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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 3215196PO PURCHASE ORDER 321519er Page City of PURCHASE 3215196 t of z `t Collins ins This number must appear V ` 1 , on all invoices, packing �slipsand labels. Date: 01/12/2015 Vendor: 109171 CRESCENT ELECTRIC SUPPLY CO 1404 E MAGNOLIA FORT COLLINS CO 80524-4717 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Electric Supplies 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:purchasingQfcgov.com 1 LOT LS 40,000.00 Total $40,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt from stare and local taxes. Our Exemption Number is 11. NON"WAI V F.R. 98-04502. Federal Excise Tax Exemption Cmifcaa of Registry 84-6000587 is registered with the Collector of Failure of the Porchuer m Insist upon surct rawfir rmnw of the terms and conditions hereof, failure or delay as Internal Revenue. Denver. Colorado (Ref, Colorado Revised Statutes 1973. Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, failure to pramp0y notify the Seller in the event of a breach, the acceptance ofor payment for goods remainder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall rim be deemed a waiver of any right of the damage in transit, may be rammed re you for credit and are not no be replaced except upon receipt of written purchaser to insist upon strict performance hereof or my of its rights or remedies as in any such goods, regadless instructions fmm the City of Fort Collins. of when shipped, received or accepted, w to any prior or subsequent default hereunder, nor shall any purponad oral modification or rescission of this purchase order by she Purchaser operate as a waiver of any of the wri s Inspection. GOODS are subject to the Ciry of For Collins inspection can arrival. harbor Fine) Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF AMITRUSTCLAIMS. w honaed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCEis dependent upon completion of all applicable required inspection procedures. violations are in fact game by the Purchaser. Theretofore,nfotgood cause and w consideration for exmuting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments moat be PO B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or some antitrust laws for such overcharges relating to the particular goods 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 Purchaser pursuanua this purchase order. bill most accompany invoice. Additional charges for packing will trot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of me country, shipment is Ifthe Purchaser directs the Seller o correct nonconforming or defective goods by a date be be agreed upon by the expected from the nedreal distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the most expeditious means scalable to it and the Seller shall pay all vests associared with such work. Permia. Seller shall procure at sellers role war all newssery permits, cenifcaaw and licenses required by all applicable laws, regulations, ordinances and rules bribe state, municipality, territory or Political subdivision where the work Is peAormxi, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an rammed or established violation of any such laws, regulations, ordinances, atlas and requirements. Authoritarian. All probes to this contract agree that me representatives are, in far, bona for and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or i ifferennerms and conditions proposed by seller are objected at and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date u noted. Time is of the essence. Delivery and pedomoance must be effected within 'he time stated on the purchase order and the documents atached herein. No acts of the Purchasers including, without limitation, acceptance of pamil laze deliveries, shill mperaoe as a waiver of Nis provision In the event of any delay, the Purchaser shall have, liable for damages n a other legal and tywuble remedm the ape fo of amazing this order elsewhere and holding the Seller liable for damages. Howar, eb the Seller sham) not be liable for damages as e result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without flood, its tepideof mo s, wont or such ems of God, teas of civilhe military authorities, govemmmbd priorities, fires, strikes, flood, epidemics, wars or rime provided than notice of she conditions canting such delay is given on the Purchaser within five daysof the time when the Seller fen received knowledge thereof the event of any such delay, she dam of delivery shalledbe crowded for she pedm shannuallymd equal e time annually less reason eaon of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Federated with the highest degree of care and competence in accordance with accepted standards for work of a sunder nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamaty. The Seller shall replace, repair or make good, without cost on the purchaser, any defects or faults owing within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the doe of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this mentally. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage prommarely caused by the breach of any of the foregoing warrantias or guaranbres, but such liability shall in no event include loss of profits or loss 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 tents by wanes change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes or the terms, other than legal terms, including artificers, to or deletions fmm me quantities originally ordemd in the specifications or drawings, by vented or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at airy time by written change order, terminam this musanant ss to my or all persons of the good then not shipped, subject l0 any equitable adltavnent between the Par is as to any stork or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the good anger work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such Termination shall relieve the Purchaser or the Seller of my of their obligations an m any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thiM (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW - The Seller w-errant, mar all good sold hereunder shall have been produced, sold, delivered and famished in sorict comphmes with all applicable laws and regulators in which the goods are subject. The Seller shall execute ands deliver such documents as may be required go effect or evidence compliance. All has and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from ell costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Parry, shall assign, wavier, or compy this order, or my monies due or to become due hereunder wihout the prior written mount of the other perry. 10. TITLE. The Seller warants fall, clew and unrestricted u0e m me Purchaser for all equipment, materials, and items furnished in perfigmmnce of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrmca and clams ofothas. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shill apply even in doe event of fault of negligence of the parry released and shill extend to the directors, officers and employees of such parry. The Sellers commerical obligations, including warranty, shall not be deemM or be reduced in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is regtdrm to use any design, device, manual or process covered by letter, patent trademark or copyright the Sal let shall indemnify and save harmless the Percl uer from any and all claims for infringement by reason of the use of such premed design, device, mine" or process in connection with she convect, and shall indemnify the Purchaser for any con, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of Joe work. In cue said equipment or any pan thereof or the intended use of the goads, is in such suit held to contribute infringement and the use of said equipment or pan is immoral. due Seller shall, in its own expense and at its aption, either procure for the Purcharer the right to continue using said equipment or pat¢. replace the same with substantially acted but no uni inVng equipment or modify it m it becomes roninGnging. 15. NSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, logical liability. 16. MVERNING LAW. The definitions of tams used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representarive(s), on the premises of oilers. 11. SELLERS RESPONSIBILITY. The Seller shall wary 0n said work at Sellers own risk mill the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work md/or matends before Sellers fend completion and acceptance, complee the work at Seller's own expense and m dre sawficenon of the Purchaser. When marerids and equipment are famished by others for installation or « ection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor we though such materiels under equipment ware being famished by the Seller under the order. IS, INSURANCE. The Seller shalt w his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed cn or in connector with the work covered by this purchase order, anger on 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 liability including, but not limited to, contractual and automobile public IiMiliry insurance with bodily Injury and death limits of as lever $300,oW for any one Person, 5500,000 for any one accident and property, damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a ceroficam that such comPmsauos and insurance have gem provided. Such emiframe shall specify due date when such compensation and brainstorm have gem provided. Such certificates shell specify the date when such compensation and insurance expires. The Seller agrees Nut such concessionaire and insurance shad l be maintained mul after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchue order or in connection herewith. The Seller will indemnify and hold handess the Purchaser and my or all of the Purchasers officers, agents and employees fmm and against my and all clams, loses, damages, charges or expenses, whether direct or indirect, and whither to patterns or property to which me purchaser may be put or subject by reason of my act action, neglect, omission or default on the part of the Seller, my of his connacmrs, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he brought aguner me Purchaser, or its effects, agents or employees in any time on account or by reason of my act action, neglan, omission or default of me Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, by, Seller hereby agrees to assume the defense thereof and to defend me same at the Sellers own expense, to pay any and all costs, charges, summeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my 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 Purchaser, or said Parties in or as a result of such suits or other proceedings, me 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 safely precousb ns, famish and inrtill all guard necessary for the prevention of accidents, comply win all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and dl rules and regulations Issued pursuant Farm, Revised 07nod4