Loading...
HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 9147194PO PURCHASE ORDER 914719er Page C117/ of PURCHASE 9147194 1 of z F6r} CollinsCThis number must appear ,t—J`-' ` 1'J on all invoices, packing sli s and labels. Date: 12/08/2014 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: 12/05/2014 Buyer: DOUG CLAPP Note Line Description Quantity uOM Unit Price Extended Ordered Price Civic Center Parking Garage 1 LOT LS 7,457.00 Lighting upgrade. reference quote dated 11/25/14 per L. Vollmar Contact: Bryan Garrett 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.wm Total $7.457.00 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. COMMERCLU,DEFAIIS. Tax exemption. By stand, the City of Fort Culling is exempt from state and local hems. Om Exemption Number is 98-01502. Federal Excise Tax Exemption Catifica a of Registry 84-60(05 W is registered with the Collator 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 or due m defecs of damage in transit, may be reNmad to You for credit aad are net to be replaced except upon receipt of written instructions fro the City affect Collins. Inspection. GOODS art subject m the City of Fort Collins impaction on radical. Final Acceptance. Receipt of rise m rchrobse, services or equipment in response to this order cm mull in withorizN paymeat on the pan of the City of Fort Collins. However, it is to he arderstood that FINAL ACCEPTANCE is dapendenr upon completion of all applicable regaidd inspection pmradures. Freight Terms. Shipments mien be RQB., City of To" Collins, 200 Wood St., Fun Collins, CO 80522, unless otherwise spedf W on this order. If permission is given to prepay freight and charge separately, the original freight LOU most wwmpany invoice. Additional charges for packing will not be serapled. Shipment Distance. Where manufacturers have distributing plaints in varicas Levis of the country, shipment is expected from the neural distribution Point to destitution, and excess freight will be deducred from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cart all ad., awards, ccnifiwtes and Incases required by all applicable laws, regulations, ordinances awl roles of the cute, municipality, territory or Political subdivision where the work is performed, or rommad by my other duly coordinated public authority having Pmsdietion over fc work of vendor. Seller mother agrees to hold the City of Fort Collins harmless from and agaiml all liability and loss incurred by them by reason of an wanted or established violation of any such laws, regulations, ordinances, roles and requir mews. AuRwrivtid, All panic to this contract agree that fr, representatives we in fact, bore fide and possess fll and complete scommry to bind said pries. LIMITATION OF TERMS. This Purchase Order expressly limits accept., to the ¢ors and conditions stated herein sat forth and any supplementary or additional kris and conditions annexed harelo or incorporated herein by reference. Any additional or different terms and cambiums, proposed by wiser art objated 10 and hereby rtjdood. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot male complete shipment to arrive on your promised delivery data as noted. Time is of the essnm. Delivery an I performance must be effected within the time stated on the purchase order and the documens attached harelo. No acts of the Purchasers including, without limitation, acceptance of pmial lam deliveries, shall operate as a waiver ofthis provision. In the evert of any delay, the PudM1aser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seder liable for damages. However, the Seder shall not be Liable for damage as a result of delays due to causes not mamnably foresaable which are beyond its reasonable control and without its fault of negligence, such acts of God, exts of civil or mi limry authorities, governmental priorities, fires, strikes, Bland, epidemics, wars or riots prodded fat mitt of the conditions causing such delay, is given to the Randall within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, fe Mac of delivery shall be extended for the period Open to the time actually lost by rasing oflhe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this under will conform with applicable drawings, spaification, sample am9or other descriptions given, will be Fit for Ihe prerpnes intended, and perfamred with the highest degree of care and competeme in accordance with excepted staedmds for work of a similar wire. The Seller ageees an hold the pmcMur homeless from my loss, damage or apense which the Purchaser may suffer or me- on account of the Sellers branch of warranty. The Seller shall motor., repair or make good, without cost to the purchaser, any defects or fails arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aft the date of ace,. of the good fcmished hncunder (emcphvice von to be unreasonably delayed), ravlling from imperfect or defective work done or matcriaLs famished by the Seller. Acceptance muse of goods by the Purchaser shall not omhtuh a waiver of my claim under this summary. Except as otherwise pmvi&I in this purchase order, fe Sellers liabil iy hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gmmmees, but such liability shall in no event include loss of profits or loss of as. 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 disk. any clangs 1. the mama, nature Dan legal terms, including additions g0 or &tell— from the q.,Ill. originally odered in the specification or drawings. by verbal or wide. change order. If my such change affects the amount due or the time ofperformm.e hereunder, an equitable Argument shall he made. 6. TERMINATIONS. The Purchaser may, at any time by wrinan flange order, terminate this agreement as to any or all portions of the goods fen cat shipped, subject go any equitable adjustment between Ira, Ranier m Id any work of materials fen in progress provided that the Purchaser shall not he liable fro my claims for anticipated profs on the uncompleted portion ofthe goods will work, for incidental or wournmentul damages, and that m such adjustment be made in favor ofthe Seller with respect to any goods which we the Sellers standard stock. No such termination shall relieve the Purchase, or the Seller of any eflheir obligations as to any goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) day5 from Ore dle the change or tradintion is ordered. 8. COMPLIANCE WITH LAW. The Seller wadints that all goods sold hereunder shall have been produced, sold, delivered and furnished in unit aomplill with all applicable laws and regulations to which the gooda are mbjed. The Seller shall execute and deliver such documents As may he devE red to effe , or evidence complier,. All lass and regulations raleirN 1. be incorporated in agreements of this eMmad are hereby incorporated herein by this reference. Tha Seller aorta to indemnify and hold the Purchaser harmless from all costs and damages gathered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party all resign, wool or convey this *Md. or my monies due or m become due hereunder without $e prior written consent ofthe other party. 10. TITLE. The Seller wertans full, class and Mainlined title to Ore Purchaser for all Qudiandnl, materials, and items f ished in performance of this agreement, free aad clear of my and all liensatrs , rfidim, sesmm ntio, security interest ancumbmnccs and claims of others. II.NONWAIVER. Failure of the Purchaser to inel upon donee performance ofthe terms and crommom hereof, failure or delay to examine any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event are breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall no[ release the Seller of any of the wmrmnia or obligations of this purchase ender and shall not be deemed a waiver of any right of the purchaser to insist upon and performance bareofm any of its righh or remedies as to my such goods, regardless of when shipped, matived or accepted, as as My prior or subsequent defeat, hereunder, tar shall my pomoned oral modification or rescission of this Purchase order by the Purchaser operate m a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella annul the Purchaser recognize Nat in actual examine practice, overcharge resulting from national violations sore in fact blame by the Rachel Thereof , for good cause and as crosidrmion for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hamefier acquired under federal or slate antitrust laws for such overcharges ralating to the particular goods or service purchased or acquired by the Purchaser pursuant to Nis p..c ,corder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Fudhure dides fe Seller to award nonconforming in defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller lhereafae indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all roes associa l with such work. The Seller shall release the Purchaser and is ... of any can foam all liability and Maims of my venue resulting from the pert ance of such work. This release shall apply even in the event of fault of negligence of the pity released and shall extend to the directors, officers and employees march party. The Sellers conduction obligations, including were y. shall not be deemed in be reduced, in any way, bwatese such work is performed or caused to be performed by the Purchaser. 14. PATENTT S. Whenever the Seller is required muse any design, device, material or process covered by letter, parent, trademark in copyright, the Seller shall indemnify and save harmless the Perchance from my and all claims for inGngdanda by reason of the use of such patented design, device, material or process in radiation with the contract, sold shall indemnify the Proceed for any cos,, expense or damage which it may be obliged to pay by ranged of such infrngemenl at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at is option, either program for the Purchaser the right to continue using said equipment or pros, replace the same with substantially rgwl bill noninfriniging quipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bvhmpt, make an assignment for the benefin of creditors, appoint a madicar or tmsree for my of the Sellers property or bwin ss, Nis order may forthwith be cancelad by the Fwagmer without liability. 16. GOVERNING LAW. The definition of,,. used or the marpmlatim ofthe agreement and the rights of all pMies grounder shall be cohered under and governed by the laws of the Stars of Colorado, USA. The following Additional Comlition apply only in crow where the Seller is to perform word hereunder. including the advica of Sellers Rapresentaliedhi), surge prem¢a ofothers. I]. SELLERS RESPONSIBILITY. The Seller shall reedy our said work at Seller's own risk an the same is fully completed and excepted, and shall, fir au of my accident dawenors or injury 1t the work ands, womrim; before Sellers final completion and acceptance, complete the work ed Sellers own expense and to the satisfaction of the Purchaser. When materials and ryuipmant ate famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor a though such materials andar equipment ware being famished by the Sella worker the under. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, =1mg ottupstion ll dlserse handles. to is employees employed on or in connection with the work covered by Nis purchase order, captor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liabil iry including, but not limited to, contractual ab automobile public liability harmonic with bodily injury reed deaf limits of at least 5300,000 for any one period, S.S00,000 for any one accident and properly damage limit per accident of SURRRW. The Seder shall likewise require his contractors, if my, to provide for such compnwtion and insurance. Befom my ofthe Sellers or his contractors employees shall du 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 cenifcaties shall specify the dale when such compawagession and instance have been provided_ Such certificates still[ spttify ne data when such mmpetrsauon and imumme expires. The Seller agree that such cempnsatim and inuaner shall a mainlainN and ether the retire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assmna the entire responsibility and liability for any and all damage, loss or injury ofany kind or minim wMtrnever to person or property caused by or counting from the execution of the we& provided for in this purchase order or in connection herewith. The Sella will indemnify and held harmless the Pumhaser soul any r all of the Purchasers oRcers. agents end employees firm and again any and all claims, losses, d mikes, 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 pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employe. In curse my suit or older proceedings stall be brought eosin, Live Purchaser, or its officers, agents or amplifies in any time on accouat or by run of My ad, when, neglect, omission or dcfush of the Seller of my of his coneanors or my of its or their ofirds, agens or employees as aforevid, the Seller hereby agrees 10 assume the defense thereof and e defend the same at the Sellers own expense, in pay any and all costs, charges, all ... ys fees and other expenses, My and all judgments that may be incuned by or obtained agaiml the Purchaser or any of its or than officers, agans or employees in such suits or other proceedings, and in eau judgment or office lien be placed upon or obtahud again the property offin Purchaser, or said panic in or as a result match gaits or other praeadings, the Seller will a1 once eaux the same to be dissolved and discharged by giving bond or ofcrise. The Seller and his connectors shall take all safety promotional, fmish and imull all guard vecesrary for the Prevention of accidens, comply with all laws and regulations with regard to safety including, but without limitation, the Ocmepatiowl Safety and Half Act of 1970 and all rules and regulation issued pwmwnt theme. Revised O7R014