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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 3212163 (3)PURCHASE ORDER PO Number Page City of 3212163 1 of z ' 6rt Collins This number must appear ` ` 1 'J on all invoices, packing slips and labels. Date: 0612012012 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 2 2012 Blanket Order Utilities -Addendum 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 [Kill 0 0 I Total $15,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and meal taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry "-6000587 is registered with the Collector of Frilurc of the Purchaser to insist upon strict perfommnce of the texts and conditions hover. fnilurc or dclav to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). c erciu any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mcd specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be domed a waiver of any right of the damage in transit, may be rctumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hacerforany of its rights or remedies as to any such goods regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rasissinn of this purchase order by the Purchaser operate as a w•aiwer of any of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 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 ran Collins. Hmvcvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges restdting from antitrust ACCEPTANCE is dependent upon completion off]] applicable required inspection procedures. violations arc in fact borne by the Purchaser. Thcremfnre, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser tiny and all claims it may now have or hereafter Freight Terms Shipments must be F O.B., City of Fan Collins. 700 Wood St., Fort Collins, CO 90522. unless acquired under 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 m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing 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 cscess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses rcquircd by all applicable Imes, regulations, ordinances and miles 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 ngrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. 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 Order expocsdy limits acceptance to the terns and conditions stated herein .set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional err different terms and conditions proposed by seller arc objected round 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 essence. Delivery and performance must he 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 operate as a wniver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order clsesvhcm and holding the Seller liable for damages. However, the Seller shall not be liable for damages is 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 Gnd. acts of civil or military authorities, go%c mmental priorities fires, strikes. Rood, epidemics, wain or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller liar 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 fl c delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be In for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a ,similar name. The Seller agrees to hold the purchaser hamtless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. 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 ptes ribed by law or by the terms array applicable warranty provided by the Seller finer the doe of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Sella. Acceptance or use of good by the Purchaser shall not constitute a waiver ofrny claim under this warranty. 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 warranties or guarantees, but such liability shall in no event include loss of profits or Inns 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 written 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 from the gromilic, ongnally ordered in the specificurioms or drawings. by verbal or wrinen chance order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the good then not shipped, subject m any equitable ndjustmcnt between the panics as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated motifs on the uncompleted Portion of the goods rndfor work. for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asscned within thirty (30) days fmm the date the change or continuum is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished 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 evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts 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 monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser far all equipment, materials, 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. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pnrchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Parchrser may cause the work In be Pcrfomtcd by the most expeditious means available to it. and the Seller shall par all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from nit liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offcom and employees of such party. The Scllcr'.., contractual obligation.,, including wamnry, shall not he deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to ose nay design, device material or process covered by letter, Patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser form 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 am cost. expense ar damage which it may be obliged to pay by reason fsuch infringement it any time during the prewcation or aRcr the completion of the work. In case said equipment. or any pan thereof err the intended ose of the good. 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 Pnrchascr the right Iti continue using said equipment or pans, replace the sans with substantially equal but noninfringing equipment, of modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or hunkupt make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may fonhu•i th be canee let] by the Purchaser without liability. Ib. GOVERNING LAW. The definitions oftemw used or the interpretation ofthe agrcemeat and the rights ofall panics hereunder shall be construed under and gnvemed by the laws ofthc State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs RepresentntivelO, tin the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry 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 Sellers final completion and acceptance. complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. R'hcn materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/err equipment were being furnished by the Seller under the order. 18. INSURANCE. The Sdicr shall, at his own expense, provide for the payment of workers compensation, including occupatinm it 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 automobile public I iability insurance with hMity injury and death Iimiw of or Ieaat S300.000 for any one person, S500,009 for any one accident and property damngc limit per accident of S40GA0. The Seller shall likewise require his contractors, irony. in provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do tiny work upon the premises archers, the Seller shall furnish the Pnrchascr with a cenificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such comp ais,ition and insurance have been provided. Such certificates shall specify the date when such eommmalion 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 hacby assumes the entire responsibility and liability for any and all damage. loss or injury nfnny kind or nature whatsoever to persons or propcoy caused by or resulting form the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify mul hold harmless the Pnrchascr 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 the Purchaser may he put or suhjco by reason of any act, action, neglect. omission or default on (lie pan ofthe Seller, any of his contractors, or any of the Sellers or contractors offers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account on by reason of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their oRccrs, agents or employees as aforesaid, the Seller hacby agrees to assume the defense thereof and to defend the same al the Scllcrs own expense, to pay any and all costs, charges, aromeys 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 snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, austral l panics in or as a result of such suits or other proceedings. the Seller will al force cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. furnish and install all guards necessary for the Prevention of ,accidents, comply with ill Imes and regulations with regard to safety indnding, but without limitation, the Occupational Snfdy and Ileshh Acl of 1970 and all rulesand regulations issued pursuant lhcmun. Revised 03/2010