Loading...
HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - PURCHASE ORDER - 9150220Fort Collins Date: 01/13/2015 Vendor: 109881 DICKINSON ELECTRIC 1175 E 2ND ST LOVELAND CO 80537-5803 PURCHASE ORDER PO Number Page 9150220 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Blanket Order Misc. - Electrical to cover the cost of miscellaneous electrical work for fiscal year 2015 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. 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 70,000.00 Total $70,000.00 Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By samre the City of Fod Collins is exempt tram state and local axes. Dec Exemption Number is I L NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-600587 is registered win the Collector of Failure of the Purchaser to insist upon strict performance of the temfs and conditions hereof, failure or delay to li temal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to prompdy notify the Seller in be event of a breach, the acceptance afar payment for goods hereunder or approval ofdre design, shall not release be Seller of Goods Rejected- GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the anomalies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reWmed to you for credit and are not to be replaced except upon receipt of written Purchaser to must upon inner performance hereofor any of its rights or remedies m to any such goods, regardless nametions from the City of Fort Collins. 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 operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fill Collins inspection on anlval. hereof. Ford Acceptance. Receipt of the merchandise, services or equipment in ovponse to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. b auorizymnt ed paeon the part of the City of Fort Collins. However, it is to be pndentood thatFINAL Seller and the Purchaser recognize That in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon compleriou of all applicable required inspection procedures. violations are in fact home 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 Tenths. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or since antitrust laws for such overcharges relating in the particular goods or services otherwise specified on this order. Upermisslon is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accomoanv invoice Additional chances for random will not be prepared. Shipment Distance, Where manufacturers have distributing points in varms parts of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. piourns. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and Ties of the sale, 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 moher agrees to hold the City of Port Collins harmless farm and against all liability and loss formed by them by reof an asserted or esablisheJ violation of any such laws, regulations, ordinances, rules nason requirements. Authorization. All padres to this contract agree that the mpreaenatives are, in fact, been fide and possess full and complete authority ro bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth 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 r jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date rs noted. Time is ofthe execute. Delivery and performance must be effected within the time staled on the purchase order and the documents ansched hereto. No acts of the Purchasers including without limitation, acceptance of padial late deliveries, shall operate as a waiver of this pmvision.ln the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this omen elsewhere and bolding 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 authorities, governmental Implies, fires, strikes, Rood, epidemics, wars or riots provided shot notice of the conditions causing such delay is given to the Purchaser 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by This order will conform wli applicable drawings, specifications, samples and/or offer descriptions given, will be fit for The purposes intended, and performed with the highest degree of care and competence in succulence with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Gam any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwarrmty. The Seller shall replace, repair or make good, without cast to The purchaser, any defects or faults arising women one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods furnished hereunder (acceptance not to be unressombly delayed), resulting from imperfect or defective work done or materials f mished by the Seller. Acceptance or use of goods by the Purchase shall not ona ftere a waiver of my 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 any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfils 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 wimen change order. If any such change affects the amount due or the time dporprounce hereunder, an .table adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written clarge order, terminate this agreement as to any or all portions of the goods Then that shipped, subject to any equitable adjustment between the padres m to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofne goods anNer work, for incidental or consequential damages, and bar no such adjustment be made in favor of The Seller with respect to any goods which are be Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any ofbeir obligations as in any goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be recorded within thirty (30) days Gam the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wananrs that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which be goads 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 uncommitted 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 ac a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmm&r, or convey this order, or any monies due or to become due hereunder without be prior written consent ofthe offer party. 10. TITLE. The Seller warrants full, clear and unicameral title to The Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all loss, restrictions, reservations, srcurity interest encumbrances and claims of obers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser drivers the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, in, Purchaser may cause The work to be performed by the most expeditions me= mailable to it, and the Seller shall pay all costs associated with such work 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 party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or eamedto be peranned by the Purchase, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason 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 mason fsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any prat thereof or The intended use of the goods, is in such suit held to comtimte infringement and the use of said equipment or pad is enjoined, the Seller shall, at its awn expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfi eging equipment, or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditor appoim a receiver or trustee for my of the Sellers property or business, this order may fbdhwith be canceled by The Purchaser without liability. 16. GOVERNING LAW. The definitions ofteme, used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be command under and governed by The laws of the Sate ofColoudo, USA. The following Additional Conditions apply only in cases where The Seller e, to perform work hereunder, molude, the services of Sellers Representative(s), an the premises ofobers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellefs own risk until The sume is fully completed and accepted, and shall, in case of any accident, destruction or injury to The work surfer materials before Sellers final completion and acceptance, complete the work at Sellers own expense and To the satisfaction of the Purchaser. When materials and equipment are finished by others for installation or erection by the Seller, the Seller shall receive, unload, score and handle same at the site and become responsible bomber as though such mmerms anNor equipmmt were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his man expense, provide for The payment of workers compensation, including occupational disease benefits, to its employees employed oa or in connection with the work covered by Nis purchase order, and/or to their dep rdsts in accordance with The laws of the state in which be work is to be time. The Seller shall also cony comprehensive general liability including, but not limited to, contractual and automobile public liability imumnce with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for any met accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for sacb reen,encition and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises or others, the Seller shall famish the Purchaser with a cettlficote that such compensation and insurance have been provided. Such certificates shall specify The date when such compensation and m urance have been provided. Such certificates shall specify The date when such compensation and insurance expires. The Seller agrees that such compensation and example 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 njury of any kind or namre whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in This purchase mode, or in counetion herewith. The Seller will indemnify and held larmins the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or comedy to which the Purchaser may be put or subject by reason of any act, action, neglect, emission or default on be part of be Seller, any of his contractors, or any of the Sellers or characters officers, agents or employees. In case any suit or once proceedings shall be Fraught against in, 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 my of his contractors or any of its or Their officers, agents or employees as aforesaid, be Seller hereby agrees to mmme The defense thereof and m defend the same at be Sellers own expense, to pay any and all costs, changes, anomeys fees and other expenses, any and all judgments That may be incurred by or obtained against The Purchaser or my of its or Their officers, agents or employees n such suits or other proceedings, and in case judgment or office 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 cause be same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety prsam call, famish and install all guards necessary for the proceed. of accidents, comply with all laws and regulations with regard to safety including, but without ]initiation, The Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant beano. Revise) 072014