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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 9147401Fort Collins Date: 12/15/2014 PURCHASE ORDER Vendor: 109171 CRESCENT ELECTRIC SUPPLY CO 1404 E MAGNOLIA FORT COLLINS CO 80524-4717 PO Number Page 9147401 1of2. This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/15/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Northside Gym Lighting Retro-fit ref. qutoe # 3315129 rev #01 per Mark Mayfield 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@fcgov.com 1 LOT LS 27,120.00 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. COMMERCIALDETAILS. Tax exemptions. By owner the City of pod Collins is exempt from some and local tows. Exemption Nowhere; 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 Is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Samtes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due he failure to meet specifications, either when shipped or due to defects of damage in Reach, may be remmd to you for credit and urn not to be replaced except upon receipt of written instructions from be City of Fort Collins. Impaction. GOODS are subject to the City of Port Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, se or equipment in response to this order canresult in authorized payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable terminal inspection procedures. Freight Terms. Shipments must Is, FA.H, City of Fort Collins, 900 Wood St, Pon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge s,pi mtcy, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have disMbuting points in various pads of the country, shipment is expected Gam the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance - Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licences required by all applicable laws, regulations, ordinances and toles of the state, municipality, lerow, or political subdivision whore the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Too Collins harmless from and against all liability and lass endrted by them by reaon of an asserted or established violation of any such laws, regulation, ordinances, roles requirements. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the inn and conditions thereof, failure or delay to exercise any rights or candies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance oror payment forgoods, hereunder or approval of the design, shall net 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 heist upon strict performance hereof or any of its rights or rem dies as to any such goods, regardless of when shipped, received or accepted, as M any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate he a waiver of any of the tears hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations we in fact bane by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it my now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defee ive goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions metros available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nacre resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direw o r, officers and employees of such party. Authentication . All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete minority to bind said parties. such work is performed or caused 10 Is, performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition sound herein set forth and any supplementary or additional terms and conditions annexed here. or incorporated herein by 14. PATENTS. reference. Any additional or different erms and chance. proposed by seller are ob wbol to and hereby injected, Whenever the Seller is required to use any design,device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for iofnngen ent 2. DELIVERY. by reason of the use of such patented design, device, material or process in connection with the contract, and PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such promised delivery date Ne noted. lime is of the essence. Delivery and performance must be effected within the time infringement at any time during the prosecution or after the completion of the work. In case said equipment, or slated on the purchase order and the documents attached hereto. No acts of the Rundowns inchill without any pan thereof or the intended use of the goods, is in such suit held no cenlimn infringement and the use of limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any deny, said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, ether procure far the the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays noninfringing equipment, or modify it so it becomes coninGngin, due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts official, al of civil or military authorities, govemmrntal priorities, fires, strikes, flood, epidemics, wars or IS. INSOLVENCY. not, provide that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of customs, appoint a time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be receiver or trustee for any of the Sellers property or business, this order may forthwith her canceled by the extended for the period ,not m the time actually lost by reason office delay. Purchaser without hablity. 3. WARRANTY. The Seller warrants that all goods, trades, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be ❑t for tie purposes intended, and Performed with the highest degree of care and mmpmeme in accordance with accepted standards for work of s similar nature. The Seller agrees to held the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer peed of time as may be prescribed by law or by the tears of any applicable warranty provided by the Seller when the date of acceptance of the goods hrmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or comenals famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimte a waiver of any claim under this watmnry. 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 lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purctmser may make changes to legal tears by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puabuver may maker any changes to 6e terms, other than legal terms, 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; the amount due our the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andsar work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations w to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. A, claim for adjustment ..it be wor ed within thidy (30) days from the date the change or termimlio s is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and finarriallial in strict compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such documents as may be required a effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby compounded herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtless from all costs and damages suff ed by the Purchaser as a result of the Sellers failure to 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 the prior written cement of the other party. 10. TITLE. The Seller warrants full, clear and wh as%Ieted title to the Purchase, for all elulpment, materials, and items Finished in pedormanu of this agreement, Gee and dam of any and all lien, resWctiom, reservations, activity interest encumbrances and claims ifothcrs. 16. GOVERNING LAW. The definitions of terms used or the Interpretation ofthe agreement and the rights of all parties hereunder shall be crowded under and Reversed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreaenative(s), on the premises ofetbers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully eoapletd and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment me mousiest by others fur installation or erection by the Seller, the Seller shall receive, undead, store and handle same at the site and became responsible therefor as though such materials andor equipment were being[ ished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, Indoor to their dependents in accordance with the laws of the slate is which the work is to be done. The Seller ,hall also carry oomprebeosNe general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast 5300,000 for any one person, 5500,0(10 for any one accident and property damage limit per accident of Wittm00. The Seller shall likewise require his contractors, if any, to provide for 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 Purshwer with a cedificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cmlfici es aball specify the date when such compenedion and insurnmer, expires. The Seller agrees that such compensation and Insurance shall be mantamd until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resporo bility and liability for any and all damage, loss m i jury of any kind or nature whatsoever to pm or property caused by or resulting from foe execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indenal and hold harmless the Purchaser and any r all of the Purchasers officers, agents lead 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 &bull on the pan of the Seller, any of his comments, or any of the Sellers or connecters officers, agents or employees. In case any suit or other proceedings shall he brought against he Purchaser. or its officers, agents or employees at any time on account or by reason of any act, when, replied, emission or default of the Seller of any of his contractors or any of its or their offlem, agents or employees as aforesaid, the Seller hereby agrees to awards the defense thereof and to defend the same at the Sellers nun expense, to pay any and all cos%, charges, i n cal fees and other expenses, any and all judgments that may be incurred by art obtained against the Purchaser many 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 of the Purchase'. or said parties in or as n result of such saw 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 precaution, fial and inrsll all guards nuwsary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimliov, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07I2014