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HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - PURCHASE ORDER - 3215285Fort Collins Date: 01 /13/2015 Vendor: 109881 DICKINSON ELECTRIC 1175 E 2ND ST LOVELAND CO 80537-5803 PURCHASE ORDER PO Number Page 3215285 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP 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 UOM Unit Price Extended Ordered Price 1 2015 Blanket Order 1 LOT LS Utilities CORRECTED PO - WATER UTILITIES IN LIEU OF ELECTRIC 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 75,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City officer Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600o5i is ri purred with the Collector of Failure of me Purchaser to insist upon smn performance of the terms and conditions hercaf, failure or delay to Internal 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 promptly nosy the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval .£the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet one ifications, either wfim shipped or due by defeco of any of the warranties or obligations of this purchase order and shall not her deemed is waive, of any right of the damage in transit may he resumed as you for credit and are not to be replaced except upon receipt of worms. purchases ro insist upon strict performance hereofor any of its rights or remedies re w any such goods, regardless instrvctions from the City of Fort Collins. of when shipped, received or accryted, as to any prior or subsequent default hereunder, nor shall any prou,sw ed oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Ford Acceptance. Receipt of the merchandise, services or equipment in tv parse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autlwnzN payment on the pan of the City of Fort Collins. However, it is w be undermined that FINAL Seller and the Forebear obscures that in actual ae,mic pnctics, overchntitr coordinators resident, from aust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by de Purchaser. Theretafore, for good cause and is consideration for executing this purchase order, the Seiler hereby assign to the Purchuer, any and all claims it may now, have or hereafter Freight Terms. Shipments most br EO B., City of Fort Collins, 700 Wood Se, Fort Collins, CO 80522, under, acquired under federal or sate warned laws for such overcharges relating in the particular good or services otherwise specified on this order. If permission is Giver ad prepay freight and charge separately, the original freight purchased or account by the Purchaser pursuant o this purchase order. bill must wcompmy invoice. Additional charges for packing will trot be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the .west distribution point to desmraeon, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shill procure at sellers code cost all necessary permits, certifcates and licenses required by all applicable laws, regulations, orchestras and rules of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. 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 awned or established violation of coy such laws, regulations, ordinances, rules and requirements. Authonution. All panies to this contract agree that the representatives are, in fact, bona fide and possess PoII and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions aimed herein set foM and my supplementary or additional tens and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected t0 and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and prommance must be effected within the time stated on the purchase order and the documents attached hereto. No acre of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate w a waver of Nis provi be, In the event of any delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option of placing 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 consul and without its fault of negligence, such coo of God, acts of civil or military am games, governmental priorities fires, strikes, Bind, epidemics, wars or nots provided that nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the time whin the Seller first received knowledge therm[ In the event of my such delay, the time of delivery shall be extended for the penod equal to the rime actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, marks. nutenals and work covered by this order will conform worth applicable drawings, specifications, samples and/or order, deution. give, will be fit for the purposes intended and performed with the highest degree of care and cornpetence in azardance wida arcryted standards for work of a similar nature. The Seller agrees to hold the purchaser hapless from env loss damage or expense which the Purchaser may supper or incur on account of the Sellers breach of warrants, . The Seller shall replace, repair or make god without cost he the purchaser, my defers or Ends arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable westenry provided by the Sells after the date of arcemence of me goods famished hereunder precome, 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 waiverof any claim under this warranty. Except ar, otherwise provided in this purchase order, the Sellers liability hereunder shall extend w all damages proximmely caused by the brech of my of the foregoing wanmees 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 .,.a change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchuer may make my changes to the terms, other than legal terms, including additions to or deletions from the routines originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment slid I be made. 6 TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement is to any or all portions of the goods ther not shipped, subject to my equitable adjustment between the parties as to my work or a numials than in progress provided that the Purchaser shill not be liable for arty claims for anticipated profits on the uncompleted ,armor of the goads To, work, for incidental or consequential damages, and that no such adjustment be made in favor of the Set ler with respect to my goods which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. C. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thim, (30) days from the date the change or temination is ordered. S. COMPLIANCE WITH LAW, The Seller waramo the all good sold hereunder shall have been produced, said, delivered and furnished to strict compliance with all applicable laws and regulalime w wEirh the gods are sea. The Seller shall execute and deliver such dacummer as may he required to effort or evidence compliance. All laws and regulations required w be incorporated in opeemmts of this character are hereby incorporated herein by this reference. The Seller epees w indemnify and hold the Purchaser hapless from all costs and damages suffered by the Puchaser as a result of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or as became due hereunder without the prior wrinm be.sein of the other, sur, 10, TITLE. The Seller warrants full, clew and mosstriched title to the Purchaser for all equipment mawnals and items punished in performance of this agreement, free and clear of my and all liens, interactions, reserea ims, secunry interest encumbrances and clams of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs thr, Seller a wnect nonconforming or defective goods by a date to b, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expedients means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulting from the perfommce of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend w the directors, officers and employees of such parry. The Seller's contractual obligations, Including warranty, shall not be deemed in be reduced, in coy way, because such work o performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save hapless the Purchaser from my and all clams for infringement by reason of the use of such patented design, device, maaenal or process in connection with me contract, and shall indemnify the Purchaser for my cost, expose or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after dire completion of the were In case said equipment or my pan thereof or the intended use of the goods, is in such said held to constitute infringement and the use of sad equipment or part is enjoined, rise Seller shall, in its own expense and at its option, either Procure for the purchaser the right as continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it sa it becomes oninfnn6ing. 15.INSOLVENCY. If the Seller shall became insolvent or bmkmpt make an assignment for due benefit of creditors, appoint a boreiver or uumee for coy of the Sellers property or business, this order may Subdivide he canceled by the Purchaser without liability. 16 GOVERNING LAW. The definitions of reps used or the interpretation of the agreement and the rights ofall parties hereunder shall be, conamsed undo and governed by the laws of the Sure of Colorado, USA. The following Additional Contracts; apply only in cases where the Seller is W perform work hereunder, including rise services of Sellers Repnsspino ds), on rise premises ofothers. 17. SELLERS RESPONSIBILITY. The Seiler shall can, on said work at Sellers own risk until the same is filly completed and accepted, and shall, in case of my accident destruction or injury to the work and/or materials before Sellers final rearmament and acceptance, complete the work at Sellers own expense and in the satisfaction of the Purchaser. Whin maunals and equipment we famished by others for inndlmon or erection by rise Seller me Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materials and/or equipment wrre being famished by the Set ler under the order. It,. INSURANCE. The Seller shall, an his own expense, provide for the payment of workers compeo erniov, including occupational disease benefits, to its employees employed on or in connection with she 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 dare. The Seller shall also carry comprehensive general liability including, but not limited in, bermactual and automobile public liability Insurance win bodily Injury and death limits of at least S300.000 far any one person, $5.0,000 for any one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his contractor,, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such c nifrmes shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the daze when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the eatirework is compined and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumo the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whaooever to persons or property caused by or retained from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees from and summit my and all clams, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmperry, w which fire Purchaser may be, put or subject by reawn of my wit, canon, neglect omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or consacwrs officers, agents or employees. In case any suit or other proceedings shill be brought against the Purchaser, or its officers, agents or employees a any ears, on account or by reaso of my act action, neglect, omission or default of the Seiler of any of his cmrtrmters or my of its or their officers, agents or employers; u aforesaid, rise Seller hereby ages to assume the defense thereof and to defend the same at the Sellers own expense, an pay my and all ins¢, charges aaoargi fees and other expnnes, my and ill judgments that may be incurred by or a wined daemon the Purchaser or my of its or their officers. agents or employees in such suits or other possession, and in rase judgment or other Iran be plwed upon or obtained against the property of the Purchaser or said parries in or as a welt of such auto or other proceedings, the Seller will ar once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and his ontramn shall take all safety precautions fwnistt and install all guards accessary for the previsions of wcidenu, comply with all laws and regulations with regard to target, mcludm& but without limisation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0712014