HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - PURCHASE ORDER - 3215344PO
PURCHASE ORDER 321534er Page
City. of PURCHASE
15344 ' °f 2
Flirt Collins` This number must appear
/�,,. "_`�,/`I a V " on all invoices, packing
sli s and labels.
Date: 01/14/2015
Vendor: 109881
DICKINSON ELECTRIC
1175 E 2ND ST
LOVELAND CO 80537-5803
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/14/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Electric Services for
Light & Power
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
100,000.00
Total $100,000.00
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Few Collins is exempt from state and local taxis. Our Exemption Number ¢
ILNONWAIVER.
984w502. Federal Excise Tax Exemption Certificate of Registry 8n-6000587 is registered with the Collector Of
Failure of the Purchaser m insist a ,rid performance of the terms and condition M1erevE failure or delay to
upon s pe Y
Internal Revenue, Denver, COlmdo (Ref. Colorado Revised Statmes 1973, Chapter 39-26, 114 (Of
exercise any rights or sernedice provided herein or by law, failure to promptly notify the Seiler in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller Of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either, when shipped or due m defects of
any of the wammies or obligations of this purchase order end shall not be deemed a waiver of any right of the
damage in mmiS may be returned to you for credit and are not On be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goad, regardless
instructions from the City of ran Collins.
of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported
will modification or rescission of Nis purchave order by the Purchaser operate as a waiver of any Of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Film l Acceptance. Receipt of five memhaodise, sa cces or equipment in response to Nis older can malt in
12, ASSIGNMENT OF ANTITRUST CLAIMS,
authoraed payment on the pan of the City of Fort Collins. However, it is to be understood that FUNAL
Seller and he purchaser mogaire that in wood economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofail applicable required impminn procedures.
violations am in fact home by the PumM1mer. Theretofore, for goad cause and as consideration far executing Nis
purchase older, the Seller hereby assigns to me purchaser any and all claims it may now have or haeater
Freight from, Shipments must be P.O.B., City of ran Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating 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 Purchaser 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. Whae manufacturers have distributingporns in various pans of the country, shipment is
If Ne Purchssm directs me Seller to impact nonconforming or defective goods by a date to be agreed upon by the
expected fmm me nearem distribution point to deviation, and excess freight will be deducted from Invoice when
parchuer and the Sella, and he Sella tbereaer indicates its inability or unwillingness to comply, the Pmchasa
shipments are made floor gr ata distance.
may muse the work of be performed by the mars, expeditious memo available to it, and the Sella dull pay all
caws assrciated wild such work.
Pmnia. Sella shall procure at sellers sole cast all na., permits, certificmw and licenses acquired by all
applicable laws, regulations, mJiances and mle, of the state, municipality, antory or political subdivision where
the work is reffomed, or requited by any other duly constituted public authority havingjunsdiclion over the work
of version. Seller farther agrees to hold the City of Fan Collins harmless from and agaire, all liability and lass
incurred by them by reason Of an assented or established violation Of any such laws, reguGliam. a bowers, toles
and requirements.
Authorization. Ali parties to this contract agree that the representatives are, in fact, bona Ede and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits warparce to life tenon and conditions stated
herein set forty and any supplementary or additional terms and conditions accused hereto or incorporated herein by
reference. Any additional or different ertns and conditions proposed by seller are objected to and hereby rejectd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyor cannot make complete shipment to active an your
promised delivery dare as noted, Time is offe essence. Delivery and performance must be apated within the time
stated on the purchase offer and the documents attached hereto. No acts of the Purchasers inchtding, without
limitation, acceptance of partial lute deliveries, shall operate m a waiver of this provision. In the event of any delay,
the Purchaser shall 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 m a malt of delays
due to muses not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegiigenee,
such acts of Gad, cons ofcivil or military arthonties, govemmmul pd ,dies, fires, strikes. Roof, epidmdcs, wars or
rioa provided that notice of the conditions causing such delay is given m the Parchaer within five (5) days of the
time what the Sella find mewed knowledge fermf. In me event of any such delay, the due of delivery shall be
extended for file period equal to the time acnally lost by reason of the delay.
3. WARRANTY.
I'he Seller warrants that all goods, articles, materials ant work covered by this order will conform with applicable
drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cam and competence in accordance with accepted standard for work of a
miler nature. The Seller agrees to hold the purchmer bamlm from any loss, damage or expense which the
Purchaser may sulfa or incur on account of the Sellers breach of wamnry. The Sella shall replace, repair or make
good, without cost Of life ptmhaseq any defets or Gulls arising within one (I) year or within such longer period of
time as may be prescribed by law or by file tenon ofany applicable womanly provided by the Seller after the date of
acceptance of the good fumished hereunder (acceptance not to be waransoably delayed), resulting from imperial
at defective work done or materials famished by the Seller. Ameptaac or use of goads by the Purchaser shill tut
institute a waiver of any claim under this warranty. Except as otherwise provided in his purchase order, fe Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any m the bantering warranties
Or gaamtowns, but such liability shall in na 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 nuke changes to legal terms by wtinen change offer.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the ¢tens, other than legal terms, including additions to or Jeletiom fmm
the moraddicz originally ordered in fe speci0eatios, or down.,. by verbal ar writen change olden. If any such
change a@its the amount due or the time ofperfomance hereunder, an equitable adjusment shall be made.
6. 1 ERMINATIONS.
the Purchaser may at any time by written change older, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaer shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good Nathan work, for incidental or consequential damages, and mat no such adjustment be made in
favor of On Seller with respect to any good which are me Sellers standard stock. No such temiamion shall relieve
the Purchaser or the Sella of any oftheir obligations as to any goad delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for mijucti ent tutor be assMed within thirty (30) days from the date file change or teminatm o
ordered.
8. COMPLIANCE WITH LA W.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished 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 lnemporated herein by this reference. The Seller agrees to
ndemnify and hold the Purehssa hamless from all rusts and damages suffered by the Purem er as a result of the
Sellers failure to comply with well law.
9. ASSIGNMENT.
Neither parry shall assign, mnsfia, or convey this order, or my monies due or to become due hereunder without Ilse
prior wrinen consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted time to he Purchaser for all equipment, malards, and items hundred
I. Prof.... of this agreement, free and clear of any and all liens, restrictions, nervations, security interest
encumbrances and claims of mhcrs.
The Seller shall re. fe Purchaser and its comma. of any tier final all liability and claims of any namre
resulting from the performance ofsuch work.
Tlfis release shall apply even in the meat of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch puny.
The Sellers communist obligations, including wamnty, shall not be demed to be reduced, in any way, because
such work is perforated or caused to be performed by the Purchaser.
i4. PATENTS.
Whenever Nc Sella is required to use any design, device, material or process covered by Inner, patent, trademark
or copyright the Seller shall indemnify and save bmmless he Producer fmm any and all claims for infringement
by reason of fie use of such patented design, device, material or process in examination with me contract, and
shall indemnify the Purchase, far any cost, expense or damage which it may be obliged to pay by rman 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 me use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either practice for the
PureRuer life right to continue using said equipment or pans, of lue the same with substantially equal bur
naninfringing equipment, or modify it so it becomes naninfnging.
IS. INSOLVENCY.
If he Sella shall become hmolvenf or bardmps, make an assignment for file benefit of creditors, appoint a
receiver or froure for any of fc Sellers property or business, this older may forNwif be canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definition, of terms used or the interpretation offe agreement and the rights of all panim hereunder shall be
command under and governed by the laws offe State ofColomdo, USA.
The following Additional Conditions apply only f cases where the Sella is to perform work hereunder,
including file services ofSelim Repressntativc(s), on the premars crashers-
17. SELLERS RESPONSIBILITY.
The Seller shall cony, on said work: at Sellers own risk until the same is fully completed and wceptd, and shall,
in arse of any accident destruction or injury to the work and/or materials bet Sellers fiat completion and
acceptance, complete file work at Sellers own experts and to Ne smisGclion of the Purchaser. When matermla
and equipment for burnished by others for installation or erection by the Seller, me Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials carbon equipment
were being famished by the Seller under the older.
18. INSURANCE.
The Seller shall, tit his own expense, provide for the payment of workers compensation, including Occupational
distort benefits, b its employees employed on or in correction with fe work coveted by this purchase order,
and/or to their dependents in accordance with the laws of the sure in which the work is to the done. The Sella
shall also arty comprehensive grneral liability including, but not limited m, commend and automobile public
liability insurance wild bodily injury and &orb limits of at least 5300,000 for my one person, 5500,00o for any
one accident and property damage limit per accident of S400,000. The Sella shall likewise require his
comments, if any, to provide for such compensation and insurance. Before any of he Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have Even provided. Such cmificates shall specify the date when such
compensation and insurance have been provided. Such cenifimtes shall specify he date when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby xmawnws the entire mpoaibility and liability for any and all damage, loss or injury of any kind
or Aare whatsoever to remns or pmpttty caused by or mulling flow the execution ml work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchma add any
r it of fe Porch. officm, agents and employms fault and egmut any and all cto—, losses, damages,
charges or expenses whether direct or Puffer,, and whether to persons or property to which me Purehasa may
be pat or subject by mown of any act, action, neglect, omission or default on he pan of the Seller, any of his
contractors, or any Of the Sellers or contractors officers, agents or employees. In case any suit or offer
pmceralings shall be brought against the Purchmeq or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of file Seller of any of his contractors or any of its or
heir officers, agents or employees as aforesaid, the Sella hereby agrees to assume he defense thereof and to
defend the same at file Sellers own expense, to pay any and ON costs, charges, imomeys fees and other expenses,
any and all judgmrnrs flat may be incurred by or obtained against file Purchmcr or any of its or their officers,
agents or employees in such suits or other pmcredinp, and in case judgment or other Her be placed upon or
obtaind against the property offe Purchaser, or said partirs in or as a mull of such miss or other proceedings.
thc Sella will or are cause me tome to be dissolved and discharged by giving bond or whawise. The Seller and
his contactors shall aka ail mfety precautions, furnish and Overall all guard necessary for the prevention of
accidents, comply wit all laws and regulations wit regard to safety including, but without limitation, me
Occupational Safety and Health An of 1970 and all rules and regulations issued pursuant thereto.
Revised 07I8014