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HomeMy WebLinkAbout517490 Q E D-LOVELAND - PURCHASE ORDER - 9150399Fort Collins PURCHASE ORDER PO Number Page 9150399 1of2 This number must appear on all invoices, packing sli s and labels. Date: 0111512015 Vendor: 517490 Ship To: OPERATIONS SERVICES Q E D-LOVELAND CITY OF FORT COLLINS 541 W 67TH ST 300 Laporte Avenue LOVELAND CO 80538-1193 Building B FORT COLLINS CO 80521 Delivery Date: 01/15/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Lithonia Lighting LED Troffers 1 LOT LS 7,326.00 Provide 45 per attached quote #26556 dated 1/13/15. 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenths and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute rate City of Fort Collins is exempt from state and local tarn. Our Exemption Number is robo 2. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Restated Smmta 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects Of damage In transit, may be rearmed to you for credit and are not to be enlisted except upon receipt of wnftai instmetions from the City of Fan Collins. Inspection. GOODS ate mb eel to the City affair Collins inspection oa arrival. Final Acceptance. Receipt of the merchandise, Services or equipment in respmse to this order an result in mmonsd payment en the pan or the City of Fon Collin. However, it is to Is, understood that FINAL ACCEPTANCE is dependent upon completion of all eppliable mluired inspection pmceduras. Freight Terms. Shipments muse be F.O.D., City of Fan Collins, 700 Wood Sr, Fort Collins, CO 80522, It. Otherwise specified on this order. Upermission is given or prepay fight mad charge sepsra4ly, the original freight bill mull accompany imnime Additional thing. for puking will not be uccspted. Shipment Distance. Where manufacturers have demurring points in various pans of the country, shipment is expected from the narat diso-ibmion prim to destination, and excess freight will be deducted from Invoice when shipments are made firm grater distance. Permits, Seller shall posture at sellers sole cost all necessary permits, certificates and licenses reported by all applicable laws, regulation, ordinances and rules of the state, municipality, mother, or political subdivision where the work is performed, or marital by any other duly turnaround public authority having jurisdiction over the work of vmdof. Seller fuller agrees Ip hold the City of Fort Collins hard. from and against all liability and loss incurred by them by reason of an msened or established violation of any such laws, regulations, ordinances, mica and ra trimnents. Ai thrountom. All Finis to this am., agree Wt the iipreminaboes arc, in fact. bow fide and possess full and complete authority as bind said Tanis. LIMITATION OF TERMS. This Premhse Order expressly limits acceptmce to the terms and conditions stated herein set forth and any supplementary Or additional rents and conditions annexed hack, or imerpoamd herein by reference. Any additional or different tams and condan. proposed by seller are objected to and bereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be eRected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without resolution, acceptance ofparmai late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall hale, in addition to other legal and agritabl, remedies, the option of placing this He, eleawbere and holding the Sella liable for damages. However, the Sella shall art b< liable for damages as a rich of delays due to wears rim reasonably forcseeabic which are beyond its reasonable central all without its fault of negligence. such acts fGod, acts nfcivil we military malmrities, govemmmml mimides, fires, spikes. Rood, emdemies, wars or riots provided that notice of use roeditiam causing such delay is given to the Pumbsser within Gre (5) days of the time when the Sella first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period egml in the time actually last by reasov rinse delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable Jmwings, specificuliom, sumpl. rall., other descriptions given, will be fir for the profits. intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a milk, mmre. The Seller agrees Ire hold the purchaser bmml.s from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwamnry. The Seller shall replace, repair or make good, without cast to the purchasm any defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the tram ofany applicable warranty provided by the Seller after the date of status. of me goad fireand d hereunder (aceeptance not N be umeawobly delayed), resulling from imperial or def Live work done or materials famished by the Seller. Acceptance or use of goods by the Perchamr shall cot constitute a waiver ofmy claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately caused by she breach of my of rise foregoing warranties a guarantees, but such liability shall in no event include loss afoot 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 terms by worms change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the gmmitin originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount due or the time of performme, hereoda, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, wrmimte this agreement as to any or all poroom of the goods then not shipped, subject an any equitable adjustment between rise parties in to any work in materials then in progress provided that the Purchaser shall not be liable far any claims for anticipated probes on the uncompleted portion of the good andeor work, for incidental or consequential damages, and that no such adjetment be made in favor of the Seller with craft to any good which we the Sellers standard track. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscned within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good said hereunder shall have hen produced sold delivered and famished in sonet compliance with all applicable laws and regulatirm in which nse goods aft subject. The Seller shut amerce and deliver such documents as may be required to effect or andme, o mplimue. All laws arad regulator me d ral to be incorporated in agreemen6 of Nis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold use Purchaser harmless fmm dl ca[ts and damages suf sal by me Parcbaza as a moat, of Nc Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, imnsfm or convey this order, or any monies due or to become due hereunder without the prior written .meat ofthe other party. 10. TITLE. Ile Seller sources full, clear and unrestricted title to the Puchase for all equipment, materials, and items famished in performance of this agreement, fro and clear of any and ul lien, resmmiom, reservations, security interest encumbrance and claims of onsers. II. NONWAfVER. Failure of the Purchaser to insist upon strict perfommntt of the terms and conditions hereof, failure or delay to y rights or remedies provided herein or by cow, Estate m promptly notify the Sella m me event of a bercise rean ach, the acceptance ofor payment fro goods hereunder or approval ofthe design, shall not m ase the Sella of any of rise wanantiex or obligations of this purchase order and shall not be deemed a waiver of my right of the pumhaser to insist upon soiet performance hero for any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subueryent default hereunder, nor shall any purported oml midi fication or rescission of this purchase order by the Purchaser Operate m a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from around d violation are in fact home by rise Purchases. Theretofore, far good cruse and as comidemtion for vacuuming this Forchax order, the Seller hereby assign to the Purchaser my and all claims it may now have or hereafter malarial under federal an state am., lax: for such overcharges made, k, the particular goods or services purchased or acquired by the Parduster pursuant to this purchase other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimas the Sella to correct nonconforming to defective good 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 expeditious mans available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulling from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and than extend to the directors, mRicers and employees of such parry. The Sellers ronuarmall obligations, including warnmir shall not be, droned as be reduced, in any way, but. such work is paternal or caused to be performed by the Purchases. IC PATENTS. Whenever the Sella is required to use any design, device, material or process covered by leum, prom,, trademark cnpyrigha, the Seller shell indemnify and swe hunches the Purchaser from any and all claims fw ird'nemosem by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such management at any time during the persecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to terminate infringement and the use of said equipmrnl or pan is enjoined, the Seller shall, an its own expentt and at as option, either prvcure fw flue Purchaser the right to continue using said equipment or pans, replace the same with substantially am] but noninfnnging extirpated, or modify it so it becomes wninGnging. I S. INSOLVENCY. If the Sella shall become natural or bankrupt. make an maigmnent for dre benefit of creditors, appoint a receiver or trustee f my of the Sellers properly or business, Nis order may foMwith be canceled by the purchase, without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and fee rights of all parties hereunder shall be constmed under and governed by the laws ofthe State ofColrrado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, tra ini ng tha services of Sellers Remcsenmtive(s), on the premises ofodters. 17. SELLERS RESPONSIBILITY. The Seller shell any an said work at Sellers awn risk until the mine is folly completed and accepted, and shall, in case of my encidar, destruction or injury to flue work maker materials before Sellers Intel complawas and excespmnce, complete the work at Sellch own ec,. and to the mtisGc . of the Purchaser. Wben matmala and equipmem are f rear bed by others for installation in traction by the Sella, the Sella shall receive, unload, sane and handle sane at the site and became responsible therefor as Hough such malaim, andror ey.,.t were being Famished by de Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, oo its employees employed on or in connection with the work covered by this purchase order, tndsor or their dependnts in accordance it the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imumnce wadi bodily injury and death limits of at least S300,00iR for any one person, $500,000 far any one accident and property damage limit per accident of S,100,000. The Seller shall likewise require his contracts. if any, to provide fm such compensation and insurance. Before my of the Sellers or his coarecmrs employees shall do my work upon the premises of others, the Sella shall Finnish the Purchaser with a certificate that such companions coed insurance have been provided Such moifiates shall specify the date what such compensation and insurance have been provided. Such ratificdes shall specify the date when such compensation and insurance expire. The Sella agrees that such compemmion and insurance shall be anom mined until after rise entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the enire responsibility and liability far any and all damage, loss in injury ofany kind or nature whatsoever to parents or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damage, charges or expenses, whether direct or fi dint, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission in default on the pan of the Sella, my turns contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on mcount or by reams of any act, action, neglect, omission or &hall of the Sella Of my of his mntanors or any of its or their officers, agents or employees m aforesaid, the Sella hereby ogre. to assume the defame nsereof all to defend the same at me Sellers own expeme, oo pay my and all costs, charges, aromeys Ices and other apenow, , my and all judgments that may he incurred by in obtained against the Purcloca or my of its or mere officers, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained author the property refuse Purchaser, or said parties in or as a moult of such suits 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 precautions, famish and install all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Heath Act of 1970 and all roles and regulations issued pursuant thereto. Revised D nOlai