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HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - PURCHASE ORDER - 3212085City Of PURCHASE ORDER PO Number Page 3212085 1 ' of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/11/2012 Vendor: 109881 Ship To: ELECTRIC UTILITIES DICKINSON ELECTRIC CITY OF FORT COLLINS 1175 E 2ND ST 700 WOOD ST LOVELAND Colorado 80537-5803 FORT COLLINS Colorado 80521 Delivery Date: 01/11/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 2012 Electric Services for 1 LOT LS 150,000.00 Light and Power U 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 Total Invoice Address: $150,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By scrota the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Exeisc Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Gads Rejected. GOODS REJECTED due to failure to men .specifications, either when shipped or due to defects of damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt of writicn instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of For Collins inspection on arival. IL NONWAIVER. Failure of the Purchaser to insist upon strict performance of the term and conditions hereof, failure or delay to 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 gran % hereunder or approval of the design, shall not release the Seller of any of the warnntics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon stria performance hcrcof many 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 purported oral modification or rescission of this purchase order by the Purchaser opcmte as a waiver of any of the it., hcrcof, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA I MS. authorized payment on the pan of the City of Fort Collins. However it is to be understood that FINAL Seller and the Purchaser recognize that in aemal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tenet Shipments must be F.O.H., City of Fort Collins, 700 Wood St., Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges retailing 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 Purchnser 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 direct, the Seller to correct nommnfomming 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 front Invoice when Purchaser and the Seller, and the Seller therenOcr indicates its inability or unwillingness 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 sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, territory or political sulnlivixion where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of corder. Seller 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, oninances, mles and requirements. Authorization. All panics to this contra agree that the representatives arc, in fact, bona fide and possess hell and complete authority to bind slid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated therein set forth and any supplementary or additional term and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by sellerare objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery fine as noted. Time is of the essence. Delivery and performancc must be effected within the time stated on the purchase order and the documen6 reached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany 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 are beyond its reasonable control and without its fault of negligence, such acts of God. acts of civil or military aulhoritics. gm'cmmental priori tics, fires, strikes, food, epidemics, swats or riots provided that notice of the conditions causing such delay is given to the Purchrser 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 the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Scllcr warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions 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 hornless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Scller shall replace, repair or 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 ofany applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a,wive, ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of anv of the foregoing aromatics 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 wrince 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 nc, quantities originally ordered in the spe6ficaions or drawings, by verbal or wtown change order. If any Such change affects the amount due or the time ofperformance hcrcunder. 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 pmgre„ provided that the Purchaser shall net 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 ndjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mennu onion shall relieve the Purchaser or the Seller ofany 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. 8. COMPLIANCE WITH LAW. The Seller warrants that all goorls sold hcrcunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods 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 Purchaser harmless (ones 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 written consent ofthe other party. 10. TITLE. The Seller warants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, rc.Stee m mS, security interest encumbmnecs end claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers, and employees of such parry. The Sellers contractual obligations, including wamnty, shall not be decreed to be reduced, in any way, because such work is performed or caused to be performed by the Pn¢ha.wr. 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 hamdess the Purchaser 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 or after the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or pant replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nooinfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment 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 liability. 16. GOVERNING LAW. The definitions oftemw used or the interpretation ofthe agreement and the rights ofall parties hcrcunder shall be consmled under and gosrmcd by the Imes ofthe Statc of Colondo, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hcrcunder, including the services of Scllcrs Representative(.,), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Scllcr's own risk until the time 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 Scllcrs own expert a and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, stare 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of wodzrs compensation, including occupational disease benefits. to its employees employed on of in connection with the work covered by this purchase order. andlor to their dependents in accordance with the laws of the ,rate 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 bMily injury and death limits of at Icaat S306M10 for ray one person. S500.006 far 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 rompers Lion and insurance. Before any of the Sellers or his contactors employees shall do any work upon the prenmises ofolhcrs, the Scllcr shall furnish the Purchaser 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 certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensnlion,and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcbv assumes the entire responsibility 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 execution ofthe work pmvtded for in this purchase order or in connection herewith. The Scllcr will indenmify and hold harmless the Purchaser and any or all of the Purchasers oficers, agents 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 Pumhawr may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser or its effects, agents or employees at any time on account or by reason ofany act, action, neglect, omission or default of the Seller affray of his eontranots or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellets own expense, to pay any and all costs, charges, attomeys fees and other cxpeases, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offcem. ,agents 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 Pumhascr, or said panics 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 his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of I970 and all mles and regulations issued pursuant thereto. Revised Ol/2010