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HomeMy WebLinkAbout111306 CONSERVE-A-WATT LIGHTING - PURCHASE ORDER - 9121342Fort Collins Date: 03/07/2012 Vendor: 111306 CONSERVE -A -WATT LIGHTING 720 VALLEJO ST DENVER Colorado 80204 PURCHASE ORDER PO Number Page 9121342 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/07/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to cover the cost of miscellaneous electrical supplies, light bulbs, etc. for fiscal year 2012. All deliveries shall be made upon request of City Facilities Department only. All deliveries shall include an invoice or delivery ticket. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption.,. By statute the City of Fort Collins is exempt from state and local taxes. Can Exemption Number is 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Interval Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (ndf Goods Rejected. GOODS REJECTED due to failure to meet .specifications, either when shipped or due to defects of damage in transit may be reamed to you for credit and am not to be replaced except upon receipt of written instmetions from the City effort Collins, Inspection. GOODS arc subject to the City arrant Collins inspection on arrival. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the temu nod conditions hereof. failure or delay In exercise any rights or remedies provided herein or by law, (attire to promptly notify the Seller in the Ctent of a breach, the ncccptance of or payment for good, hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance bercefor any of its rights or lowdics as to anv such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hcrcundcr, nor shall any purported oral 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 11 ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting front nntitmst ACCEPTANCE is dependent upon completion ofe11 applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order. the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipment must be F.O.B., City of Fort Collins. 7110 Wood St.. Fort Collins. CO 90522. unless acquiral under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If permision is given to prepay freight and charge scpnmtcly, the original freight purchased or acquired by the Purchaser parstrant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to cancer nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excuse freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance, may cause the work to be performed by the most expeditious means available to it. and the Seller stall pay all costs associated with such work. Permits Seller shall Immure at Scllcrs sole cost all necessary permits, certificates and licenses required by all applicable Incas, regulations, ordinances and roles 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 anew to hold the City of Tort Collins hamiless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, nnlinnnces, oaks and requirements. Anthorization. All parties to this conflict agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 7. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive nn your promised delivery date as noted. Time is critic essence. Delivery and performance must he effected within the time stated on the purchase order and the dmumcnts attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpaaial late deliveries, shall operate as a waiver fthis provision. In the event of any delay, the Purchase shall have, in addition to other legal and equitable remedies, the option of placing this enter elsewhere, and holding the Seller liable for damages. Iiowcvcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault ofncgligence. such acts of God, acts ofcivil or militaryauthorities govcmmcntal priorities, fires, strikes, Bond epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller for received knowledge thereof. In the event of any such delay, the date of deliveryshall be extended for the Period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seiler warrants that all goods. articles, materials and weak coered by this aide, will confirm with applicable donvings, specifications, samples and/err other description, given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mhure. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace. repair or make good. without cost to the purchaser, any defects nr faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms ofnny applicable warranty provided by the Seller after the date of mccptance of the goods furnished hcrcundcr (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this romanty. Except as othmvise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties ar guemntcies, but such liability shall in no event include loss of pmfns 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 term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to or deletions from the guamitics originally covered in the speei see tions or drawings, by verbal or ormen change river. If any such change affects the amount due or the time ofperfonnance 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 all pourers of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted pardon 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 are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 9. 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 laws and regulations to which the goods 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 character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order. or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrens full, clear and unmtacted title Io the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions. msew:rations, security interest encumbrances wad claims of others. The Seller shall release the Pomhascr and its contractors of any Her from all liability and claims of any nature resulting front the performance afsueh 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 of such party. The Seller's contmctual obligations, including warranty. shall nut be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use any design. device. material or process covered M letter, patent, trademark or copyright, the Seiler shall indemnify and save harmless the 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 danmgc which it may be obliged to pay by reason of such infringement at any lime during The prosecution or over the completion of the work_ In case said equipmenl, or any purl thereof or the intended use of the gra(ls, is in such suit held to constitute infringement and the use of said equipment Or part 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 mac with substantially equal bur noninfringing equipment. nr modify it so it becomes noninfringing. 15. INSOLVENCY. If the SC11Cr shall bvemac insolvent or bankrupt, make an nuignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business this order may frahwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation afthe agreement and the rights ofall panics hereunder Shall be conswed under and governed by the laws ofthe State of Culmado. USA. The following Additional Conditions apply only in cases where the Seller is In pafamm work hcrcundcr, including the services of Scllcrs Representativc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr droll carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in ease of nay accident der4metion or injury to the work and/or materials before Seller's final completion tied acceptance, complete the work at Seller's mvn expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, upland, store and handle same at the site and become responsible thcrefar as though such materials and/or equipment were being furnished by the Scaler under the order. 19. INSURANCE The Seller shall. it his non expense provide for the payment of workers compensation. including mco,sairnal 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 he done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and aumnmobile public liability insurance with bodily injury and death limits ofin Icn.r S300.11Irt for any one person. 5500,100 for any one accident and properry dmnnge limit per accident of S400.016. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall du may work no. the premises of others, the Seller shall famish the Pumhascr with a cenific.m that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have hecn provided. Such c,i ifau,tes shall specify the date when such eompcnswimm 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 Scllcr hcmby..sumes the entire responsihilil) and liability for any and all damage. loss or injury ofany kind or nature whatsaaver to persons or property caused by or resulting from the execution of the work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and arm, or all of the Purchasers officers, agents and empinyces from 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 subjccl by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors. or any of the Sellers or contractors officers, agents at employees. In case any suit at other proceedings shall be hmught against the Purchaser. or its officers, agents nr employees at any time on account or by reason of any eel, action, neglect, omission or default of the Seller ofany of his contractors or tiny of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend Ilse Same at the Sdicrs own expense, to pay any and all costs, charges, atomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such sails or other proceedings. and in case judgment or other lien be placed upon Or obtained .guinst the property of the Purchaser. or said panics in or as a result of such Suits or other proceedings, the Seller will at once cause the an,, to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take all safety precautions furnish and install all guards necessary for the prevention of accidents. comply with all Ina:, and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all ndcs and regulations issued pursuant fervor. Revised 0312010