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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 9145682PO PURCHASE ORDER 914568er Page C117/ of PURCHASE 45682 t of 2 Flirt Collins( hisnumbermustappear !-\V`I V ` 1 1 on all invoices, packing sli s and labels. Date: 10/01/2014 Vendor: 109171 CRESCENT ELECTRIC SUPPLY CO 1404 E MAGNOLIA FORT COLLINS CO 80524-4717 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 09/30/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Prim I Lighting Supplies Senior Center ref. email dated 8/5/14 from Jerry Clark to Ryan Boehle. IBL-24L-WD-SD125-LP740-DLC fixtures qty (14) - $505.00each total = $7,070.00 Contact: Ryan Boehle ph# 970-566-7055 call 24 hours prior to delivery- 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@fcgov.mm 1 LOT LS 7,070.00 Total Pay terms net 30 days 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. COMMERCIALDEIAIU. Tex exemptions. By statute the Ciry of For Collins is exempt from sure red local uxr.0ur Exemption Number is 11. NON WAIVER. 98-04502, F'edeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchases to insist upon strict peformance of the term and conditions bef.L failure or delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 3946, 114 (a). exercise any rights or remedies provided heron or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejoined. GOODS REJECTED due to failure as meet specifications. ancer when shipped or due to defects of any of the Wi nantin or obligations of Nis purchase order and shall not W deemb a waiver of any right of the damage in vomit, may de removed to you for credit and are not to be replaced except upon nccipt of wnnm puobaur to insist upon slain performance Temdor any of its rights or remedies Of a any such goods, regardless instmetluns from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tears Impaction. GOODS arc subject to the City of Too Collins inspection on co isul. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in tragicomic ea this order an insult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of The City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in =seat economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completionofall applicable required inspection procedurec violations are in fact borne by the Purchaser. Therclefore, for good cause and as consideration for executing this purchase order, the Seller hereby sseigns to The Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments most be FOR., City of Fart Collins, 700 Wood St,, For Collins, CO 80522, unless adurame speared on this order. Differentiation is given to prepay freight and charge improperly, the ongimal freight bill most accompany invoice. Additional charges for making will not be accepted. Shipment Distance. Where manufacturers have distributing points in vations pros of the country, shipment is expected from the nearest distribution Point to destruction, and excess freight will b, carousel from Invoice when shipments are made from greater distance Permits. Seller shall prevent .t idlers ..In cost all neeesvery permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles office state, municipality, territory, or political subdivision where the work is performed, or required by soy other duly constituted public .ulhanry havingjuaisdiceion over the work of vendor. Seller fuller agrees to hold the City of For Collins hamdess from and against all liability and loss Larearred by them by reason of an a,road or established violation ofany such laws, regulations, ordinan ,roles and requirements. Authorization. All parries to this compact agate That the wpreuntatises are, in fact, boas fide and musass full and complete suddenly to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to The terms and coMilima speed herein see forth and any sapplementary or additional tears and conditions annexed herch, or incorporated herein by reference. Any additional or firbscrear terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCFfASING AGENT immediately ifyou cannot make cumpine shipment to prove on your promised delivery data as noted. Time is ofthe essence. Delivery and performance must be effected within The time stated on the purchase order and the do.mcnrs attached berew. No dues or the Purchaser, including, without limiatian, acceptunre of partial late deliveries, shall .,.,a as a waiver of This provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere all holding 'he Server cable for damages. However, the Seller shall not be liable for surni as . crop of delays due la causes not reasonably fnceseeable which .,a beyond its reasonable control and without its fault of negligence. such aces of God, nett of civil or aidiury authorities, governmental priorities, fires, strikes, flood, epidemics, was or hots provided that notice ofthe conditions causing such delay is given to the Purchxar within five (5) days of the time whom the Seller first received knowledge thereof. In the rent of any such delay. The date of delivery shall be extended for she pachad slue[ m The time actually lost by reuoa affair delay. 3. WARRANTY. The Seller warrants that all goods. Trades, contends and work covered by this order will confome with applicable drawings, spare fifetiom, samplr and/or other descriptions given, will he fit for the Prefer, intended, all peffoeared with the highest degfre of cent and conference in accordance with accepted stall for were of a similar nature. The Seller agrees to hold the purchaser homeless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranly. The Seller shall replace, repair or make goad, without cost to the purchases, any defects or faults fixing within one (1) year or wilMn such longer period of time of may be prescribed by law or by the terms of my, applicable waranry provided by the Seller after the date of acceptance of the goods famished hereunder (aceptanm not m he presumably de[ayed), resulting from imperfect or defective work done or fnaterials f mished by The Seller. Acceptance or use of goods by the Purebsser shall not consulate a waiver of any claim under this yalunp. Except as otherwise provided in this purchase order, the Sell. liability hereunder shall extend to all damages proximately caused by the breach of any of The foregoing warrefir or gu.pmees, but such Iiabiliry shall in no fi cal indude lass of profits or loss of psc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser Troy make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaur may make any changes to the tames, other than legal terms, including mWitiom to or delniom from she quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by winners change order, trannuffic this agn mein was to any or all portions of The gobs then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims liar anticipated profits on the uncompleted potion of The goody and/or work, for incidental or consequential damages, and Nato such adjustmenr be made in favor office Seller wish respect to any goods which on the Sellers material stock. No such information shall reline the Purchaser or the Seller ofany of Weir obligations as to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aseted within shiny (30) days from the date the change or termffince is ordered. 8. COMPLIANCE WITH LAW. The Seller varrunts that all goods sold hereunder shall have ban produced, sold, delivered and famished in slim compliance with all applicable laws and regulations to which The goods are subject. The Seller shall feature and deliver such documents m may be meshed to efbn or evidence compliance. All laws and regulations required to be incorporated in agreemenu of this character .re hereby incutpnpted heein by this reference. The Sell: agrer to indemnify and hold the Purchaser hmmless from all costs and damages suffered by she Pumhaur of a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall urge, tmnsfeq or.nvey this order, or coy mown due or te became due bereuMer without the prior woven capped ofthe older party. 10. TITLE. The Seller warrants full, clear and a fficted title to the Purchaser for all equipment, mmcrials, all items punished in performance of this agreement, f and clear of any mW all liars, restrictions, reservadom, sauriry barred mcumbremm and claims of duers. acquimi under fedepl or sine .cunt laws far such overcharges filmng m the ponrrvlar gook or services purchased or acquired by the Purchaser pursuant to Nis Purchase order. 13. PURCHASERS PERFOR MANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to career noocanf rasing or defective goods by a dace do be agreed upon by the Purchaser and the Seller, and The Seller thereafter indicates its inability or unwillingness in comply, the Purchaser ivy cause she work in be performed by the most expeditious means available to it, and The Seller shall pay all costs assocered wish such work. Ile Seller shall release the Purchaser and its contpaors of any tier from all liability and claims of any nature caching from the performance of such work. This release as apply even in The event of fault of negligence of The pony micaud and shall extend to the deaccour, officers and employees of ands party. The Seller's contractual obligations, including warranty, shall not be decrreed to de reduced, in any way, because such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is inquired to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of The use of such patenred design, device, material or process w connection wish The ..real, and shall indemnify she Purchaser for any cost, expense or damage which it may be Obliged to pay by reason of such infringement at any time during the pformat ion or after %e completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its owe expense and at its option, either proane for the Problem: the right to continue using acid equipment or part, replace she same with mospnually fault but nownfnnging equipment, of modify it sat it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bewempt, make an azsignmene for the benefit of cobblers, appoint a or trustee for any of the Sell. popper, or business, this older Troy forthwith be canceled by the Forbearerwithout liability. 16. GOVERNING LAW. The definitions claims used or the interpretation ofthe ngreemenl and he fights of ell ponies hereunder shall be constmed uber and governed by the laws ofshe Sum ofC.Ionam USA. The following Additional Conditions apply only in fireas whore the Seller is m perform work hereunder, including the services of Sell. Repmscnulioub), an the premises of others. 10. SELLERS RESPONSIBILITY. The Seller shall awry on said wink at Sellers own risk unlit the same is fully completed and accepted, and shall, in eau of any accused, drmmtion or injury do the work andror mmeriak before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment are fomisbed by others for irumllation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible Therefor az though such matedak and/or equipment were being fwdshed by the Seller find: the order. 18. INSURANCE. The Sell. shall, at his own expense, Provide for the payment of work. compensation, including occupational disase benefits, to its employees employed on or in comebon with the work covered by this purchase order, Turbine to their degradenn, N accordance wish the laws of the state in which she work is to be done. The Seller shell also airy mnprehenmive general liability including, bet rim limited m, comusical and aummic public liability insurance x'car buddy injury and duck limits of m least S300.00(s for Toy one prison, M00,000 for any .on ti cciderel and property damage mid per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide fin such compensation and imurmme. Before any of The Sellers or his contractors employees shall do any work upon the premise, of Odhi the Seller shall furnish the Pmchmer with a cenifimp That Bach compensation and harmonic pave been provided. Such cebfimtr shall specify me Time when such compensation and improper, have been pmxided. Such certlficatr shall specify the date when such.mpensation and insurance expires. Ile Seller agrees that such compensation and insurance shell be maintained until after the area work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aaemn e; the patine Restauranbility and Iiabiliry for any and all damage, loss or injury ofany kind or more whatsoever W persona or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnmless the Purchaser and any r all of the Favors. ifi iars, agents and employ., from and against any and all claims, losses, damages, charges Or expenses, whether direct or indirect, and whetMr, to Amines or proprty to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on Ne pan of the Sailer, any of his continuous, or any of the Sellers at contractors officer, agents or employees. In are any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees st any time on account or by reason of any act action, neglect, omission or default of life Seller of my of his contracts or any Offer of theta oMr.. agmu or employees as aforesaid, the Seller hereby egret W assume the defame thereof and to defend the tame at the Sellers own expense, or pay coy all all rests, changes, etwm,, fees and order, expense, any and all judgm.0 that may be banned by or obtained against the Purchaser or any of its or their officers, agents or employees in such are or other proceedings, and in case judgment or other lien be placed upon or obtained against The property of she Pmcbase, or said parties in or m a repair of such suits or other proceedings, The Seller will at ome muse the same to be dissolved and discharged by giving boll or omeewise. The Seller and his contm,t. shall take all safety, p..ad... stomach and imull all guatd meassary for the Procreation of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and HeaITh Act of 1970 and all roles and regulations issued pursuant therein. Revised 0I2014