ads Freight Tema. Shipments must be F.O.B., City of Four Colluu, 700 Wood St., Fort Collins, CO 80522, aide" otherwise specified on this order. If permission is given to prepay freight and charge separately, the original (night bill must accompany invoice. Additional charges for packing will not be accepted. Shipment D'uanec. Where nianutacwrcr have distributing points in various pans Of the country, shipment is expected Item din neurst distribution point to destination. mid excess freight will be deducted (rum Invoice when shipments an made from greater distance. Pemtis. Seller shall pru m, at sellers sale cull all necessary pdmis, mmific-l" and licenses imparmJ by all applicable laws, regulations, ordinainces mid rates Of the sure, municipality, armory or political subdivision where the work is perfumed, or required by any other duly curestimnd public authority having jurisdiction Over file work of vendor. Seller further ugr<s to hold the City of Fort Collins formless fmm and against all liability and loss incurred by them by reason of on asxrievf or established violation of any such laws, regulations, ordinances, ruts and requirements. Aohofimtloa. All panics to this contact agree that the representatives arc, in fact, bon. tide and possess; full mid complete authority to bind said parties. LIMITATIUN'OF TERMS. This Purchase Order expressly limits acceptance to tin terns unit conditions sated herein set forth and any supplementary or additional tarots and conditions annexed hereto or incorporated herein by reference. Any additional or different ants and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnmdimely if you cannot make complete shipment to arrive on your promised delivery date s noted. Time is ofthe essence. Delivery and performance trust be effected within the time stated on Vle purchase order wild the daeummilts attached herem. No ace of the Purchusen including, without limitation, acceptance ofpuniul lute deliveries, shall operate as u waiver of this provision. In the event 'of wily delay, the Purchaser stall have, in addition to other legal wild equituble reedits; the option ufplucing this order elsewhere find holding the Seiler liable fur among". However, die Seller shall not be liable for damages as a result of delays due to cause at reasonably fica.,able which arc beyond is tenantable control and without its 1'null ul'ncgligencc, such acts of God, acts ufcivil or nliliary authorities, govenunenal priorities, fires, strikes, flood, epidemics, wars or riots provided thin notice of the condilios causing such delay is given to the Purchaser within live (5) days of the tine wbell the Seller and received knowledge thereof: In the event ofully such delay, the data of delivery shall be extended fur the period equal to the time actually lost by reason of a, delfiy. 3. WARRANTY. The Seller +wrens that all goods, finials, materials and work covered by this order will conform with applicable. drawings. specifications, samples .nd/or other descriptions given, will be lit fur the purposes intended, and perforated with the highest degree of can and competence in accordance with accepted standards for work of a snmilur "lure. ]'he Seller agrees to hold the purchaser hamfie" front my loss, drainage or expense which die 'Pu id scr nay suffer or uncut ern account of the Sellers breach of wamuty. The Seller shall replace, repair or retake good, without cost to the purchaser, oily defies or faults arising within one (I) year or within such longer period of time as may be prescribed by Inv or by the terms of mry applicable warranty provided by the Seller alter the date of acceptance of the gads furnished limes def (acceptance not to be umc.sonobly delayed), loathing lion impeded or detective work delta or materials furnished by the Seller. Accep"hce or use of goods by the Purchuscr shall nut coastmte a waiver ofmy claim under this wananry. Except us olmrwisa pmvideJ in this purchase order, the Sellers liability ilenmder stall axtenJ m all damages proximmely sated by the breach ofany of the foregoing warranties or guarantees, but such IiabOiry shall in no event include Iuss ofprofs or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tears by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may, make any changes to the team, other that, legal terns, including additions to or deletions from the q"raifiei originally otdered in the specifications or drawings, by verbal or written change order. If any such change allies the amount due or the tune ofpcifomamee hereunder, an equitable adjust"m shell be mad,. 6. TERM WATIONS. The Purchaser may at way time by Written change order, tcnninan this agreement as to ally or all punions Of the goods then not shipped, subject to any equitable udjusuact between the parties as to ally work or materials than in progressprovided that die Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ,onion of th, goods unJ/or work, for incidental or consequential damage, and thin no such mjusmem be made in favor Of the Seller with rsPeet m anSaudi Which Sauwhich ere the Sellers san IQ stock. No such termination shall relieve the Purehas,rar the Seller Of uny of their obligations as W cry goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) Jays from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller woman, dial all guods sold hereunder shall have been produced, sold, delivered and lunlisted in strict compliance with all applicable laws and regulations to which the goods are subject The Seller hall execute and deliver such documents us may be required to efleer or evidence compliance. All luws and regulations required to be inempurated in agrccnems of this clamacr ern hereby incorporated herein by this reference. The Seller agreesto indemnify, and hold the Purchaser handle. from all cot, and damages suffered by the Purchaser as a result Of the Sellers failure to comply, with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mums due or to become due hereunder without the prior written consent of the other poly. IU. TITLE. The Seller warrants full, dear and unrestricted title to the Punhsd for all equipment, Materials, wild items furnished in peffamleace of this agrecnnnr. free and clear of any and all lies, restrictions, reservations, security imemst encumbrances and claims of offers. Purchase order, the Seller hereby assigns to the Purchaser any and all cluits it tiny now have or hereafter acquired under federal. or state antitrust laws for such overcharges relating to the particular goods or services purclard or acquired by file Purchaser pursuant to this punctual. order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Halo Purchaxr directs the Seller to correct nonconforming of detective Sands by a date to be agreed upon by the Purchaser and the Seticr, and the Seller thereafter indicates its inability or unwilliagucs to comply, the Purchaser may cause the work to be performedby the most expeditious moms available (o it, and the Seller shall pay all cwts assceimmJ with such work. The Seller shalt release the Purchaser and is mnlraetors of my tier from all liability and claims of any nature resulting from the petlomaanec ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch puny, The Sellers continental obligations, including wart ❑y, shall not be decmcd to be reduced, in any way, because such work is performed or caused to be perl'amud by the Purchaser, 14. PATENTS.' Whenever the Seller is required to use any design. device, material or process covered by laneq Patent, trdmmxrk or copyright, the Seller shall indemnify and save harmless the P.mh.scr from any and all claims far infringemenl by reason Of the use of such patented d sign, device, material or process in connection witb tilt contract, and' that] indemnify the Purchaser for ally cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at mry time during the prosecution or after the completion of the work. lit case said equipment. or ally pun thereof or the intended use of the sands, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, ul its own expose and tat its option, either procure for the Purchaser the right to continueusingsaid equipnuhil or Paris, replace rhe'sanm with substantially equal but noninfringing equipment, or modify it so it becomes uuninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of cdclib s, appoint a receiver or trustee for mry Of the Sellers property or business, this order may forthwith be canceled by the Purchuscr without liability. 16. GOVERNING LAW. The definition ufteras used or the inimpremhion of this agrevincat and the rights of ull Ponies hereunder shall be construed under and governed by the laws of the Slate Of Colorado, USA. The billowing Additional Conditions apply only in cows where the Seller is m perform work hcmunder, including die services of Seller Rcloesenative(s), on the premises of oiler. 17. SELLERS RESPONSIBILITY. The Seller shall can, on said work at Sellers own risk until the one is fully completed ad accepted, and shall, in case of any accident, destruction or injury to die work and/or material's before Settees foal contraction and acceptance, complete the work al Sellers own expense unit to the smistaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, de Seller shall rcmiw, unload, store and handle sane at the site .,d become lespunsible thercfar as though such material and/or equipment were being furnished by the Seller under the older. 18. INSURANCE. The Seller shall, al his own expense, provide for the payment of workers compensation, including ommpado"1 disease benefits, to is employes employed oil or in connection with the work covered by this Purchase odor, and/or to their dependents in accordance with the Imes of din sine in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not linimd 10, contractual and automobile public liability asurence with bodily injury unit death limits of at least $300,000 fur any also person, S500,000 for my one accident and property damage limit per accident of $400,000. The Seller shall likewise require his convectors, if mry, to provide for such conpeasmum and insurance. Before way of the Sellers or his contractors empluy"s shall do any work upon die premiss ofothers, the Seller Atoll furnish the Purchaser with a cef iliemc dial such compensation and insuana have been provided Such certificates shall specify the date when such compensation and inuurmhcaave been provided. Such certificates shall specify die date when such compensation and insurance expiry. The Seiler agrees (but such compensation unit insurance shall be maintained..,it after the einla work is completed and accepted. Is. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssuner the entire responsibility and liability fur any and all damage, hiss or injury of mry kind or name whnsocver m persons or prop.:ny caused by or resultthg (min the execution of the work provided for in this purchase order or in connection herewith. The Seller will in lmauil'y and hold handless less the Pumhaacr and any or all of file Purchasers ullicen, agents wild employees (min slid against way and all cluims, losses, damages, charges or expenses, whether direct or indirect, ,tit whether to persons or property to which file Purchaser may be put or subject by remum of any net, action, neglect, Omission or default on the pun of the Seller, any of his contractors, or any of the Sellers or contactors Officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchuscr, or its officer, agents or employees ai any time on account or by reason of may net, action, neglect, emission Or deW.lt of tile Seller of any of his controllers or any of is or their officcn, u8ens or employees as aforesaid, the Seller hereby agrees to u"u lle file defense thereof and to defend the smile at if,. Sclicrs own expense, to Puy oily wild oil costs, charges, attorneys fees and other expenses, any end all judgnens Ihai nay be incurred by or obtained against din Purchaser or any of its or their ofLcros, agents or employe" in such suits or other proceedings, unit in case judgment or other lien be placed upon or abui It against the property of file Purchaser, or said parties in or us. result ofsuch suits or other proceedings, the Seller will at once cause We sanu, w be dissolved and discharged by giving bond or otherwise. The Seller and his contactor shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Ines and regulations With regard to solely including, but without limitation, the Occupational Safety and Health Am of 1970 and fill ales and regulation issued pursuant therm. Revised 03/2011)