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HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - PURCHASE ORDER - 9120168City of art Collins Date: 01/09/2012 PURCHASE ORDER Vendor: 109881 DICKINSON ELECTRIC 1175E2NDST LOVELAND Colorado 80537-5803 PO Number Page 9120168 'eft This number must appear on all invoices, packing slips and labels. Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/09/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to cover the cost of miscellaneous electrical work for fiscal year 2012 per Bid #7309. All work shall be ordered by City Facilities department only. All completed work must be accompanied by an invoice or job ticket including contact person and site information with an explanation of work attached. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 HVAC 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 1 LOT LS 1 LOT LS Total Invoice Address: 70,000.00 5,000.00 $75,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-W 502. Federal Excise Tax Exemption Certificate of Registry 94-6 01597 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the terms and conditions hereof. failure ar delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Slimes 1973, Chapter 39-26. 114 (a), ...raise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whim shipped or due to defects of any of the wavamies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance humfor any of its rights or remedies as to any such gmds, regardless instructions from the City of Fort Collins of when shipped received or accepted, as to any prior or .subsequent default hereunder. not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services ar cquipmcat in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the parr of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acoal economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hercal er Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO R0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay (might 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 not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When, manufacturers have distributing points in various parts of the country, shipment is Ifthe 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 destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be Pefomedd 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 sole cost all necessary permits, certificates and licerecs rcquimd by all applicable laws, regulations, ordinances and odes of the state. municipality, territory or political subdivision when the work is performed, or required by any other duly constituted public authority having jurisdiction over the work Of a.dor. Scllcr further agrees to hold the City of Fort 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. Authorisation. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth a" any supplementary or additional term and conditions annexed herein or incorporated herein by reference. Any additional or different icon and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive not your premised delivery date as noted. Time is of the essence. Delivery and perfomanec mint be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, accc umcc of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Howcvcr. 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 its fault of negligence. such acts of Gad, acts of civil or military authorities. govemmcnial priorities, fires, strikes mood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Set let first received knowledge thereof In the event of any such delay, the date of dcl ivery shall be extended for the penind equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gmds, articles, materials and work covered by this order will conform with applicable dmsvings, specifications, samples and/or other ecseripmions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may surfer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or svimhin such longer period of time as may be prescribed by Inca or by the terms of nny applicable warranty pmvided by the Sellerafter the date of acceptance of the goods furnished hereunder (ncccptanee not to he numasenably 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 ofaay claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofaay of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 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 quantities originally ordered in the specifications or drawings, by verbal or written change order. If any .such chance affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pre,mc'pmvidcd 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 that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered Immander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys firm the date the change or termination is ordered. A. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hemunda shall have been produced, mid, 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 as may be required to effect 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 Purchascr hornless from all costs cad damages suffered by the Purchaser as a result of the Scllcrs 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 written consent of the other party. 10. TITLE. The Seller warrants full, clear and unmrricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, resenmtions, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfommncc of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, nfBcc. and employees Of such parry. The Seller's contractual obligations, including warranty, 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. Whenever the Seller is required to use any design, device, material or process covered by Icttcr, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchascr from any and all claims for infringement 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 infringement at any time during the prosecution at after the completion of the work. In case said equipment. or any pan thereof or the intended use of the mock, is in such suit held to constitute infringement and the use of said equipment Or part is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify use it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a rccciver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement noel the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Rcprcmnta ue(s), on the premises ofothcrs. 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 any accident. destruction or injury to the work and/or materials before Seller's final completion and ,acceptance, complete the work at Scller's own expense and to the satisfaction of the Purchascr. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE, The Seller shall. at his own expense, provide for the payment of workers compensation. including occupational 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 to, contractual and automobile public liability insurance with bodily injury and death limits of at least 53mi000 far any one person. S500.010 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his connactnrs employees shall do any work upon the Premises ofothcrs, the Seller .shall furnish the Purchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecoifcates shall specify the date when such compensation and insurance expires. The Seller agrees 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 or injury of any kind or nature whatsmver 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 any ar all of the Purchasers offffcers, agents and employees from and against any and all claims, losses. damages, charges or expenses, is 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, any of his connmcton. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be braaght against the Purchaser, or its officers, agents or employees at any time on account or by mason of any act. action, neglect, omission or default of the Seller of any of his con", cos or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assnmc the defense thereof and 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 officers. agents or cmployccs in such suits or other proceedings, and in cam 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. the Seller will at once use the same to be dissolved and discharged by giving bond or othcmvise. The Seller and his contactors shall take all safely precautions, furnish and install all guard necessary for the prevention of accidents, comply with all Incas and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant themtn. Revised 0312010