Loading...
HomeMy WebLinkAbout490374 SCHWARTZ ELECTRIC - PURCHASE ORDER - 9150722PO PURCHASE ORDER 915072er Page City of PURCHASE 9150722 t of 2 Flirt Collins This number must appear /,�—J`-' ` 1 1 on all invoices, packing sli s and labels. Date: 0113012015 Vendor: 490374 Ship To: OPERATIONS SERVICES SCHWARTZ ELECTRIC CITY OF FORT COLLINS 506 DIAMOND DR 300 Laporte Avenue FORT COLLINS CO 80525 Building B FORT COLLINS CO 80521 Delivery Date: 01/30/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Install LED Pole Heads 1 LOT LS 1,540.00 215 N Mason 2 Install LED Pole Heads 1 LOT LS 2,420.00 Northside Aztlan Community Cnt 3 Install LED Pole Heads 1 LOT LS 1,650.00 Horticulture Center reference quote # 339, 340, 341 Contact: Ryan Boehle ph# 970-568-6940 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.mm Total $5.610.00 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. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt from sate mall local taxes. Our Exemption Number is H. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pmchasa to insist upon strict performance of the terms and condition hereof, failure or delay to Integral Revenue, Denver, Col..& (Ref. Colorado Revised Smarts 1973. Chapter 39 26. 114 (aj exercise any rights or mnedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the aramance of or payment for goods hereunder or approval of the design, shall not release the Seller of Good R jate. GOODS REJECTED due to failure to meet spa ifiatioa, either when shipped a due as defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinm purchaser to insist upon strict performance hereofor any of its rights or thoughts as to any such goods, regardless instructions fmm da, City of Fog Collins. of when shipped, faeived or accepted, ins to any prior or subsequent default h.euMer, nor mail any purported oral modification or rescission of Nis purchase order by the Purchases operate a e waiver of any of the terms Impatient. GOODS are subject to the City of Fort Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merthandiu, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of Fiat Collins. However, it is to br understood that FINAL Seller and one Purchaser recognize Slut in mtal economic practice, overcharges resulting f antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violation are in fuel became by the Purchasing. Thernitforefor goad cause and as mnideration fen emerging this purchase mda. me Seller hereby anig,a a the Purchaser any and ell claims it may now have or formula Freight Terms. Shipments must br F.O.B., City of Fog Collins, 700 Wood St, To" Collins, CO 80522, unless acquired under fetal m sate antitrust laws fen such overcharges relating to me particular goods or services otherwise spaife on this order. Upermission is given to prepay freight and charge separately, me original freight purchased or acquired by the Pmchna pursuant to this purchase order. bill most accompany invoice. Additional clove ex fir parking will not the, acccpred, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disaibuting points in gurims pars of the country, shipment is If the Pmchastt directs the Seller a correct twnconfotming or defective goods by s date 1obeagreed upon by the expected from the nmreal distribution point to dustintim, and excess freight will be debated fmm Invoice when Purchaser and the Seller, and the Seller masa0er indicates its nobility, or unwillingness to comply, the Pmchasn shipmenss me, guide from greater distance. may cause me work a to performed by the most expeditious means available to it, and She Sella shall pay all costs sssociated with such work. Permits. Seller shall procure a1 sellers sole cost all necessary permits, ttnifiar. and h msa required by all applicable laws, regulations, ordinances and rules rds, sum, municipality, territory or political subdivision where The Seller shall relcsse me Pachnef and its contrasting of any fin fart all liability end claims of any name She work is performed, or required by any othef duly c.nlouted public matronly having jurisdiction over file work resulting firm me performance ofsuch work. of vendor Seller higher ogres 10 hold me City of Fort Collins formulas fmm .ad against all liability and lass incurred by than by reason of an assured or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the not of fault of negligence of the patty released and shall extend to the and requirements. directors, officers and employers ofsuch party. Amhorication. All parties to this ..Motu agree Ihot the representatives arc, in fact, bona fide and possess SiII and omplme authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein sat forth and any supplementary or additional lemss and conditions annexed hereto or incorporated herein by mferencc. Any additional or different terms and conditions propose by seller are objected a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment. arrive on your promised delivery date as noted Time is of the essence. Delivery and perfoamnce must be elected within the time stated on the purchase order and the Jocamwts attached bauto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate ss a waiver of this provision. In the event ofany delay, the Purchaser shall have in addition or other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such as orG.d, as oFfi,il m mihmry authorities, governmental priorities, Bass strikes, flood, epidemics, wars or riots provided that notice of the condition carving such delay is given in the Purchaser within five (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 fie period equal to the time actually last by reason of the delay. 0. WARRANTY. The Seller so m9nu that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples author other descriptions given. will W fit for lye purposes intended, and performed with the highest degree of care and competence in ecrnrdence with accepted standard for work of a similar nature. The Sella agrees to hold me puchroca harmless fmm any loss, damage or expense which the Purchaser may sulfa or incur on account of the Sellers breach of wavenry. The Seller shall replace, repair in make good, without cast to the purchaser, any defects or faults arising within one (U year or within such longer pefied of time as may be pfacribed by law or by the terms of any applicable wanting provided by life Seller after me date of mccptmce of me good fumishe hereunder (acceptance not to be maessonably delayed), resulting from imperfect car defective work dam or materials famished by this, Seller. Acceptance or Isle of goods by Ore Purchaser shall .1 constitute a waiver ofany claim und. mis waranty. Except as otherwise provided in this Purchase order, den Sellers liability hereunder shall extend a all damages proximately around by the breach of my of me foregoing warranties or guamnteea bur 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 a legal terms by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal ennes, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or wriften change order. If any such change affects the amount due or the time ofpafonnmce hereunder an equitable adjumnam shall he made. 6. TERMINATIONS, The Purcbgaar may at any time by wrium change order, terminate this agreement as to any m all ponicr, of the goods then not shipped, subject to any equitable adjustment between the penis as to any work or materials then in progress provided that the Pumhasa shall not be liable for any claims for anticipated profiu on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor o'the Seller with respect to any goods which are the Sellers standard mock. No such lamination shall relieve the Purchaser or Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or tegnini tion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gaud sold hereunder stall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents is may be required to e0'ect or evidence compliance. All laws 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 Purchmer hmmless fmm all costs and damages suffered by the Purchaser is a result of the Sellers failure to comply with such law. 9. ASSIGNMENT'. Neither parry shall assign, handler, or convey this order, or any monies due or to become due hereunder without the prior wrinm consent of me other parry. I O. TITLE. The Seller warrants full, clear and unrestricted title tome Purchaser for all equipment materials, and items f ishe fi Forbearance of this agreement, free and clear of any, and all lien, restriction, reservm ., semuiry interest encumbrances and claims ofothers. The Sellers contactual obligations, including waganty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wban,va the Sellars required to use any design, device, material m p was covered by letreq Polar, trademark or ropyrght the Seller shall indemnify and save hmnrlas the Purchaser from any and all claims fur infingement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser fur any cost, expense or damn,, which it may be oblige to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of fie goods, is in such suit held to constitute infringement and the use of said clformal or an is enjoined, the Seller shall, a1 its own expense send car its opllon, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mounfringing equipment, or modify it so it becomes nounflunging. 15. INSOLVENCY. If the Seller shall barriers, insolvent or bankrupt, make an maignment for the benefit of credirors, appoint v receiver or ounce for any of the Sellers property or business. this order may foghwhh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or lye interpretation ofthe agreement and the rights of all ponies hereunder shall be construed under and governed by the laws of the Sum ofColoado, USA. The following Additional Condition apply only in cases where the Seller is to perform work formation, including the services of Sellers Reprou nutive(s), on for, premises ofomers. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own risk until the came is Silly completed and accepted, and shall, in case of my aradent, destruction or injury a the work mrNor mmerials before Sellers final completion and acceptance, complete The work at Sellers own expense and to the satisfaction of the Purchases. When materials aM egbipmmf are furrfished by amen for installation ar erection by me Seller, Oa, Seller shall receive, unload store and handle same at the site and become responsible tratfor as though such m+mrials author equipment were bring Burnished by the Seller under the order. IL INSURANCE. The Sell. shall, at his own expense, provide for the payment of workers compensation, including nonmaterial disease benefits, to its employees employed on or in connection with the work covered by this purchase order, candor a their dependents in afroplame with me lass of the site in which the work is to be done. The Seller Shall also any comprtheaive general liability including, but not Iimhe W. contractual mM automobile public liability insurance with bodily injury and death limits of at legal $300,000 for any one person, $500,000 for my coaccident and property damage limit per accident of 5400,O013. The Seller shall likewise require his morm., ofany. an provide far such component. and inumne. Before any of dl, Sellers or his conbacum employees shall do any work upon the premises orators, the Seller shall famish the Purchu. with a certificate mat such compensation and insurance have been provided. Such cenificales shall specify me date whim such compenation and insurance have ban provided. Such anifiates shall specify the date when such mmparration and insurance expires. The Seller agrees Out such compensation and insurance shall be maintained unfit after me Same work is completed and accepted. 19. PROTECTION AGARiST ACCIDENTS AND DAMAGES. The Seller herby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind r nature whatsoever to persons or property caused by or resulting from the execution ofthe 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, .gents and 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 envy be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors affairs, agents or employees. In case any suit or other prureedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany act action, neglect emission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as of v raid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own ape., to pay any and .11 costs, charges, attorneys f s and Omer expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in ash judgment or other lien be place No or obtained against the property of the Purchases, or said parties in at in a fault of such suits or other proceedings, the Seller will an once cause the a. to br dissolved and discharged by giving bond or oherwise. The Seller and his contactors shall take ell afety praeutim s, f ish and insult all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to Safety including, but without limitation, the Ocapatioal Safety seal Health Act of 1970 and.11 tales mal Sgulation issued pursuant menu. Revised 072014