HomeMy WebLinkAbout350732 STURGEON ELECTRIC COMPANY - PURCHASE ORDER - 9141888PO
PURCHASE ORDER 914188er Page
City of PURCHASE
9141888 t of z
' `t Collins
I„C This number must appear
` v ` 1 1�7 on all invoices, packing
slips and labels.
Date: 04/03/2014
Vendor: 350732
STURGEON ELECTRIC COMPANY
12150 E 112th AVE
HENDERSON CO 80640
Ship To: PUBLIC LIBRARY (MAIN)
201 PETERSON ST
FORT COLLINS CO 80524-2990
Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Lighting invoice # 353036
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com
1 LOT LS
8,537.00
Total $8,537.00
Invoice Address:
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 exemptions. By statute the City of For Collins is exempt from some and local taxes. Our Exemption Number is
I I. NON WAIVER.
98414502. Federal Excise Tax Exemption Ccnificae of Registry 84-60(K)NO is rpro ed with the Collator of
Failure of the Purchaser to most upon shin performance of the terms dd conditions hereof, failure or delay to
Internal Revenue, Dever, Colorado (Ref. Colorado Revised Statutes 1923. Chapter 39-26. 114 (a).
exercise my rights or readies provided herein or by law, failme to promptly notify the Seller in the event of
breach, the mceparce of.r payment for goods heremdea or approval of the design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure on or specifications, eiWw when shipped or due to defects of
my of the warranties ar obligation of this purchase order, and shall not be barred a wativer of any right of the
damage in transit, may he returned t. you for credit and are von la be railroad except upon receipt of writer
purcha.r to insist trio. said paformame havofor any adds rights or mnedies. many such goods, mgmdlas
irsstructions from the City effort Collins.
of when shipped, aaeived or adprd, as to any prior or subsequent default h ncrunda, mt shall any purposed
o al modification or remission of this purchase order by the Purchased opine as a waiver of any of the terms
Impaction GOODS ate taxied to the City of For Collins inspection on artiaal.
hadif.
Final Acceptance. Receipt of the meahaMise, services or apartment to response to this order inn result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the par of the Cry of For Collins. However, it is to be understood that FINAL
Sella and We purchna recognize dart in armed morainic practice, a archmga resulting from antionat
ACCEPTANCE is de dadent upon completion of all applicable requited inspection procedure.
violations are in fact home by We Produced. Theretoforenf n good cause and as considc=Tian fro external, this
pasha¢ order, me Sella hereby assigns fo be Purchaser any and of claims it may now have or hereafter
Freight Tenor. Shipments most be ROD., City of For Collins, 700 Wood Sf., For Calif., CO 80522, unless
acquired tuba fdeml or site It., laws for such evemlurges relating to the particular goads or services
otherwise sparest an this order. Upemaissimn is given to prepay ( ight and sludge scparetely, the origind freight
purchased or acquired by the Purchases promavd to this forams order.
bill musd accompany invoice. Additional charges for packing will not b, aerlood
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in varicars, parts of the country, shipment is
If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to he agreed upon by the
expected from the nemmd dou bmim point ro daricamon, and excess freight will he deduced from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may mum he work to be performed by me moo expeditious means available to it. and the Seller shall pay all
cos. associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary porous, certificates and licenses required by all
applicable laws, orghlations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or rcqui red by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees in hold the City of For Collins harmless from and against all liability and loss
acored by them by reason of na asserted or drablished violation of any such laws, regulations, ordinances, roles
id mgdmma..
Authorization All parties N this contract ugrce that the representatives arc, in fact, boa fide and possess all and
omplete authority N bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set form and any supplementary or additional terms and conditions amexd herein or incorporated herein by
reference. Any additional or different term and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment= amide on your
pmmised delivery dare as noted. Time is of the essence. Delivery and performance mast b, oftecad within the time
stated on the purchase order and the dmsmenm, attached hereto. No was of the Purchasers including, without
limitation, asampldttt of pariat law deliveries, shall operate a a .area affix provision In the event ofany &day,
the Purchaser shall have, in addition to other legal and export readies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. llo n der, the Seller shall not be liable for damages as a result of delays
due to comes not reasurat foreseeable which are beyond its rtaso. 11A, camel and without its fault of negligees,
such acts ofGW, acts create) m military aithrni i, governmental product, fires, strikes, Dead, epidemics, was or
nos provided but notice of the conditions ceasing such delay is given to be Purchaser within five (5) days of the
time when be Seller find received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the prod opal to the time mfmlly last by reamn of the delay.
3. WARRANTY.
The Sella wonants that all goods, sricles, mmmaB and work coveral by this order will conform with applicable
drawings, spaificationo. samples and/or other demriptions given, will b, fit for the purposes indidd, and
performed with the highest degree of cart and competence in acmdmce with accepted standards for work of a
similar future. The Seller ogees to hold the purchaser hntmless from any loss, damage or expense which the
Purchaser may suffer or incur on =count affair bre
ach reach of warmnry. The Sella shall mature, repair or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable wmmnry provided by the Sella offs the data of
acceptance of the goods famished hereunder (acceptance not m be vunreasonably deeyd), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not
institute a waiver of any 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 brash of any of the foregoing warranties
or guarantees, but such liability shall in no event iimit& I., of profits ar loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal term by wsinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changes M the scours. cover Nan legal famous. including additions to or deletions from
the quantitiesongitmlly ordinal in the sped ficatiotu or drawings, by verbal or wdnat change order. If any such
change affects the amount due or the time ofperformance hertu.da, an equieable adjustment shall b, made.
6. TERMINATIONS.
The Purchaser may at any time by wrinat change order, terminate this agreement as many or all portions of the
goods then t shipped, subject to any equitable adjustment bmveen be parries m to any work or materials then in
progress pro i'dd tut the Parchaer shall not be liable for my claims fro anticipated pmfis on tM uncompleted
potion of the goads anrker work. for incidental or consequential damages, mad but no such adjustment be fade in
favor of the Sella with respect as my goods which are the Sellers standard stack No such termifution shall .line
the Purchaser or We Sella army oftheir obligations as to my goods deliverd hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for adjuslmml mind be asserted within thirty (30) days from red daze the change or Nrmit.tion is
oole.d.
8. COMPLIANCE WITH LAW.
The Seller warrants bar all goods sold hereunder shall have been produced, sold, delivered and famished in strict
an,lonso with all applicable laws and negotiate. to which the goods me subject. The Seller shall exa mite and
deliver such documents as may be required in effect or evidence compliance. All laws and .gulations.quired to he
rem, omted in agreements of this character ea hereby incorporated herein by this reRornce. The Seller agrees to
indemnify and hold the Punchuer harmless from all casts and damages suffered by the Purchaser as a molt 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 m become due hereunder without the
prior written consent afthe other part.
10. TITLE.
The Seller wanmas full, clear and unrtmnnd title to the Purchaser for all equipment, materials, and items famished
in performance of this ag.cment, free and dear of any and dl limn, mirictiom, reservations, security moment
meumbrances and claims.fmhers.
The Seller shall release the Purchaser and its contracts of any tier from all liability and claims of any nacre
resulting from the performance of such work.
This release shall apply even in the in of fault of negligence of the party releaed and shall extend to the
director, officers and employees ofsuch patty.
The Seller's contractual obligations, including wdranry, shall not he deemed to be reduced, in any way, because
such work is performed] or caused N be performed by the Purchaser.
14. PATENTS.
Whatever the Seller is r paired ro use any desigq device, material or process covered by let., patent, tmdemmk
or copyright, the Sella shall wdarutify and see harmless the Purchaser from any and all claims far infnringemenl
by eaon of the use of such palened design, device, material or pmeess in connection with the cant=?, and
shall indemnify the Purchamf for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the promotion or after the completion of the work. In ruse road equipment, or
any par hereof or the intended use of the goods, is in such suit held to constitute infringement attd the use of
said equipment or boor is joined, the Sella shall, at i. own expense and at its .piton either random for the
Purchser the right to continue using said informant or pans, feplace the same with substantially aNal but
tmninfiinging equipment, or modify it so it becomes noninfrfnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bmkrupt, make an acsigranav fro the tariff of crdimrs, appoint a
receiver or mistee for any of the Sellers property or business, this cola may, fonhwirh he canceled by the
Purchaser without liability.
16, GOVERNING LAW.
Thc definitions oftetms rid or the madmamon off, agreement and the rights .fall parties hereunder shall be
comtrud under and gsoared by the laws of dam Some of Colorado, USA.
The following Additional Conditions apply only in cases when: the Seller is to perform work heeundeh
including the services of Sellers Rcidderadiva s), on the premiss crashers.
IT SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in m of any accident, destruction or injury to We work and/or materials before Sellas final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are f rmishd by others for installation or erection by the Seller, the Seller shall reeive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Sella coda the order.
18. INSURANCE.
The Seller shall, at his own cardiac, provide for the payment of workers compensation, including maturational
disease benefis, to its employees employed an or in connection with We work covered by this purchase order,
mtdor to their dependents in accordance with the laws of the sure in which the work u to b, done. The Seller
shall also mry comprehensive grn ral liability including, but not limited to, commctml and automobile public
liability insurance with bodily injury and Leath limas of an lest S300,000 for any one reason, S500,000 for any
cuc uccidcnt and prolxn5' damage limit per accident of S400,10(p. The Sella shall likewise require his
ontracts, irony, to provide for such compenatioa and insurance. Before any orthe Sellers or his contractors
employees shall do ony work upon the premises.fothers, tha Seller shall famish the Purchaa with. anificum
that such amps. don and imurene Mad been provided. Such crnifi=tes snail specify the date what such
compenwtion and insurance have been. provided. Such onir m, shah n,mipe the date when sum comamrotion
and announce expire. The Sella agrees that such com,careamort and insurance shall be, mainlnined until after the
.it. work u completed and mcepred.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes fc mrire responsibility and liability fro my and all damage, loss or injury ofany kind
or mtum whatsaver to person or property caused by or washing Imo the execution of the work provided for in
this puwham order or in commudi t herewith. The Seller will indemnify and hold harless We Purchaser and any
or all of We Purchasers officers, agens and employees for and again any and all claims, losses, damages,
cMrges or expenses, whether direct or rubber, and whether to persons or property to which fe Purchaser may
be put or subject by reason of any act nation, neglwf, omission or default oa the pan of the Sella. any of his
contractors, or my of the Sellers or duration officers, agents of employes. In Case my suit Or other
proceedings shall he brought against We Purchaser, or its officers, agents or employes at any time on account or
by neoson of any tar, action, neglat, omission or default of the Sella of my of his contruclon or any of its or
their oDirm, agents or employees as aforesaid, the Sella haorby spores to assume the de@rise thereof and to
defend the same at the Sellers awn expense, to pay my and all casts, charges, attomeys fees and other ex re.es,
any and all judgments that may be uncured by or obtained against the Purehasa or any of its or their olT tees,
agents or employes in such mits or other proceedings, and in cam judgment or other lien be placed upon or
obtained against the propmy of fe Pmchrod, or said patties in or as a mull of such suits or other prweedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish 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 Ad of 1970 aM all rules and regulations issued pursuant thereto.
Revised 03R010