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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 9147195Fort Collins Date: 12/08/2014 Vendor: 109171 CRESCENT ELECTRIC SUPPLY CO 1404 E MAGNOLIA FORT COLLINS CO 80524-4717 PO Number Page 9147195 1 left Ryumber must appear invoices, packings and labels. 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 Nodhside Aztlan Comm Cntr 1 LOT LS 14,313.00 Parking Lot Lighting Upgrade reference quote dated 11/25/14 per L. Vollmar Contact: Bryan Garrett oh# 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 $14.313.00 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 1. COMMERCIAL DETAILS. Tax exemption. By sumte tM City of Fort Collins b exempt from sure and local know. Ourr Exemption Number is 11. NONWAIVER. 98414502. Federal Excise Tax Exemption Certificate of RegiYry 84�600058T is registered with the Collator of Failure of Oa Parchader in mist upon went performance order terms and c na domm hereof, failure or delay to Imannal Revenue, Drnre, Colorado (Het, Colorado Revised Sate. 1973. Chapter 39-26, 114 fity exemire my right, or memedies provided herein or by law, findum to promptly many fe Seller in the treat of is breach, the acceptance ofor payment her good hereunder or approval ofhe design, shall not release the Seller of Good R jetted. GOODS REJECTED due to failure to meet specifentiotu, either when shipped or due m defects of my of the warranties or obligation of this purchase order and shall rot be deemed a waiver of any right of the damage in transit, may be returned ro you for credit and are rot to b, replaced except upon receipt of written purchaser to move upon strict Performance hereof., my of its rights or remedies as W any such goods, regardless connections from the City of Fort Collins. of when shipped, strived or accepted, ins to any prior or subsequent default hereunder, nor shot] any purponed oral modification or resciacion of this purchase order by no, Purloiner operate as a waiver of any of dre tents Inspection. GOODS are subject to the City of Fort Collin inspection on arrival. hereof. Final Aceepmnce. Receipt of the merchandise, services, or equipment in msponse W this order can esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be understand that FINAL Stilt, and the Porchner tce... ce that in nclual economic practice, Overcharges resulting from antitrust T ACCEPANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore forgood cause and as consideration for executing this purchase mde , the Seller hereby assign m the Purchaser any and all claims it may now have or hereafter Freight Temts. Shipments must be F.OB., City of Fort Collim, 100 Wow] St, Fort Collins, CO 80522, uairss acquired under federal or stare antitrust laws for such ovechargw relating m the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purehner pursumt to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacnuers have distributing points in stamps pus of the country, shipment is expected from the nearest do rdention pohik to desniation, and excess freight will be deducted from Invoice when shipments are made tram pewter distance. Punts. Seller shall Procure at sellers sole cost all necessary permits, eertifinkes and licenses related by all applicable laws, regulation, ordwv,s and rules of the sure, municipality, territory or political subdivision where the work is Performed, or ealulred by any other duly constimtod public authority havingjurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss endincurred m ed by them by own of an nowned or established violation of any such laws, regulations, ordinances, mien requiremrms. And ariaation. All pmiw In this contract .,me that the u,nesemmives are, in fact, bone fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set Earth and any supplementary or additional terms and conditions annexed hereto or incor,c mted herein by reference. Any additional or ditiereno terms and conditions pm Bawd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the esscme. Delivery and Performance most be effected within the time stated on the purchase order and the documents attached harem. No ants of the Purchasers includin& without hation., acceptance of pmial late deliveries, shall operate w a waiver of this provision. In the went of my delay, the Purchase shall have, in addition to other legal and equiable arnedicz, the option ofplacing this order elsewhere and holding the Seller liable for damages. H., the Seller shall not be, liable for damages an a taint of delays due to noses not reasonably fotesumble which me beyond its matorable control and without its fault of negligence, such acts of God, acts ofcic,l or milhary authorities, govemo m al priorities, fims, strikes, flood, epidemics, wars or riots provided tbar entice of the condition caning each delay is given to the Purchoer within five (5) days of the time when the Seller first received knowledge thertol. In the event of my such delay, the date of delivery shall be extended for fc period cgml to the time actually lost by reason offe delay. 3. WARRANTY. Ile Seller warrants that all good, articles, amends and work covered by this order will ,nfmm with applicable drawings, specifications, samples andior other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work Of a similar nature. The Seller agrees to hold the purchaser hamilesn from my loss, damage or expense which the Purchaser may suffer or incur on ze=unt offe Sellers breach of waraety. The Seller shall ,palace, repair or rake good, without cost to the purchaser, any defers or faults union, within one (1) year or within such longer period of time as may be prescribal by law or by 0a it. of my applicable wartanry provided by the Seller after the date or accatmce of fr nand banished beremder (acceptance not to be unreasonably delayed), resulting from imperfect no event 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal In. by canna change order. 5. C14ANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the terms, other than legal temp, including additions to or deletions from the quantities originally ordered in the speatications or drawings, by verbal or written change order. If any such change ancros the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchmv may m any time by written change order, terminate this agreement as to any at all portion of the gaud then not shipped, subject to any equitable adjustment between the pansies as to my work or materials then in pmgmn provided that the Purchaser shall not be liable for any claims for anticipated profits on fe uncompleted portion of the good andfor work, fro incidental or comequential damages, and that no such adjustment be made in favor of the Seller with respect as my good which are the Sellers standard stack. No such unnhation shall relieve the Purchaser or doe Sella ofmy offeir obligation as to any good delivered hetemdm. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustmem mar lu asserted within fin (30) days from the dike the change Or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and f ished in strict compliance with all applicable laws and regulation to which the goods arc subject The Seller shall execute and deliver such distan is as may be required to effect or evidence compliance. All laws and regulation requited to be incorporated in agrcemems of this character are hereby incoryomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlets form all cost, and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or any monies due or to become due hereunder without she pdor write= consent of the other perry. 10. TITLE The Seller was is full, clear and ttmescricud.0, to the Purchaser for all equipment reatenaLs, and it. fmshed n performance of this agrtemmt, five and clear of my and all It., restriction, resmuti n. womiry interest mcurrebromes and claims ofofers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase directs the Sella to correct nomanfamting or defective good by a date to be agreed upon by Its, Purchaser and On, Seller, and the Seller thereafter indicates its inability or unwillm,ouss to comply. tie Purchaser may muse the work to be perfotmed by the roost expedition man available to it, and the Sella shall pay all cats anoduted with such work. The Seller shall release the Purehssv and its contractors of any tier f all liability and claims of my mart resulting from the performance attach work. This release shall apply even in the event of fault of negligence of the party released and shall extend a the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be dared to be reduced, in any way, became such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whrnocr the Seller is re,mmi to use any design, device, material or process covered by letter patent, trademalk or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, mmerial or process in connection with the contract, and shall indemnfy the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement an any time during the prosecution or alter the completion of the work. In case said equipment, or my Pan therm( or rare intended use of the good; is in such suit held to contimte infringement and the use of said eu,mm rm or pan is =joined, the Seller shall, at its own expense and at its option, either procure fir the Purchaser the right to continue using said sumpmenn or pans, replace the more with substantially Wual but mninGnging equipment, or modify it so it becomes mainfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint e mucioer or Rust, for my of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchase without liability. 16, GOVERNING LAW. The definition of items used or me interfaced.. offer agreement and the rights of all parties hereunder shall be ontmed under and governed by the laws othhe Slate of Colomdo, USA. The following Additional Condition apply only in cases where the Sella is to perform work heandm, including the service of Sellers Represe rtativir s), oa the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk and the same is illy completed and accepted, and shall, in case of my excident, destruction or injury to the work earlier materials before Sellers final completion and acceptance, complete the work in Sellers own expense and to the satisfaction of be Purchase. When materials and cgtripmed, are fmshed by others far installation or erection by the Sella, fe Sella shall receive, adoad, store and handle sue in the site and become responsible therefor as though such m arat andtor equipment were being( ished by fe Sella mother the made. S. INSURANCE. The Seller, shall, at his own expanse, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work coveral by this purchase order, ani in their depend=ts in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry compimbeavive general liability including, but not limited to, contractual and automobile public liability insurance with bWily injury and daub limits of at least $300,000 for my one person, E500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cedificute that such compensation and hourance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such wi ifcates shall specify the date when such compensation and wsurutce expires. The Seller agrees that such compensation and insurance shall be maintained our after the entire work is completed and acepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. TM Sella hereby assumes the entire rwpuaibility and liability to, my end all damage, lass m injury of my kind or nature whatwwer to person or proper caused by or resulting from due exeention of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold Exudes, me Purclaser and my or ell of the Purchasers officers, agents and employees from and against my and of claims, loner, damages, charges or expenses, whether direct or indirect, and whether to person or popery A which the Purchaser may be put or subject by reawn of my act, action, neglect, omission or default on the pm of the Seller, my of his contractors, or any of the Sellers or conlmdors officers, agents or employees. In case my suit or other Proceedings shall be bought against the Purchase, or its officers, agents or employees at my time on account or by reason of any net, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, age.¢ or employees an, aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, amomeys fees and other expenses, any and all judgmeets that may be incurred by or obtained against fe Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property offe Purchaser, or said pxr iw in or as a result of sash suits or other proceedings, the Seller will at mare cause the same to be dissolved and discharged by giving bond or ofctwise. The Seller and his numerous shall take all safety precaution, furnish and mall all guards reactionary for far prevention of accidents, comply with all laws and regulation with regard to safety includin& but without limitation, the Occupational Safety and Health Act of 1970 and ell roles and regulation issued pursumt them.. Revised 01R014