HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - PURCHASE ORDER - 9142888Fort Collins
Date: 0512112014
Vendor: 109881
DICKINSON ELECTRIC
1175 E 2ND ST
LOVELAND CO 80537-5803
PURCHASE ORDER
PO Number Page
9142888 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/20/2014 Buyer: DOUG CLAPP
Note: annual Electrical Contract # 7337
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Bike Library at 220 Howes
Electrical Work
ref. invoice # 17272 dated 4/15/14
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
1 LOT LS
4,241.73
iMAI
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. Ely statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is
98a14502, Pedeml Excise Tax Exemption Carificam of Registry 84-6000587 is Mistrial with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure to nee specifications, either when sapped or due to defects of
damage in transit, may Is, trimmed to you for credit and are not to be replaced except upon receipt of wnnen
insurance, from the City of Fon Collins.
Inspection. GOODS ate subject M the City of Fon Collins inspection on aival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of Fort Collins. However, it 6 to be understood that FINAL
ACCEPTANCE is dependent upon completion ofail applicable rat fired inspection peocNme,
Freight Tams. Shipments most be F.O.D., City of run Collins, 700 Woad SL, Fort Collins, CO 80522, unless
otherwise specified m this order. If parrissica is given m prepay freight and mange separately the original freight
bill must accompany invoice. Additional chances for Burkina will not be acepted.
Shipment Distance. Where manufacturers have dismibuting points in varions pans of the country, shipment is
expected fmm the nearest dktrithmion prim to dectimaian, and excess freight will be deducted [am Invoice when
shipments are made front greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permim, calculates and licenses required by all
applicable laws, regulations, ordinances and mles of the sear, municipality, minarry or political subdivision where
the work is performed, or required by any other duly constimtad public authority having jurisdiction over the work
Of vends, Seller panic, agrees to hold the City of Fm Collins brimless from and against all liability and loss
incurred by them by ramn of an asserted or establahei violation of any such laws, regulations, ordinances, roles
and requirement,
Alift,nzntion. All panics m this onnact agree Ihnt [lie representatives are, in fact, bona fide and possess But and
complete authority to bind said panics.
LIMITATION OF TERMS. '[his Purchase Order expready limits acceptance to the tent and conditions stated
herein set fonll and any mpldane:u:ary or additional fare, and conditions annexed hncto or incorporated herein by
reference. Any additional or dul'acid demos and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AG17NT innowdiamly ifyou cannot make complete shipment to arrive on your
promised delivery dntans rated. Time is of the asmce. Delivery and perfamance no be effected within the time
stated on the purchase order and the documents attached heraa. No aces of the Purchasers including, without
Initiation, acceptance of pared late deliveries, shall operate as a waiver of this pmv¢ion. In the event of any delay,
the Purchaser shall have, in addition to other Iegal and equitable remedies, the aptiaa of placing this order elsewhere
and holding the Seller liable for damages. Iloweva, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably fresaable which am fiat its reasonable control and without its fault ofnegligaree,
such was of God, acts ofcivil or military authorities, gm'emmearml priorities, fires, strikes, flood, epidemics, wars or
not provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time whim the Seller first received knowledge thereof In the event of any such delay, the die of delivery shall W
extended for the period equal to the time wholly loll by reason ofthe defy.
3. WARRANTY.
The Seller ... that all good, articles, malabls and work covered by this oaks will conform with applicable
drawings, maificaions, samples maNm other descriptions given, will b, fit fir the purposes intended, and
performed with the highest degree of cam and competence in accordance with acepted 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 we incur on named of the Sellers beach of xmranly. The Sella shall replace, repair M make
good, wiNom cost to the paMb T, any defecn or faults arising within one (I) year in within such longer period of
time as may be prescribml by law or by the terms ofany applicable wam rnry aver the by the Sella avthe date of
.art. of fe grad famished hereunder (acceptance not to br unreasonably delayN), resulting from imperfect
or defective work alone or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall col
constitute a waiver of any claim unda this warranty. Except as otherwise Recorded in this purchase order, the Sellers
liability bareunda shall extend to all damages proximately caused by the breach of my of the foregoing wanamies
or grammars, bur such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY
OR MERCHANTABILD Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL. T ERMS.
The Purchaser may make changes to legal reins by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes an Ibe teens, other than legal hems, including additions to or deletions from
Ibe qua bc,, originally ordered in the speeificiimas or dmwings, by verbal Or writer change aide,, If any such
change aft'etime
ct the annnna Jac or the me ofperformance hereunder, as equitable adjustment shall be mode.
6. 1 ERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
grads then not sl ippM, subject In any equitable udjusmacm between the ponies as Ilo any weak or mmend, then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits an he uncompleted
,,,..a of rbe good mul work, fbr inddimLat or consequential damages, and that no such adjustment be made in
favor of the Seller with respect m any goods which arc the Sellers iandard slack. No such nomination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereander.
]. CLAIMS FOR AMUST MENT.
Any claim for adjustment must Ix asserted within thirty (30) days fmm the date the change or teminatim is
onaboa.
8. COMPLIANCE W ITI I LAW.
The Seller warrants that all goods sold heremder shall have been produced, said, delivered and famished in finer
compliance with all applicable laws and regulations Ira which the good are subject. The Seller shall exame and
deliver such dacummts ss may be enquired m effect m evidence compliance. All laws and regulations required ao be
incorporated in agmemens of this eharaaer are hereby incorporated herein by Nis reference. The Sella agrees to
indemnify and hold Nc Purchaser heranless been all costs and damages suffad by the Purchaser as a resWr of she
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shill assign, transfer, or comcy this order, or any monies due or to become due hereunder without the
poor wnnen consent of the other pony.
I O. TITLE.
The Seller warrants full, clear and Mitterrand title to the purchaser for all equipment, materials, and items furnished
in Performance of this agreement, free and dent or any and all liens, resaietions, reservations, secmiry, interest
encumbrances and claims of others.
11. NONWAIVER.
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 heein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the ware ties or obligalimas of this purchase maker and shall not be droned a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its news or remedies as to my such gtwds, mgadleet
of when shipped, received or accepted, as to any prior or subsequent default hereunder, Our sbull any purpaned
am[ modification or mcission of this purchase order by she Purchaser operate as a waver of any of the mans
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Senor and the I'urchsser recognize Out in actual ec laic practice, vicarial resulting down antitrust
violations are in but home by the Purchaserto . Therefore afar good cause and as coneddemlum for executing ds
pumhase arder, the Seller hereby auiges to the Purchaser any and WI claims it may now have or hereafter
acquired under federal or sum antitrust laws for such overcharges relating m the particular goads or srvic s
purchased or.acquired by the Purchaser pursaaa, to this pncb+ • coder.
13. PURCI IASF.RS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Push r doests the Sella to correct nonconforming or detective good by a date to be, agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser
may cams, the work to he performed by the most expeditious means available to il, and the Seller shall pay all
costs wmedaml with such work.
The Seller shall rcicsse the Purchaser and its contractors crony tier from all liability and claims of any nature
resulting from the peelammce of such work.
This release shall apply even in the event of fault of negligence of the pray released and shall rxaend m the
director, officers and employees of such party.
The Sellers comaacwal obligations, including warranty. shall not be deemed to be reduced, in any way, because
such work is perfumed or caused to be performed by the Purchaser.
14. PA TENT S.
Whenever the Seller is matured to use any design, device, material or process covered by letter, Rmenl, trademark
or copyright, the Sel let shell indemnify and save harmless (lie Purchaser from any and all claims for infringement
by reason of the use of xrich E ntcnard design, device, material or process in connection with the contract, and
shall indemnify the Porchma for any cos, expanse or damage which it may be obliged an pay by reason cf such
infringement al any time during the Locomotion or alter the completion of the work. In case said equipment, or
any pan theorist or the intended use ofthe good, is in such suit held to constitute infringement and Ne use of
said equipment or pan is enjoined, the Seller shall, as its own expense and at it Option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
nminfringing equipment or quality it so it becomes naninGtnging.
15. INSOLVENCY.
If the Seller shall become insolvent or benkrupa, make an assiga runt for the benefit of creditors, appmlm a
receiver or ounce for any of the Sellers preplan or business, this coda may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftemss used or the intaprelation of the agreement and the right df all panics hem on cr shall be
onsuued under and governed by the laws orals, State ofColari USA.
The following Additional Conditions apply only in cases where the Seller is to peobrm work hemunda,
including the services ofShcas Reprtsentatic-Nd, oa the pmnise, ofotheer
❑. SELLERS RESPONSIBI CITY.
The Seller shall carry on said work of Sellers own risk until Ne same is rally completed and accepted, and shall,
in as, of any accident, destruction or injury to she work and/or materials before Seller's fiml completion and
ecccptmce. complete the work at Seller's own expense and to the salisfer an of the Purchaser. When materials
and equipment out famished by others for installation or creation by the Seller, the Seller shall receive, unload,
store and handle same a, the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under he order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benef ib, n it employees employed on or in cunnecorm with the walk emared by this purchase stile,,
anupor in Their dependents in asawdnnee with the laws of the state in which the work is to be dune. The Seller
shall also carry comprehensive general liability including, but not limited m, contractual and automobile public
liability it with Noddy hill my and dead limits of nl least $300000 for any out person, 55W,WU Ibe any
com accidentandpropany damage limit per occident of $400,000, The Seller shall likewise require his
contractors, it any, to provide far such compensation and insurance. Before any of the Sellers or his connectors
employees Gall in any work upon the premises ofothers, the Seller shall fmish the Purchaser with a eertificam
that arch emnEmnsnffn all imamate have been provided. Such virromeates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and immance expires 'I he Seller agrees that such compensation and insurance shall be maintained until after the
entire work is camplemd and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to person or Repair caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold hamless the Purchaser and any
r all of the Purcham officers, agents and employees from and against my and all claims, lasso, damages,
clarga at expenses, whether direct or indima, and whether to person or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the Pon of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agent or employees. In case any suit or other
proceedings shall M brought against the Pumhaw, or it officers, agent or employees at any time on account or
by maven of any act, action, neglect, omission or default of the Seller of my of his conuace,m or any of its or
Ne'r officers, agents or employees as of said de Seller badly moves to assume Ne defiance thereof mat to
defend the same at the Sellers own expense, to pay tiny and all costs, charges, attorneys fees and other experaws,
any and all judgments that may the, inemrsd by or obtained against the Purchaser or my of its or their officers,
agents or employees in such inner or other promedinp, and in case judgment or other lien be placed upon or
obtained against far property of she Purchaser, u said parties in or as a read, of such suits or other pmceedinp,
the Seller will at once muse the same to be dissolved and disclargN by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions. Radish and install all guards revision, for the prevention of
eiders, comply with all laws and regulations with regant to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued paarsaaanl thereto.
Revised 03R010