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HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - PURCHASE ORDER - 9111525PURCHASE. ORDER PO Number Page City Of11525 I of z �f' Collins( This number must appear {� V "'J on all invoices, packing slips and labels. Date: 03/14/2011 Vendor: 109881 DICKINSON ELECTRIC 1175 E 2ND ST LOVELAND Colorado 80537-5803 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/14/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Install City supplied lighting 1 LOT LS 4,250.00 Remington St. Parking Garage Per quote from Ryan B - Dickinson Electric. (� C3. O✓le:aQ� c./ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 $4 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 I. COMMERCIAL DETAILS. Tax exemptions fly stamtc the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 98-N502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS RUECTED title to failure to melt specifications, either when shipped Or due to defects of damage in transit, may be reined to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Pon Collins inspection on arrival. 11. NONWAIVE:R. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided heroin or by law, failure to promptly unify 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 any of the atics or obligations of this purchase order and shall not be deemed If waiver of any right of the purchaser to insist upon strict performrnec hereof or tiny of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any patrolled oral mis ificition or rescission of this purchase enter by the Purchaser operate is a waiver of any of the cams hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to Ibis order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fall Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in armal economic practice, overcharges resulting from irlimer ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as eonnideratilm for cmcutmg this purchase order, the Seller hereby assigns to the Purchnscr any and all claims it may now have or hereafter Freight Terms Shipments most be F.O.R., City of Fen Collins. 700 Wood St., For Collins, CO 90522. unless acquired under federal or state magma Imes for such ovcrclm rges totaling In the panicolar goods or .cervices otherwise specified on this order. If pcmissien 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 tribe 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 If date to be agreed open by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchnscr and the Scllcr, and the Seller thereafter indicates its mobility or iinwillingncss to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses rcquircd by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation orally such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set tomb and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby 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 effected within the time stated on the purchase order and the documents attached heron. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate ns a waiver of this provision. In I]to event ninny delay, the Purchaser shall have. in addition to other legal and equitable remedies. the option ofplacing 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 arc beyond its reasonable control and without it, fault ofnegligence, such acts of God, ich ofeivil or militaryauthorities, governmental priorities, fires, strikes flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purehoseneithin 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 the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Seller warrants that all good. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchawr harmless from any loss, damage or expense which the Purchaser may Rifler or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair car make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms orally applicable womanly provided by the Seller after the date of acceptance of the good furnished hereunder (acccplanee not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally claim under this wamnty. Except as m anise provided in this purchase Order, the Sellers liability [meander shall extend to all damages prosimztely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of f rofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI [ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written 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 quantilicw originally ordered in the specifications or drawings, by verbal or written change order. II any such change affects the amount due or the time of pertomaram hercander, an equitable xdjusmwnt shall be made. 6. TERMFNATIONS. The Purchaser may at any time by ,written change order, teminate this agreement as to any or all portion of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted portion of the goods andlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods .which arc the Sellers standard stock. No such emanation shall reline the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required in effect or evidence compliance. All lases and regulations rcquircd 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 all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE, The Seller wamounts full, clear and unrestricted title to the Purchaser for all equipment. materials, and ileum fern ished in performance of this agreement. free and clear of any and all liens, restriction,, rcservilionc security interest encumbrances and claims of uth ors. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of ony nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend In the directors, officers and employees ofsuch party. The Scllcr's contractual obligations, including warm, nty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be rerfnmrel by the purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark Or copyright, the Seller shall indemnify and save hnraless the Purchnscr from any and all claims for infringenent 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 ofsuch infringement at any time during the prosecution or nftcr the completion of the work. In case said cquipmcnk or any pan thereof or the intended use of the goods, is in such suit hold to constitute infringcmcal and the use of said equipment or pan is enjoined, the Seller shall, it its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it bmomcs noninfringing. 15. INSOLVENCY. If the Seller shall been mc insolvent or banknlpt, nmke an asxignmcnt 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 Purchaser without Iiabilim. 16. GOVERNING LAW. The definitions oftemrs used or the interpretation of the agreement and the rights Oran parties hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of RCBCrs Repo sentnike(s), on the prcmiscsofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work cat Seller's own risk until the same is fully eomplctcd and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete flit work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive. unload, ,lore and handle some at the site and become responsible therefor as though such materials and/or equipment score being famished by the Seller under the order. I S. INSURANCE:, The Seller shill, at his own expense, provide for the payment of workers compensation. including occupational disease berefitx, 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 to. contractual and automobile public liability insurnna With bodily injury and dun[ limits of o lead S300.000 for :aly one person. S500,000 for any one accident and property damage limit per accident of S400,000. The SCller shall likewise require his eonmctors, if any, to provide for such compensation and insurance. Before any of the Scilers or his contractors employees shall do any .work risen the premises ofothcrs, the Seller shall famish the Purchaser with a cenificae 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 life date when such compensation and insurance expires. The Scllcr agrees that such courpcnsmion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rosaries the entire responsihility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the escenlion of the work provided for in this purchase orderor in connection herewith. The Seller will indemnify and hold hamlcc the Purehascr and any or ill of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whdher to persons or property to which the Pi rchnser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors effects, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or tlicir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof rand to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oficem, agents or employees in such suits or other proceedings, and in case judgment or other her be placed upon or obtained against the pmperty of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors ,hall fake ill safety recnutions. furnish and install all imerds necessary for the prevention of accidents, comply with all lows and regulations with regard to safety including, but without limitation, the Occupational Safety and 1lealth Act of 1970 and all ndcs and regulations issued pursuant thereto. Revised 0312010