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HomeMy WebLinkAbout111306 CONSERVE-A-WATT LIGHTING - PURCHASE ORDER - 9157868PO PURCHASE ORDER 915786er Page City, O'F 9157868 ' of z `t Collins oll I ns This number must appear ` ` �7 on all invoices, packing slips and labels. Date: 01 /26/2016 Vendor: 111306 Ship To: UTILITY SERVICE CENTER - WA CONSERVE -A -WATT LIGHTING CITY OF FORT COLLINS 720 VALLEJO ST 700 WOOD ST DENVER CO 80204 FORT COLLINS CO 80521 Delivery Date: 12/30/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price STREETLIGHT FIXTURE, LED 250 EA 231.9900 57,997.50 70127828 70127828 STREETLIGHT FIXTURE, LIGHT EMITTING DIODE (LED), 73 W, 120-277VAC MULTIVOLT INPUT 0-10VDC OUTPUT DRIVER, NEMA 5-PIN PHOTOCELL RECEPTACLE, 10 KV SURGE PROTECTION, TOOLLESS ENTRY, FULL CUTOFF MEDIUM TYPE III LIGHTING DISTRIBUTION, BRONZE FINISH PHILIPS LUMEC, RFM-72W32LED4K-T-R3M-UNIV-DMG-FAWS-RCD-WC10-BR; Bid 8218 Streetlight Fixtures, LED 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 $57,997.50 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 I COMMERCIAL DETAILS. Tax exemptions. By Statute the City of Fort Collins u exempt from state and local lazes. Our Exemption Number its I I. NONWAIVEK 98.04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay in Internal Revenue, Denver, Colorado (Ref Colorado Revised Stations 1973, Chapter 39-26, 114 fa) exercise any 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 of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned in you for credit and are not to be replaced except upon receipt of writen purchaser to insist upon shirt performance hereof or any of its rights or remedies m to any such goods, regardless instructions from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection GOODS we subject to the City of Fen Collin inspection on amval hereof Final Acceptance. Receipt of the merchandise, savices or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authonmd payment on the pan of the City of Fen Collins However. nits to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from anmrust ACCEPTANCE IS dependent upon completion of all applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing dus purchase order, the Seller hereby assigns in the Purchaser my and all claims it may now have or hereafter Freight Terms Shipments most be F.O.B., City of Fen Collins, 700 Wood St, Fen Collins, CO 80522. unless acquired under federal or slate mourn 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 pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destura on, and excess fmghl will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distancemay cause the work to be performed by the most expedinous means available to it, and the Seller shall pay all costs associated with such work Permits. Seller shall procure at sellers sole cost all necessary permits. cemficates and licenses required by all applicable laws, regulations. ordinances and rules of die state, municipaliy, territory or political subdivision where the work its performed, or required by any other duly cmasmund public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fen Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and requirements Author ratan All parties to this contract agree that the representatives are, In fact bona fide and possess full and complete authority to bind said pares LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set ford, and any supplementary or additional terms and condmons annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller we objected to and hereby rejected. 2 DELIVERY PLEASE ADVISE PURCHASING AGENT immedmtely if you carrot make complete shipment to nerve an your promised delivery date as noted Time its of the essence Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers Including, without limitation, acceptance of partial late deliveries, shall operate as a waver of this provision In the evem of any delay, the Purchaser shall have, m addition tootherlegal and equitable remedies, tie ophon 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 reasonably foreseeable which are beyond Its reasonable control and without its fault of negligence, such acts of God, as of civil or military authorities, governmental prionties, tires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time wham the Seller first received knowledge thereof in the avant of my such delay, the date of delivery shall be extended for the period equal to the onto actually lost by reason of the delay 3 WARRANTY The Sella warrants that all goods. articles, materials and work covered b1 this order will conform with applicable drawings, Specifications, samples am1or other descriptions giver, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted smndards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffar or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults ansing "thin one (1) year or within such longer period of time as may be presented b-y law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warrmty, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing mummies ies or guarantees, but such Lability shall in no event met ode loss of profits or loss of was, 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 winner change order. 5 CHANGES W COMMERCIAL TERMS The Purchaser may make my charges to the terms. other than legal name. including additions to or deletions from the quantities onguully ordered in the specifications or drawings, by verbal or wntim change order. If my such charge affeas the amount due or the time of performmca hereunder, an equitable adjustment shall be made 6 TERMINATIONS The Purchaser may at my time by wmnen charge order, terminate this agreement as to my or all portions of the goods then not Shipped subject to my equitable adjustment between the parties as in any work or materials then in progress provided that the Purchases shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods mNor work, for madental or consequential damages. and dhat an such adjustment be made in favor of the Seller with respect to airy goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Sella of airy of their obligations m to my goods delivered hereunder 7 CLAIMS FOR ADJUSTMENT Any claim for adjustment must be assened within thirty (30) days from the date the change or termination its ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have beat produced, sold, delivered and furnished in shier compliance with all applicable laws and regulations to which the goods are subject. The Seller shall exame and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character me hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchases harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law 9 ASSIGNMENT Neither perry shall assign, transfer, or convey this order, or my momes due or to become due hereunder without the prior written consent of the other perry 10. TITLE The Seller warrants full, clew and trumsmeted title to the Purchaser for all equipment, materials, and Items famished in performance of this agreemenL free and clear of my and all hms, restnctions, reservations. WoUnty interest encumbrances and c1.. of others The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any name resulting from the performance of such work This release shall apply ever in the event of fault of negligence of the party released and shall extend to the directors, offerers and employees of such parry The Sellers contractual obligations, including wananty, shall not be deemed to be reduced, many way, because such work is performed or caused to be performed by the Purchaser 14 PATENTS Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save huntress the Purchaser from my and all claims for infringement by reason of the use of such patented design. device. material or process in correction with the contact, and shall indemnify the Purchaser for any cost, 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 the work. In case said equipment, or any pan thereof or the Intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at Its own expense and at Its option, ether procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noniafringing equipment or modify it so it becomes noninfringfng. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or busmen, this order may forthwith be canceled by the Purchaser without liability 16 GOVERNING LAW The definitions of terms used or the interpretation of the agreement and the rights of al I parties hereunder shall be conSttued under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller its to perform work hereunder, including the services of Sellers Represtetanve(s), on the premises of others. 17 SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Purchaser When materials and equipment are fumuhed by others for installation or erection by the Seller, the Seller shall receive, unload. more and handle more at the site and become responsible therefor as though such materials and/or equipment were being fumished by the Seller under the order 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatonal disease benefits, to its employees employed 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 done. The Seller shall also carry comprehensive general liability including, but not limited in. contractual and automobile public Lability insurance with bodily injury and death limits of at least $300,000 for my one person, S500,000 for my one accident and property damage limit per accident of i400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance Before my of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser with a cemficate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and Insurance have been provided Such certificates shall specify, the dale when such compensation and insurance expires The Sailer agrees that such compensation and insurance shall be maintained until after the enure work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the enure 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 purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, loses, 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 default on the pan of the Seller, airy of his contrmors, 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 my ame on account or by reason of my act, action, neglect, ontisvon or default of the Seller of my of his contractors or my of its or their officers, agora or employees m aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, atorheys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchases or my of its or their officers, agents or employees in such sums or other proceedings, and In case judgment err other Iron 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, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and has contractors shall take all safety precamons, fumtsh and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein Revised (IM010