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HomeMy WebLinkAbout132292 MUSCO SPORTS LIGHTING LLC - PURCHASE ORDER - 9150437PO PURCHASE ORDER 915043er Page CI�/ of PURCHASE 9150437 t of z F6r} Collins This number must packing ,�—J`-' ` " 1 on all invoices, packing sli s and labels. Date: 01/16/2015 Vendor: 132292 MUSCO SPORTS LIGHTING LLC PO BOX 808 OSKALOOSA IA 52577-0808 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/16/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Lights for Edora West 1 LOT LS 237,500.00 per terms and conditions of 7657 Athletic Field Lighting . and work order agreement dated 1-16-15 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 $237,500.00 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 1. COMMERCLV.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fiom state end local unit. Do, Exemption Frandsen 11. NON WAIVER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is rclustered with the Collector of Failure of the Purchaser to insist upon stria performance of the terms and conditions heat( failure or delay to Interest Revenue, Drover, Colorado (Ref. Colorado Revised Statutes, 1973, Chapter 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval offhe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speci fiatimu, either when shipped or due to defects of any of the warranties or obligations of this pmchou order and shall not be deemed a waiver of any right of the damage in await, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions farm the City of Fon Collins. of when shipped, received or accepted, in by any prior or subsequent default hereunder, nor shall any purported am] modification or remission of this purchase order by the Pmchaser operate in a waiver of my of the terms Inspection. GOODS are subject to the City of Too Collins inspection on bound. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on due pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchases Recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE n dependent upon completion of all applicable examined inspection procedures. violations are in fact home by the Purchaser. Th rchaser. eatofore �fm good cause and as consideration for executing this purchase order, the Seller hereby aaaigns to the purchaser any and all claims it may now have or hereafter Freight Tears. Shipments roar be F.O.B., City of Fiat Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this Ruder. Upermission is given to prepay (night and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will Out be accepted. Shipment Distance. Where manufacturers have distributing points in caacus pans of due country, shipment is expected Item the rmma distribution point to destitution, and excess freight will be deducted from Invoice what shipments are made from grater distance. Pamirs. Seiler shall procure at sellers we cast all nacessery permits, cenifimaes and licenses meuimt by all applicable laws, regulations, ordhmnces and rules of the same, municipality, temtory or political subdivision where due work is performed, or ex Lind by any other duly coretiued public authority havingjuasdiction over the work of vendor. Sella further agrees to hold the City of Fon Collies hanaleas from and against all liability and was Economist by them by reason arm summit or established violation army such laws, cegulanom, ordinances. rules and requicemmh. AutMsication. All panic to this contract agree fast the represemmives are, in fact bona fide and Roness full and complete m aherity or bind said paniew. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Term and conditions sound haew set forth and any supplementary or additional terns and conditions annexed hereto in incorpommd herein by reference. Any additional or diferenneam and conditions proposal by seller art objected to and hereby mjeaed. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately if you wmoa make complete shipment a move on your promised delivery date as rwled. Time is of the essence. Delivery and pcif.. most be effected within the time toted on the purchsse aide, and the chairman touched hereto. No acts of the Purchasers including, without hmiotion, continuum, of partial late dehvaies, shall operate as a waiver of Nis Provision. In the event of any delay. the Purchaser shall have, in addition to other legal cod equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, ale Seller shall not he liable for damages as a murk of delays due to causes trot reasonably f sable which are beyond in rmmvble central and without its fault of negligence, tech acts afford, acts ofcivil or military rat conies, governmental priorities, fine, stakes, Bond, epidemics, wars ar rich provided cast notice of the conditions causing such delay is given to the Purchaser within foe (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period agar to the time normally tom by reason oftbe delay. 3. WARRANTY. The Seller wamme, that all goods, arieles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will he fit for the purposes imended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar acme. The Seller agrees to hold the purchaser homeless from any lass, damage or expense which the Purchaser may suffer or incur on account of The Sellers breach of warrant, The Sella shall replace, repair, or make good, without cost to the porclasa, my dePocts or faults easing within one (1) year or within such longer Resod of time in may be preac bed by law or by the teems of any applicable warranty provided by the Seller after the date of aaceponce of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done in materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this puschose order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing somntan or guarantees, but such liability small in no went include loss of profb or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES M LEGAL TERMS. The Pmchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchae, may make any changes m the leas, other than legal more, including aslJitions to or deletions tram the gantams originally ordered in the .specifications or drawings, by verbel or written change order. It my such change effects the amount doe cribs time of performance hereunder, an equitable adjustment shall be made. 6. TERMMATIONS. The Purchaser may ar any time by waten champ order, tar omme this agreement as to any or all portions of the ,nods that nor shipped, subject to my equitable adjustment momen the parties in 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 and/or work, for incidental or consequential damages, and than no such adjustment be made in favor of the Seller with respect to any goods which me the Sellers standard stuck. No such lamination shall relieve the Purchaser or the Seller ofmy of Their obligations in to any goads delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be msened within thirty (30) days form the doe the change or twormaeion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strut compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such dacummts ns may be required m effect or evidence compliance. All laws and regulations requiml to be mcoryomted in agcecmenh of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless farm all costs and damages suRemd by the Purchaser in a recall of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mania due or to become due hereunder without the prior wdnen consent ofNe other party. I O. TITLE. The Seller warrants full, clear and unrestricted title to toe Punhacr for all equipment materials, and items fumishd an performance of this alinement fare and clear of my and all liens, candidate. resmartions. security interest eacumboacre s end claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller m corten nonconforming or defective goods by a date to be spread upon by the Purchaser and the Sella, and the Seller ahereafier indicates its inability or unwillingness to comply, the purchaser easy cause the work to be performed by $e most expeditious meats available to it and the Seller shall pay all costs associated with such wink. The Seller sbml release the Purchaser and its mutr . of any tier from all liability and claims of any store mashing farm the performance ofsuch work. This elesse shall apply even in the event of fault of negligence of dte perry releassd and shall extend to the dimes rs, officers and employees of such prior. The Seller's commoRRI obligations, including warranty, shall Out be deemed to he educed, in any way, because such work is performed or caused to be performed by the Purehaur. 14. PATENTS. Whatic r the Sellers required to use any design, device, material orprocess annual by lane,, paint trademark or copyright, she Seller shall indemnify and save hamlets on Franchiser fiom any and all claims for infringement by ,noon of she tau of such ormtal design, device, material or proses, in conawtion with the contract ad shall indemnify the Purchaser for any cast expense or damage which it may be obliged to Pay by motion of such infringement at any time during the prosecution or after the completion of the work. In eau said automation, or any pan ahc.f or the imeded use of the goods. is in such air held to cure ere Enlargement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its opaion, either presence for the Purchaser the right to continue using said aryipmenr or parrs, replace due were with substantially anal but coordinating dui,.,, or modify it so it become manum'nging 15. MSOLVENCY. If the Sella shall became insolvent or bathmpa, make an vaigmnm for the berefin of cmfmrs, appoint a receiver or mostee for any of the Sellers property or business, Nis order may ReMwith be canceled by the Purchssa without liability. 16. GOVERNDIG LAW. The definitions of temp used or the interpretation ofthe agreement and the rights of all ponies hereunder shall be command Ruder and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in ases where the Seller is to perform work hereunder, including the services of Sellers Rcpresenutivc(n), on the premiss ofoaders. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's owe risk until the same is Polly completed and accepted, and shall, in u of my accident, destruction or injury in the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment am famished by others for installation or emetion by ale Sella, the Sella shall receive, unload, stare and handle same at the site and become responsible therefor as though such mammals mdtor cquiprow were being fumishd 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 beiefh, to its enrployces employal on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be doom The Seller shall also carry comprehensive general liability including, but nut limited to, commnal and automobile public faml ley insurance with bodily injury and death limits of at least $300,Ooo for any one Person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise rapture 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 finish the Purchaer with a certificate 'hot 1uo11 conNensatom end insurance base been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. Ile Seller names that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss a injury ofany kind or nature whatwever to peons or primary caused by or resulaivg from the execution of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or d expenses, whether direct or indirect, awhether to personsor property to which the Pmchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against she Purchases, or its officers, agar or employees at my time on seem= or by remoa of my rat action, neglect, omission of default of the Sella of my of ho contractors or any of in or their officers, agenh or employees in aforesaid the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, m pay my and all cats, charges, anarneys fees and other expenses, my ad all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, again 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, Ole Seller will as once muse the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precaution, fuvch and install all goods necessary for the preventive of accidents, comply with all laws and regulations with regard to safety including, but without limiufion, the Occupational Safety and Health Act of 1970 and all rules and regulation issued parsuuut thereto. Revised 0)O0M