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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 9147196PO PURCHASE ORDER 914719er Page C117/ of PURCHASE 9147196 ' °' 2 ' `t Collins I„C This number must appear ` v ` 1 1�7 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 1 Gardens on Spring Creek Parking Lot Lighting Upgrade reference quote dated 11/25/14 per L. Vollmer Contact: Bryan Garrett Dh# 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 1 LOT LS 7,742.00 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 1. COMMERCIALDETAILS. Tax exemptions. By stands the City of Fort Collins is exempt fmm trade and local uses. Our Exemption Number is 11. NON WAIVER. 98-04502. Fore rd Excise Tax Exemption Cenificare of Registry 84-6000587 is registered with the Collector of Failure of the Puebaser on instil upon stria performance of the terms and conditions hereof, failure or delay to Inmmal Revenue, Denver, Culoudo (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the even, of a beach, the acceptance of or Payment for goods hereunder or approval ofhe design, shall not release the Seller of Goods R jaded. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to You for credit and are not to M replaced except upon receipt of wrinm purchaser to insist upon snia performance forearm any of its rights or comedies as to my such goods, regardless instructions fmm rum City of Pon Collins. or when shipped, received or accepted, is to any prior or subsequent default hemunder, star shall any punToned anal modification or automation of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS are subject to the City of Fan Collins inspection on radical. item[ Fire] Acceptance. Receipt of the merchandise, unices Or equipment in espdsse to His order can reach in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymen, an the pan of the City of Fort Collins. However, it is to M unde ,rood that FINAL Seller and the Purchaser recognier fat in actual economic practice, overcharges resulting from rmst arir ACCEPTANCE is dependent upon completion ofall applicable ¢,tried inspection Murderers. violaliom rc in fact home by the Pumhscr. Theremfore, forgoodcum¢, and an consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 900 Wood St. Fort Collins, CO 80522, unless othemise specified on this order. If permission is given to prepay freight and charge separately, the argiml freight bill must accompany invoice. Additional charges for Parking will not be accepted. Shipment Distance. Where ramufara ers have distributing paints in various pans of the country, shipment is expemed fmm the nearest distribution point to desnimtion, and excess freight will be deducted from Invoice when shipments are made fmm greater dismme. acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquird by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct mnconforming or dametive goods by a date as M agreed upon by the Purchaser and the Seller, and the Seller damper indicates its inability or unwillingness to comply, the Purchaser may cause the work to M performed] by the most expeditious means available to it, and the Seller shall pay, all cons wardatd with such work. Permits. Seller shall pmeure to sellers sole cost all mcesmry permits, ceftificates and ]it. required by all applicable lasers, regulations, oNiwnces and roles of the ante, municipality, lemmry err political subdivision where the work is performed, or required by any other duly conaimled public authority, havingjurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins had fi css Room and against all liability and loss incurred by them by reasun of an an ned ar established violation of any such laws, regulations, ordinances, muss and requirements. Auth irimtion. All parries to this contract agree that the roprezen datives are, in fact, bona fide and possess full and complete adhoriry to, bind said parties. LIMITATION OF TERMS. This Purehsse Oda expressly limits acceptance to the tome red coMirions stated herein set ford and any supplementary or additional temn and conditions armored herb or incorporated herein by reference. Any additional or different crms and conditions proposed by seller ant objected to ad hereby rand. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if,fi cannot make complete shipment to arrive on your promised delivery dad as noted, lime is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereon. No acts of the Purchasers including, without limitation, accepmnce of partial late delwomes, shall oMine as a waive, of lhia provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable mmdms, the option ofplacing this .,do, elsewhere and holding the Seller liable for damages. Hoome , the Seller shall nor M liable for damages en a resin, of delays due to causes not reasonably foreseeable which are beyond is reasonable central and witMm in fault of negligence, such on of Gad, arts of civil or military authorities, governmental priorities, fares, sakes, flood, epidemics, wars or dots provided that notice of the conditions causing snob delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, Her date of delivery shall M extendd for the cefind equal to the time tw ualty last by elan ofdbe delay. 3. WARRANTY. The Seller amounts Char all gods, articles, mdm ors and work covered by this oNer will conform with applicable drawings, specifications, samples and/or after descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted sundards for work of a 'mild nature. The Sellef agrees to hold the puehau, hamlcas form any loss, damage m oulowe which the Purchaser may suffer or incur on account of fe Sellers breach of wacanry. The Sella shall mplace, repair err make good, without cost to the purchaser, any defeats or faults arising within one (1) year in within such longer peril of time in may be proscribed by law or by fe lams of any applicable wamenry provided by the Sella after fie date of acceptance of the good f ishd heremder (.a,. nor to be a x.roubly delayed), resulting farm imperfa, or defective work done in materials fumuM1d by the Seller. Acceptance or use of goads by the Purchaser shall nor connimte a waiver of any claim undo this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal to. by wrinen change ordo. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the move, other than Iegd terror, including additions to or deletions fmm the quantities originally mAered in the specifications or drawings, by x'xi a, war. change odes If any such change aR ts the amount due or thermos ofpofomance hereunder, an equitable adjustment shall M more. 6. TERMINATIONS. The Purchaser may at any time by writes change order, terminate this agreement as to any or all portions of the ggiwds then not shipped, subject to any eqmothic adjuamem ben ran the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profis on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor arms Seller with respect to my goods which are the Sellers smadad stack. No such mmtiwtion shall relieve the Purchaser a, the Seller of any affect, obligmiore son, any good delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjusment most M asserted within thirty (30) days from the date the change or temtimtim is odered. 8. COMPLIANCE WITH LAW. The Seller war orals that all good sold hceander shall have been produced, sold, delivered and fmished in swim compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such docoments as may be required 1p eft d or evidence compliance. All laws and regulations required as be incorporated in agreements of this character are hereby imoryomled herein by this reference. The Seller agrees to imkmnify and hold the Purchase, harmlms lam all costs and damages mlfod by the Purchase, as a result of tad Sol). failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, at convey this Oder, or my morales due of to become due hereunder without the prior written consent of the enter pray. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for al I equipment, materials, and items furnished in performance of this agreement, but and clear of any and all Iran,, rectr diom, eservalipm, security intarat encumbrances card claims ofothers. The Seller shall release the Purchaser and its contractors artery tier from all liability oral claims of any remre resulting from the performance clinch work. This release shall apply even in the ascot of fault of negligence of the party released and shall extend to the directors, oRaers and employees ofsuch Pony. The Sclkrs contractual obligations, including warrmry, shall not be deemed to be reduced, in any way, because such work u performed or wuud to Ira Performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, matmal or proem covered by loner, patent, trademark m copyright the Seller shall indemnify and save hadmless the Purchaser fmm any and dl claims for infringement by award of the use of such patented design, device, material or process in connection with the contract, add shall indemnify the Purchaser for any and, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosaution or afro the completion of the work. In case said osutporml, ar any pan 11 .ermf ar the intended a,, of the goal,. is in such .it held to conclude ffngemenl and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either practice far the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but noninfrid, ing equipment. or modify it an is baames nardvffinging. 15. INSOLVENCY. If the Sella shall become insolvent or bankmp, make an assignment for the b refit of creditors, appoint a reservoir of advance for any of me Sellers propnry of Woman, this Oder may forhwith M canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions afterms used or the interpretation of the agreement and the rights of ell parties hereunder shall be conarmed under and groomud by the laws fthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller u w perform work heeundeq including the services of Sellers Repman arive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sallers owu risk mall the name is Polly mmplerd and accepted, end shall, in eau of my accident, destruction or injury to the work andS, mamrids before Sellers furl completion ad accepmce , complete elm work at Sellers own expose and to am turnaround of Inc Ruchasion What marmals and equipment are furnished by he. far installation Or emotion by the Seller, the Seller shall receive, unload, store and handle same a the site and become responsible therefor in though such materials and/or equipment were being frmishd by the Seller under the oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers companion, including occupational disease benefits, to in employees employed on or in a medico with the work covered by this purchase order, anNor to their dependents in accordance widt the laws of the state in which the work is to be done. The Seller shall also cony comprehensive Baneml liability malodor, bar Out limited to, contractual and wmmobile Public liability insumner with tidily injury and death limits of at lead $300.000 for any one person, 550Q000 for any coaccident and property damage limit per accident of 5400,000. The Seller shall likewise drquire his ntractors, Worry, to provide for such compensation and insurance. Before any ardor Sellers or his cmtmerars employees shall do any work upon the premises of ethers, the Seller shall furnish the Pumhaso with avert that such mmpemation and insurance have ban provided. Such certificates shall specify the date when such otnpemation and insurance have been provided. Such certificates shall specify the date when such compensation and inmomme expires. The Seller agrees that such compensation and insurance shall M maintained until after the emir weak is completed and complex. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby andinnim tad entire amponsibiliry and liability for any had all damage. loss or injury army kind or retum who., to persons or property caused by or resulting from the armcutim of fe wool: provided fro in this purchase order or or mromemon herewith. The Seller will indemnify and Mid hamless the Purchaser and any r all of the Purchases officers, agents and employees from and against any and all claims, losses, dmages, charges or expenses, whether direct or idled, end whether to pe.am or property to which the Purchaser may be put or subject by realm of any act, action, neglect, omission or default on the part of the Seller, any of his continuum, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings atoll be brought against the Purchaser, or its art agents. nr employees at any time oa account or by reason of any art, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, adxdn,, fees and other expenses, any and all judgments that may be ircarnd by or eme d against the Purchaser a, any of its or their ollicers, agents or employees in such wits in other Proceedings, and in cose judgment or other lien M placed upon or obtained ruMbut the property of the Purchaser, or said parties la or ss is result ofsuch suits o, oNer proceedings, fe Seller will an once cause me same m be dissolved and discharged by giving bond nr otherwise. The Sellef and his contractors shall take all mfety precautions, famish and install all grants naesmry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limidtion, fie Occupational Safety and Health Act of 1990 and all roles and regulations issued pursmnt thereto. Revised 071 014