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HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - PURCHASE ORDER - 9120168 (2)City of Flirt Collins Date: 03119/2012 Vendor: 109881 DICKINSON ELECTRIC 1175E2NDST LOVELAND Colorado 80537-5803 PURCHASE ORDER PO Number Page 91201.68 1-of2 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 I Blanket order to 1 LOT LS 70,000.00 cover the cost of miscellaneous electrical work for fiscal year 2012 per Bid #7337. 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. Bid award changed to 7337, 3-19-12, jrh' 2 HVAC 1 LOT LS Total $75,000.00 City of Fort Collins Director of Purchasing and Risk Management Invoice Address: This order is not valid over $5000 unlesssigned by. James. B..O'Neil 1 II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcmis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. - Tax exemptions. By statute the City of Fort Collins is exempt from state and Inca] taxes. Our Exemption Number is 11. NONWAIVER. 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 delav to Internal Revenue, Denver. Colorado(Ref. Colorado Revised Solutes 1973. Chapter 39-26. 114 (a). exercise 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 fin goods hereunder or approval otthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to mad 9rccifications. either when shipped Or due In defects of any of the aaarm secs or obligations of this purchase order and shall nor he accused a waiver of anv right Of the damage in transit. may be returned to you' for credit and are not to be replaced except upon receipt Of written purchaser In Insist upon sold pCrforrrlanee hercof err any Of Its Tights or remedies as to an'vsuch ponds. regardless insimctions from the City Of Fen Collins. of When shipped. received at accepted, as to any prior or subsequent default hereunder, nor shall anv purported oral mod ifiearinn or rescissinn of this purchase Order by the Purchaser operate as a waiver Of any of the terms I nspcction. GOODS arc subject 10 the City of End Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, seniors or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nothodacd payment on the pan of the City of Fort Collins. However, it is to be undctnend that FINAL Seller and the Purchaser recognize that in actual economic practice. Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proecdnres. violations arc in fact borne by the Purchaser. Theretofore, for gen l cause and As consideration for csoci ing this purchase order, the Seller hereby assigns to the Purchaser Any And all claims it may now have or hereafter Freight Tcros. Shipments must be F.O.B., City of Fan Collins. 700 Wood St. Fort Collins, CO 90522. unless acquired under federal or state Antitnst laws for such overcharges relating to the pa111CUIrT goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the Original freight purchased or acgnired by the Purchaser pursuant to Ihis purchase order, bill must Accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconfooring or defective goods by a date fo 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 thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the most expeditions means available in it, and the Seller shall pay all costs Associated with such work. Permits. Seller shall procure at sellers sole cat all necessary permits. certificates and licenses required by all Applicable laws, regulations. ordinances and rules Of the state, municipality, territory or political subdivision where the work is perforated. or required by any other duly constituted public authority having jurisdiction Over the work of vendor. Seiler further agrees to hold the City of Fen Collins harmless from and against all liability And Toss incurred by them by reason of ern asserted or established violation Of any such laws. regulations. ordinances, rules and requirements. Aulhorication. All panics in this conned agree that the representatives are, in fad, 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 ad fOnh and any supplementary or additional firms and conditions annexed hereto or incorporated herein by refinance. 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 active 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 hereto. No acts of the Pumhasux including, Without limitation, acceptance of partial Iatc deliveries, shall operate as a waiver ofthis provision: lathe event of any delay. the Purchaser shall hare, in Addition to other legal and equitable ,cmd ics, the option ofplacing this order clscwhcre and holding the Scllcr liable for damages. Hmacver, the Scllcr shall not be liable for damages As a result of delays due to cause not reasonably foreseeable which ore beyond its reasonable control and without its fault of negligence, such acts of God, act ofciwil m military authorities, governmental priorities, fires, strikes, flood, epidemics, cams or riots provided that notice of the conditions causing such delay is given to the Purchascr 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 Seller wamnts 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 harmless from any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of -am. nry. The Sellet shall replace repair or make good, without cost in the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by hw or by the terms of any applicable warmnty provided by the Seller After the date of acceptance of the good furnished 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 Many claim under this warranty. Except As otherwise provided in this purchase aide,, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of env of the foregoing warranties or guanntcu, but such liability shall in no event include loss nfprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal terms, including additions in or deletions from the quantities originally ordered in the specifications or drawing, by verbal or written change order. If any such change aficcis the amrnmt due or the time ofperfomtance 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 portion., of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for ontieipmed profits an the uncompleted portion ofthc goods And/or Work, for incidental or consequential damages, and that An such adjustment be made in favor of the Seller with respect to any goody Which are the Sellers standard stock. Nn such Icrminalio t shot) relieve the Purchascr or the Seller ofany oftheirabligxtiOu as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Sell. warrants that all good sold herennder 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 to effect orexidence compliance. All laws and regulations required to be incorporated in agreements of this chancier are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchascr harness from all cost and damages suffered by the Purchaser as a result of the Sellers faihtrc to comply With such law. 9. ASSIGNMENT. Neither party shall assign. Transfer, or convey this order, or any monies due or to became due hereunder Without the prior written consent of the other parry. 10. T'ITLE. The Sellcrwamnis hell, clear and unrestricted title to the Purchase, for all equipment, materials. and items furnished in performance of this ngreemcm. free and clear of any and all liens. restrictions, rescra•atimts..seeurity interest cncumbmnccs and claims of others. The Seller shall release the Purchascr and its contractors of any tic, from all liability and claims of any nature resulting from the performance ofsech work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such party. The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way. because such work is performed or caused to he perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process Covered by let er, patent, hademark or copyright, the Sella shall indemnify and save hemleav the Purchases 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 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. cithdr procure for the Purchascr the right to continue using said equipment or parts, replace the same with substantially equal but mnninfringing equipment, of modify use it becomes nnninRinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make ern assignment for the benefit of creditors, appoint a reecivcr or trustee for any of the Sellers property of business. this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftrnns used or the interpretation of the agreement And the rights ofall panics hereunder shall be construed under and governed by'the laws ofthc State ofColomdo. USA. ' The following Additional Conditions apply only in uses where the Seller is to perform work hereunder, including the ser'iees of Scllcrs Represutative(s). on the premises of others. 17. SELLERS RESPONSIBILITY.. The Seller shell carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchascr. When materials and equipment arc furnished by others for installation or CTOCIMA 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. , Ill. INSURANCE . The Seller shall, at his owm expense, provide for the payment ofwo,kers compensation. including occupational disease benefits, to its employees employed on or in contraction 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 compreM1caswe general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of nt ]cast S300.MO for any one person. S500,I00 for anv one accident and properry damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to provide for melt compensation and Insurance. Before any of the Sellers or his contractors employees shall do any work upon the porouses anthers, the SCllcr shall furnish the Purchaser with a certificate that such compensation and insnrancc have bun provided. Such ccnifeatcs 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 Seller agrees flintsuch compensation and insurance shall be maintained until aficr 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 whatsocvc, to persons or property caused by or resulting from the execution of the work provided for in Ili is purchase onler or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and Any or all of the Purchasers officers, agents and employees from and against env and all claims, losses, 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 part of the Seller. any of his conhaoOTS, or any of the Sellers or contractors officers, agent or employees. In use any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time an 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 their Officers, agents or employees as Aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same m the Sailers men expense, to pay any and all costs, charges, Attorneys Res and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or cmplovets in such suit or other proceedings, and in use judgan"I or other lien be placed upon or obtained against the property ofthc Purchaser. or .said paniu In or a5 a result of NCh stilt or other prrdcedingS. the Scllcr will at once eau c the same to be dissolved and disehmgcd by giving bond or mherwise. The Shcct and his contractors shall talc all safety precautions, furnish 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 personal thereon. Revised 03/2010