HomeMy WebLinkAbout107290 CUMMINS ROCKY MOUNTAIN LLC - PURCHASE ORDER - 9147442PURCHASE ORDER PO Number Page
City. of PURCHASE
9147442 t of z
' `t Collins( V Thisnumbermustappear
` on all invoices, packing
sli s and labels.
Date: 12/17/2014
Vendor: 107290
Ship To:
OPERATIONS SERVICES
CUMMINS ROCKY MOUNTAIN LLC
CITY OF FORT COLLINS
8211 E 96th AVE
300 Laporte Avenue
HENDERSON CO 80640
Building B
FORT COLLINS CO 80521
Delivery Date: 12/17/2014
Buyer:
DOUG CLAPP
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Monico/Cummins gateway device
1 LOT
LS
9,687.00
for remote monitoring. Includes all
power supplies/converters,
component setup and testing to verify
equipment functionality for City Hall
Generator Network Monitoring Upgrade.
Per quote dated December 1, 2014
Contact: Tracy Ochsner
ph# 970-224-6061
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
Total
Pay terms net 30 days
Invoice Address:
[Qr]
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 am m the City of Fon Collins is exempt from sate ad laaal taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of
lima! Revenue, Denver, Colorado (Ref. Coloado Revised Sources 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS R UDC'PED due to failure W mttl specification, either when shipped of due or defects of
damage in transit, may be finned 1. you for credit and are not 1. be teplaced except upon receipt of wvium
inhuction from the City of Fort Collins
Inspection. GOODS are subject to the City of Ford Collin inspection on mrical.
11. NONWAIVER.
Failure of the Purchaser to insist upon and pert of the tens ad conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
br
each, the azeep. of or payment for goods hereunder or approsal offs design, shall not release the Seller of
any of the wamnties or obligations of this purchase other and shall rut be do mil a waiver of any right of the
purchases „board upon this, performance hereofor any miss rights or remedies as to my such goods, regardless
of when shipped, received or acceptd, as to any prior or subsequent default hereunder, nor shall any panpoded
oal modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
hereof.
Final Averimnce. Receipt of the merchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized pa,unal on the pan of the City of Fort Collins. However, it is 1, No understood that FINAL Seller and the Purchaser mergniu that in actual economic practice, overcharges resulting from anru titst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations ate in fact Nome by the Purchase, Thenteforefor rgood cause and as consideration for executingthis
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight TennS. Shipments must be F.O.B., City of Fort Collins, 700 Wood Si., I Collins, CO 80522, unless acquired under federal o, shou antitrust laws for such ove.M1arge, relating to the particular Bards 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 so this purchase order.
bill mast accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manuf carers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary pandits, certificates and licenses required by all
applicable laws, mliulniom, ordinances and rates of she sure, municipality, mrrimry or political subdivision where
the work is perficurn , m required by any other duly contimted public authority havingjurisd oomen mar the work
of vendor. Seller further agrees to hold Ne City of Fiat Collin houndos from and against all liability and loss
incurred by them by reason of an assured of established violation of any such laws, regulations, ordinances, rules
and requirements.
Authoricatiod All parties to this contract agree Wet the Moomnouives are, in fact, harm f 1, and process fall and
complete anhamy to bind said panics.
LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the ¢ram and conditions stated
harem set forth and any supplementary or nddido al terms and conditions annexed hem, or inco pomtd herein by
reference. Any additional or different mmta and condmoew proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
po misd delivery date as noted Time is of the esnenm. Delivery and performance most be effected within the time
stated on the Purchase coder tend ,he documents attached hereto. No nets of the Purchasers including, without
limitation, acceptance of permit late deliveries, sit II operate as a waiver f,hi, provision. In the event of any delay,
the Porchamr shall have, in ndddem to .,be, legal and equitable remmics. the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall and be liable for damages m a result of delays
due to causes not rearembly foreseeable which are beyond its reasonable control and without its fault of negligence,
such ems of God, acts of civil or military authorities, governmental priorities, finis, strikes, Rood, epidemics, wars or
rich provided But notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
Uncle when the Sella First received knowledge thereof. In the event of any such delay, the dam of delivery shall ha
extended for the period equal m the time acnW ly last by reaon afdre delay.
3. WARRANTY.
The Seller warmnu that all goods, articles, materials and wofk covered by this order will conform with applicable
drawings, specifications, samples mdhar other description given, will be fit for the proposes intended, and
performed with the highest degree of core and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hzrenlms from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwananly. The Seller shall replace, repair m make
good, without cast to the purchaser, any defects or faults arising within one (1) your or within such longer period of
time as may be presented by law or by me terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acwptance not to the measurably delayed), resulting from imperfect
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any 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 wmrdnties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IAN I'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL PERMS.
The Forebear, may make charges to legal terms by w o m change Omer.
5. Cl IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to me torevs, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specification or drawings, by verbal or women change order. If any such
change affects the amount due or the Time ofperformance hereunder. an redouble adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by evemen change occur, temrirmte this agreement n many a all immoe, of the
goads 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 far anticipated profits on the uncompleted
portion of the goals under wort, for incidental or conequemial damages, and Nor nor such adjustment be made in
favor of the Seller with reporter to any ends which ace the Sellers standard stock. No such tromader shall relieve
the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or mrmindon is
mallard.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in shim
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents n may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character ae hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchase harmless from all costs and damages suffered by the Purchaser as a reach of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, ma a feq of convey Ws coder, or any monies due or to become due hereunder without the
PH. wrinrn consent of she other pony.
10. TITLE.
The Seller wenanhfall, clew mad committed Uric to Ne Purchaser for all equipmmt, matemis, and it. fifirdiddrol
in Perf®rmance of this mgreement, free and clear of any and all lien, restriction, resonation, security interest
encumbmrcas and claims ofondcrs.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
lithe Purchaser directs the Seller to correct nommnfurming or defective goods by a date to Ise agreed upon by the
Pumbamr and the Seller, and the Seller thereafter indicates its inability at unwillingness to comply, the Purchaser
may cause the work to No performed by the most expeditious mean available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Pachaer and its contmcrors of any tier from all liability and claims of any mture
resulting from the performance ofsuch work.
This .lame shall apply even in the event of fault of negligence of the party released and shall extend 1, the
didocrod. officers and employees ofsuch parry.
The Sellers commclnl obligations, including warmvry, shall not be deemed to be ordered, in any way, became
cash work is performed or caused to be performed by the Purchase.
14. PATENTS.
Wbam,a the Seller is required to use any design, device, material or process arveral by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement
by .,on of the ass of such parented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pun thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Sell,, shall, at its own expense and at its option, either procure for the
Purchaser the eight to continue using said equipment or pans, replace the same with substantially equal but
naninfringing equipment, or modify it sec it becomes noninGtnging.
15. INSOLVENCY.
If the Seller shall become insolvent or baNtmpt, make an oar firer fro the Melt of creditors, appoint a
receiver or desire for any of the Sellers property, or business, this order may forthwith the canceled by the
Purldear without liability.
16. GOVERNING LAW.
The &limiiem of temp used or Nc interpmation of Lou agreement and thr rights ofail parties hereunder, shall be
amended under and gmxmd by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in aces where the Seller is to perform work hereunder,
including the services of Sellers Retook nutive(s), on the promises of others.
IT SELLERS RESPONSIBILITY.
The Seller shall cony on said work at Sellers own risk until the same is filly completed and accepted, and shall,
in eau of any accident, destruction or injury to the work author muedals before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When marmots
and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible diameter as though such materials anchor equipment
were being fumishd by the Seller under the order.
18. INSURANCE.
The Seller shall. a his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller
shall also tarty compmhemive general liability including, but not limited to. contractual and automobile puf is
liability inname wild buddy injury and death limits ofar leml S300,000 fro any one person, S500,000 for any
coaccident and property damage limit per accident of 5400,000. The Seder shall likewise require his
ndcmrs, Body, to provide for such compensation and inameee. Before any of tha Sellers or his contmmors
employees shall do any work upon the premises of others, the Seller shall ! ish the Purchased with a cer ifimm
that such compensation and insurance have beta provided. Such ar ifma shall specify fire date when such
compensation and insurance have been provided. Such certificates shall specify the due when such comfenssion
and insurance expires. The Seller agrees then such compensation and imumnce shall be moinuind until after the
rntite work is completed end notified.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and al I damage, loss or injury of any kind
or nature whsuocver to persons or pmpedy mused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expanses, whether direct or burial, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contmmors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other
prweedinga shall be brought against the 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 any of his contractors or any of its a
their officers, agents or employees as aforesaid, the Seller hereby opera to assume the defense thereof and to
defend the sane in Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcas,
agents or employees in such suits or other proceedings, and in case judgment or office lien be placed upon or
obtained against the pro my ofthe Purchaser, or said parties th a n a result ofsuch suits or other proceedings,
the Seller will in once mats the same to ha dissolved ad dischaged by giving bond or otherwise. The Seller snd
his contractors shall take all safety precaution, famish and broad all grounds meassary for the prevention of
accidents, comply wind all laws and rcgulniom with regard to safety inclnding. but without limiendon, the
Occupational Safety and Hmlnd Act of 1920 and all roles and regulation issued pursuant thereto.
Revised 09/2014