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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 9146450PO PURCHASE ORDER 914645er Page City, of PURCHASE 9146450 1 of a ' `t Collins lins This number must appear ` v ` 1 1 on all invoices, packing sli s and labels. Date: 11 /04/2014 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: 11/04/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Beghelli USA Exit Lights 1 LOT LS 2,044.00 per quote # 3311090 dated 10/20/14 Beghelli USA - exit lights # FTZ-SA-LGU-UBB-AT-IH-120 @ $292.00 each qty 7 Contact: Bryan Garrett ph# 970-566-7046 2 Beghelli USA Exit Lights 1 LOT LS 2,628.00 ref. quote # 3311090 dated 10/20/14 Beghelli USA - exit lights # FTZ-SA-LGU-UBB-AT-IH-277 @ $292.00 each qty 9 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.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of FF6rt Collins PURCHASE ORDER PO Number Page 9146450 2o1`3 This number must appear on all invoices, packing slips and labels. Line Description VaauuLy Ordered UOM Unit Price Price Contact: Bryan Garrett ph# 970-566-7046 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.com 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sure and local nixes. Our Exemption Number a 984W502. Fedeal Excise Tax Exemption Catificam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped m due to defects of damage in bar may be, returned to you for credit and am not to be replaced except upon raeipt of written istmetioas form me City of Fon Collins. Inspection GOODS arc subjec us the City of Fan Collins inspection an anival. Fill Acceptance. Receipt of the merehmdu, services or equipment in response to this ordm can result in indicated Payment an the pm of the City of Tom Collin. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. I'might Terms. Shipments most be F O.B., City of Ford Collins, 700 Wood St., Ford Collins, CO 80522, unless otherwise specified on thin order, if permission is given to prepay freight and charge separately, the original freight bill mot accompany invoice Additional charges Retracting will not be accepted. Shipment Distance. Wbere mamfacrorers have distributing points in actions pans of the country, shipment is expected from the named distribution paint to destination, utM excess freight will be deducted form Invoice when shipments are made tram grater distance. Permits. Seller shall procure at sellers sole cast all necessary pemtits, compares and licenses required by all applicable laws, regulations, ordinances and rules of the %rate, municipality, territory or political subdivision where the work is performed, or required by any other duly comb ruled public suthodry having jurisdiction over fie work of vendor. Seller fare, agrees to hold the City of Fort Collins but cgroa Bout and against all liability and loss antinreason ed by them by of an asserted of establishny ed violation of asuch laws, o,tiluricns, ordinances, roles d or,airemenm. Aulhomstion All panic 1. this centred agree that the reyresenmtives are, in fact, bona fide and possess full and complete su lmnty m bind mid panic. LIMITATION OF TERMS. This Porchne Order expressly limits arammace to the terms and ambitious stated herein set for and any xupplemenury or additoml menu and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposal by seller are objected m and 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 of the essence. Delivery and pmli mtmce must be ¢Rectal within the time stated on the purchase order and the documents atimhed hereto. No acts of the Pumhosers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, The Purchaser shall have, in addition to other legal and equitable remedies, fie option of placing this order ehewhere and holding fie Sella liable fro damages. However, the Seller shall not be liable for damages as a result of delays due m mums nil th mnably foreseeable which— beyond its ..bit control and without its fault of.,ligame, such acts al'God, acts of civil or military aufontles, govemmental priomies, Gres, strikes, flood, @idemics, wars or Hors provided that notice of the conditions causing such delay is given to fie Purchaser within five (5) days of fie time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall I e extended for the period and to the time acmaily lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gnarls, articles, materials and work covered by this order will conform with applicable drawings, specifications, temples and/or other descriptions given, will be fit for the puryms intended, and performed with fe highest degree of care and competence in accordance wit accepted dwxJ ft for work of a similar nature. The Seller opera to hold the purchaser harmless f my lass, damage or expense which the Purchaser may safe or incur not account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the temu of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not ro be unreasonably delayed), resulting bout imperfect or defective work done or materials famished by me Seller. Acceptance or use of goods by the Purchaser shall not onstioute a waiver of any claim under this warranty. Except as otherwise provided in this purchase ardor the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or gmrentes , but such liability shall in no event include lass of profits or Ions of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal snm by women change order S. CHANGES IN COMMERCIAL TERMS. The Pantheism may make any changes to the terms, other than legal tenon, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects by amount due or the time ofpci fommnce hereunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by woven change order, terninate this agreement a, to any or all portions of the goods men not shipped, subject to my equitable ndjustment between the parties as to any work or materials then in progress pmvided dun fie Purchaser shall not he liable for my claims fro anticipated parts on fie unampleted ,onion ofthe good mdsor work, for incidenml or consequential damages, and fat no such adjustment be made in favor arms Seller with carrier to any goods which are Our Sella sundard stock. No such termination shall relieve the Pumlemer or the Sena of my oftheir obligations as to my good delivered bereunda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants fat all goods sold hereunder sholl have been produced, sold, delivered and f Ishnd in strict onditioux with all applicable laws and regulation a which me goods are subject. The Seller shall execute and deliver such docummu as may W required m effect or evidence compliance. All laws and regulations required to be incoryoated in agreements of this diameter are hereby inearlormal herew by this reference. The Sella agrees to indemnify and hold the Purchaser homeless from all costs and damages suffered by me Purchasers a result of the Sellers failure m 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 me poor written consent of the other party. 10. TITLE. The Seller warrants full, clue and unrestricted fide in the Purchuer for all equipment, materials, and items f isM1ed in performance of this agreement, free and clear of my and all lies, restriction, reservations, security interest acumbmaces and claims of o hers. 11. NONWANER. Failure of the Purchaser to insist upon strict performance of the mute and conditions hereof, failure or delay to any rights or remedies provided herein or by law, milum to promptly notify the Seller in the event of a breach, exercise acceptance ofor payment far goods hereunder or approval cribs 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 hereof or any of Its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this puahau order by the Purchaser operate as a waiver of my of me torm, hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Sella and me Puuchasm recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theremfrm forgood 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 acquired under federal or state antitrust laws for such overcharges relating m the particular goods ar services purchased or marginal by the Purchaser pursuant to fix purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser do. the Seller to correct nonconforming or defective goods by a date to be agreed upon by for Purchaser and the Seller, bad the Seller thermfter indicates its inability or unwillingness in comply. fie Prombaur may cause she work to be performed by the most expeditious mean available on it, and the Seller shall pay all casts associated wit such work. The Seller shall release the Purchaser and its contractors of any tia from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negl igenre of the parry released and shall extend to the directors, officers and employees of such party. The Settees abdominal obligations, including wamenty, shall not be decmM 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 use any design, device, material or process assured by letter, plan, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Item any and all claims for inGncgemear by reason of fie use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement al any rime during the pasecation or after the on fiction of the work. In case said equipment, or any pan thereof or the intended use of the goods, Is in such suit held to comtime Infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either practice for the Purchaser fie right m continue using said equipment ar pans, replace the same with substantially aml bar nownfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bmktupt, make an assignment for fie benefit of creditors, appoint a receiver or truss, for my of the Sellers property or business, this order may forthwith be canceled by fie Pu chaser without liability. 16. GOVERNING LAW. The definitions of terms mud or the moo pMation cribs agreement and the rights ofall plies hereunder shall be concerned under and governed by fie laws of fie Sure ofColomm, USA. The following Additional Conditions apply only in cases where the Sella is in pert work hereunder, including fie services of S,Ilers R,eremenmtive(s), on the premiss aromas IT. SELLERS RESPONSIBILITY. The Seller shall any oa said work at Sellds own risk and the same is flly completed and accepted, and shall in u of any accident, destruction or injury to me work andar materials before Seller's final completion and acceptance, complete the work at Sellab own expense and to the satisfaction of the Purchaser. When masrials and equipment are famished 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/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide fir the paymmr of workers compere Lion, including occupatioml disease benefits, to its employees employed an or in connection with me work covered by this purchase ender, andmr to their dependents in accordance with me laws of me state in which fie work is to Is, done. The Seller shall also carry amprobacive general liability including, but not limited to, contractual and automobile public liability insurance with bawdily injury and death limits of at least S300,04)o for any one person, $500,000 for any one incident and property damage limit per accidem of S400,000. The Seller shall likewise require his contractors, if any, to provide f r such compensation and insurance. Before any of the Sellers or his contractors employtts shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifcates shall specify the date what such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and insurance expires. The Seller agrees fat such compensation and isutance shall be mainuia xi until after the mince work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or nature, whatsoever to persons or property caused by or resulting franc fie execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r 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 be put or subject by reason of any act, action, neglect, omission or default on the pen of the Seller, any of his contractors, or my of the Sellers or contactors officers, agents or employees. In case my suit or other proceedings shall be brought against use Purchaser, or its aRcers, agents or employees at any time on mccamt or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or mein aRcers, agents or employees ss aforesaid, me Seller hereby ogees to assume the defense thereof and to defend me ante at the Sellers own expese, m pay any and all cos¢, charges, atmmeya fees and ai r expenses, any and all judgments dun may be incurred by or obtained egaist me Purchaser or any afire or their m it agents or employees in such suits or ether proceedings, and in case judgment or ofer lien he placed upon or obtained against the progeny of the Purchases, or said parties in or as a result of such suits or other proceedings, 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, furnish and install all guard necessary for the prevention of accident, comply wit all laws and regulation with regard m safety including, but wiftoat limitation, for Occupmiovl Safety and Health Act of 1970 and all mles and regulations issued pursuant memo. Revised 07n014