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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 3212163 (2)PURCHASE ORDER PO Number Page City OfCollins ��� 3212163 t of z ol f ns This number must appear F6r} G ,�-J`'' ` on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 109171 CRESCENT ELECTRIC SUPPLY CO P O BOX 1666 1404 E MAGNOLIA FORT COLLINS Colorado 80522-1666 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 UOM Unit Price Extended Ordered Price 2012 Blanket Order Utilities 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 Total Invoice Address: 10,000.00 10,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stemde the City of F.1 Collins is exempt fmm state and Ioeal nixes. Our Exemption Number is 11 NONWAI VER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon .strict performance of the terms and conditions hemuL failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of s breach, the acceptance ofor payment for good hereunder or approval ofshe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to Failure to meet specifications, either when shipped or disc to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perfnmance hereofor any of its rights ar remedies as to any such goods, regardless instructions Form the City of Too Collins. of when shipped, received or accepted, as to any prior or subsequent default hcmmder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser upends, as a waiver of any of the terns Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this undo can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting form antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fans bums, he 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 hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St., Four Collins, CO 90522. unless acquired under federal or state amitm[I 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 mis purchase ordm bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURC14AS ERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Scller to souses nonconPoming or defective good by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller,and the Seiler thereafter indicates its inability m unwillingness to comply, the Purchaser shipments are made from greater distance, may cause the work to be performed by the most expeditions means available to it. and the Seller shall pay all costs associated with such work. Pewits. Seller shall procure 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 any mhcr duly constituted public authority having jurisdiction over the work of vendor. Seller forther agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of tin asserted at established violation of any such laws, regulations, ordinances, mles and requirements. Authors ration. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said Panics. LIMITATION OF TERMS. This Purchase Onler expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incepumted herein by reference. Any additional or different some; and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if You Cann., 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 stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opcium as a waiver of this provision. In she event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military anthorilics, govemmental priorities, rims, strikes, food, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of,hc time when the Seller first received knowledge thereof. In she event of any such delay. the date of delivery shall be cticnded for the period equal to the time actually Ion by reason of the delay. 3. WAR RANTY. The Seiler warrants that all good, articles, materials and work covered by this order will conform with appl icablc drawings, specifications samples and/nr other descriptions given, will be fit for the purposes intended, and performed with the highest defies, of care and competence in accordance with accepted standards for work of a .similar nature. The Seller agrees to hold the purchaser harmless front any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repairer make good, without cost to the purchaser, any defects or faults arising within one (1) year Or within such longer porind of time as maybe prescribed by Inw or by the toms fany applicable wawnty, provided by the Seller after the date of acceptance of the goods furnished hereunto (acceptance not to be unreasonably delayed). resulting from imperfect or defeetbre work done Or materials furnished by the Seller. Acceptance or use of goods by the purchaser shall not constitute a waiver ofany claim under this warn my. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing %vawntics or guarantees, but such liability shall in no event include loss of profits or Ions of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHA NO ES IN LEGA L TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the term, other than legal terms, including additions to or deletions from the quantities originally nrdcred in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpttfomanec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, monsoon, this agreement as to any or all portions of the fonds 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 Seller with respect to any good which arc the Scllcrs nandvd struck. No such tcrosimtimi shall relicvc the Porchascr or the Seller of any of their obligations as many good., delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the good are subject. 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 characterize hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Porchascr ham,kss form all costs and damages suffered by the Purchaser is a result of the Sellers Gilure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or tiny monies due of to become disc hereunder without the prior written consent of the other party. 10. TITLE. The Seller womnts full, clear and unrestricted title to the Purchaser for all equipment, ran mrials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the directors, effects and employees of such party. The Seller's contractual obligations, including vision, my. shall not he deemed to be 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 ond save harmless she Purchaser from any 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 mny be obliged to ryry by reason ofsueh 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 snit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, it its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the sins, with substantially equal but nnnini inging equipment, or modify is so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make in assignment for the benefit of crolims, appoint a receiver or Trustee for any of the Sellers proper, or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofternx used or the interpretation of the agreement and the rights of all parties hereunder shall be conswed under and governed by the laws of the State of Colnum n, USA. The fallowing Additional Conditions apply only in cases where the Seller is To perfnm work hereunder, including the services of Sellers Repmscnttive(%), on the Premises Ofothers, 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury To the work and/or materials before Seller's final completion and acceptance, complete the work at Scller% own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seiler. the Seller shall recene. unload. .store and handle same at the site and become responsible therefor is though such materials and/or equipment were being furnished by the Seiler under the order. I S. INSURANCE The Seller shall. at his users expense, pmvide for the payment of workers compensation. including occupational disease benefits. To its employees employed on or in connection wish the work covered by this purchase order. and/or to their dependent in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bat not limited to, comracu al and automobile public liability insurance wish Emily injury and death lira its of at least 5300.000 for any one peons. S50L000 for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any. To provide for such comport anon and insurance, Before any of the Sellers or his contractors cmplovccs shall do any work upon the premises of others, the Seiler shall furnish the Purchaser with a cedificate that such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenifientes shall specify the disc when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scller hcrcby assumes the ensure responsibilityand liability for any and nil damage, loss or injury ofany kind or nature whatsoever to persons or progeny caused by or resulting fmm the execution of the work pmvidcd for in this purchase under mr in connection herewith. The Seller will indenmify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages charges or expenses, whether direct or indirect, and whether to persons or property To which she Purchaser may be put or subject by reason of wry act action, neglect, omission or default To, the pan of the Seller, any Of his contraelor5. or any of The Sellers or contractors affects, agents Or employees. In ease any suit or other proceedings shall he brought against the Purchase, or its oRecrs, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of The Seiler ofany of his contractors or any of its or their of ecus. agents or cmplovccs as aforesaid, she 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, 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 employees in such suits or other proceedings, and in case judgment or other lien be placed npnn or obtained against the property of the Purchaser, or said parties in or as a result of such .suits or other proceedings, the Seller will at once cause The same To he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safely precautions, furnish and install 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 miles and regulations issued purstmnt thereto. Revised 03/2010