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HomeMy WebLinkAbout535722 CRITICAL FACILITIES TECHNOLOGY - PURCHASE ORDER - 9141832Fort Collins PURCHASE ORDER Date: 04/01/2014 Vendor: 535722 CRITICAL FACILITIES TECHNOLOGY 6380 W 54TH AVE SUITE 100 ARVADA CO 80002 PO Number Page 9141832 101`2 This number must appear on all invoices, packing sli i and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 03/31/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price DC Capacitor Replacement 1 LOT LS 6,559.11 per Quote 1-2177J713/2 reference quote date 3/14/14 from josiah Trowbridge - one complete DC capacitor replacement - $2,019.00 - CALU 400V 88000F 20% - $282.50 (16) = $4,520.00 - Freight - $20.11 Contact: Mary Moore - 970-221-6743 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 11 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 stmutethe City of Fort Collins is exempt from stamenl locnl taxes. Our Exemption Number u ILNONWAIVER. 984.502. Federal Excise Tax Exemption Certificate of Registry 84-(4)0058) is registered with the Collector of Failure of the Purchaser to imut upon strict palmsouvtt of the tams not mtWitions hemof, failure or delay to trimmed R acrom, Denver, Cultivator (Ref. Calendar Revised Sumtes 1973, Chapter 39-26.114 p), exercise any rights or remedies prmidd herein or by law, failure to promptly notify the Seller in the event of a breach, the accepmrme ofor prymmt far goods hereunder or a,procal ofNe design, shall or release the Seller of Goods Rejead. GOODS REJECTED due to failure ,a most specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase under and shall not he deemed a waiver of any right of the damage in must, may be retorted to you for credit and are not to be replaced except upon receipt of written Purchaser no insist upon strict performance hemofar any of its rights or remedies as many such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryorted Orel mdifcation or mscission of this purchase order by the Pardoner operate as a waiver of any of the mans Inspection. GOODS am subject to the City of Port Collins inspection on arrival. Facet.. Final Acceptance Receipt of the merchandise, erne r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, However, it is to be underaud that FINAL Seller and the Pumhurer recognize than in -text m omit prmOce, overcharges resulting from summit ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. riolmians art in fact home by the Purchsser. Therebfore, for good cause ad as mnsidecomm far executing this purchase order, Ne Seller hereby assigns to the Pamhmer any and all claims it may now have or hereafter Freight Ter.. Shipments must be F.O.B., City of Fan Collins, IN Wood St, Fort Collins, CO 80522. unless acquired under federal or sum antiuua laws for such ovecharges redoing to the Particular good or services otherwise specified on this order. If permission is Risen to prepay firagla and charge separately, the mi, innl freight mmEmmd ve acquired by the Purchaser parsoaat m this purchase order. bill most mcomunv invoice. Additional clurees for packing will not W accented Shipment Durance. Where ..at.,. have distribming pain. in carious parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from grouter distance. Permits. Seller shall promre at sellers sole cost all necessary permits, anifiates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, terrirry in political mbdivom. where the work is performed, or required by any other duly constituted public authority havingjuridiction over the work Of vendor. Shccr further agrees to hold the City of ran Collins harmless from and against ell liability and Ins. secured by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties m this contract agree that the representatives are, in fact, bona tide and possess full and complete authority to bind said parties. LIMITATION OF Ti This Paid sse Order expressly limits acceptanu to the terms and conditions muted herein set forth and any supplementary or additional morns ad conditions amexed herein or incorporated begin by m ereme. Any addhorul or diRcom terms it cmdddioa proposed by seller are obtained to and heceby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted Time is of the essence Deimsy and pert ance most be effected within the time sate oa the purchase order mad the documents .,ached herein. No acts of the Purehuers including, without limitation, acceptance of partial late deliveries, shall made as a waiver of this provision. In the event ofery delay, the Purchaser shall have, in addition m 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 reach of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts ofGud, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchsser within five (5) days of the time when the Seller Rrsr received knowledge therm[ In the as'enr of any such delay, the dam of delivery shall be extended for the period ryas[ m the time acNally lost by reason of the delay. 3. WARRANTY. The Sella warmax that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anchor other d«riptiorrs given, will be fit for the purposes imeMd, sal Fathomed with the highest degree of art and constituents, in accordmce with assou s d standards for work of a mile utare. The Seller agrees m hold the pmchazer harmless from any loss, damage or ea,. which den Puahmsa may suffer or meat a account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, without cost to the puchateq any detects or faults arising within one (1) your err within such longer peril of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not m be pure ecombly delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or see of goods by the Purchaser shall not institute 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 warrmles or gamnmes, 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 rams by written change order. 5. CHANGES IN COMMERCIA , TERMS. The Purchasce may make any changes m the, secret, Other than legal terms, including ndditioa to at deletion rut the quantities originally oNeml in the specifications or drawings, by xedvl or wrium change order. If my such change affects the amount due or the time ofperfatrance hereunder, an equitable adjustment shall be fade. 6. TERMINATIONS. The Purchaser may in my time by accident change order, mmiam this agreement m to any or all ponioa of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for annicipuad proms on the uncompleted portion of the goods mdAu work, for incidental or consequential damages, and that no such adjustment be made in favor athe Seller with ra,al to any goods which arc the Sellers standard stock. No such lamination shall relieve the Purchsser or the Seller ofany of their obligations as to any goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be mourpred within thirty (30) days rut the date the change or nomination is Ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have bees pmdured sold, delivered and famishd in Sbia compliance with all applicable laws and regulations to which the goods sofa subject The Seller shall csame and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncor, m r ed in agreements of this character are hereby incoryormd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cos. and damages snflered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neilher pan, shall assign, bans@, or convey this order, or any monies due or to become due hereunder without he prior wdnen comment ofthe other pity. 10. TITLE. The Seller warrants full, clear ad aamestr ated title to the Fmchuer for all ryuipmem, materials, and it. Initiated in perfomnce, of Nis agreement. fire and clear of any and all lieu, restrictions, rese 1a es, security interest encumbrances mad claims o f others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. HIS, Purchaser direcs the Seller an surer nonconforming or defective goods by a date m be agreed upon by the Puahmer and the Sella, and thc Seller thereafter indicates its nubility or mawlllingoess m comply, the Purchaser may some the work to be performed by the most expeditious 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 any tier from all liability and claims of any nature resulting from the perl'omrance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, Othcers and employ. ofsuch parry. The Seller's contractual Obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is paf ca d or caused in be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any dcup, device, material Or protts, covered by letter, patent, tmdcnurk or copyright, the Seller shall indemnify and nave harmless the Purchaser from any mad all claims for infringement by reawn of the use of such patawd design, device, material or process in connection with the contmet, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged W pay by remain ofsuch infringement at my time during the wasecmlon or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to comnimm inlengment and the use of said ry.i,.,nt or pan is enjoined, the Seller shall, m its own expense end al i. option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially ryoal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpl, make an assignment for the beneftr of creditors, appoint is narcierm or Income for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitioes of term usd or the interpreafn of the egeemrnt end the rights ofall parties heremukr shall be romsmued under and gmemed by the laws ofthe State of Colorado, USA. The following Additional Coditions apply only in cans where the Sella u to perform work hereunder including the services ofSellers Repreaenmtivds), on the premises of others. 10. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury in One work amber mmerials before Seller's final completion and ecepmnce, complete the work at Seller's awn expeae and to the souifactlon of the Purchaser. When materials and equipment arc famished by others for insallation or erection by the Seller, the Seller shall receive, unload, store and handle same of the site and become responsible therefor as though such materials amisor equipment were being Famished by the Seller under the arder. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupetioul disease permits, to its employees employed on Or In connection with the work covered by this purthau order, snbm to their dependents in accordance with the laws of the lute in which the work D to be done The Sella shall also carry comprehersive gcncml liability Including but not limited to, con.mnal and automobile public liability imumnce with ba ily injury and turd limits of at mast Suicidal for any one pesos $500,00o for any one aceldent and property damage limit per accident of S400,000. The Seller dull likewise require his ontracmrs, Hany, to provide for such compensation and mommucc. Before my of the Sellers or his conoractmax employees shall do any work upon the premues orathers, the Seller shall famish the Purchaser with a catificam that such compensation and insurance have been provided. Such ceni0ca es shall specify the date when such compensation and inaumnce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained out 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 injury of any kind or mature whatsoever to persons or progeny caused by or resulting rut the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hamless the Purchaser and any a all of the Purchnsers of iccrs, agents and employees from and against any and all clairm, jusece. damages, charges or expenses, whether direct m induct, and whether b persons Or property to which the Purchaser may be put or subject by reason of any eel, ration, realist, omission in default on to, poor ofNe Seller, my of his conmuco., or my of the Sallm or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in any lime on scmmt or by reason of any act, action, mRim, omission or default of the Sella of any of his correctors or any of I. or Neu officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, in pay any and all casts, charges, incorrect 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 in such suits or other proceedings, and in case judgment or other 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 the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all sex ety precautions, furnish and ivall all guard necessary for the prevention of accidare, comply with all laws and regulations with regard to satiny including, but without limitation, the Occupational Safety and Health Act of 1970 and all sales and regulations issued pursrant thereto. Revised OM010