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HomeMy WebLinkAbout132296 CERTIFIED POWER INC - PURCHASE ORDER - 3215069Fort Collins Date: 01/09/2015 Vendor: 132296 CERTIFIED POWER INC 1221 ILLINOIS ST DES MOINES IA 50314-3107 PURCHASE ORDER PO Number Page 3215069 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/08/2015 Buyer: Note Line Description uuanary UOM Unit Price exrenoea flrdnrod arl,n 1 2015 MISC SUPPLIES 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@fogov.00m 1 LOT LS 1,000.00 Total $1,000.00 Pay terms net 30 days I 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins h exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98g04505, Frderal Excise Tax Exemption CeniGcme of Registry, 84-6000587 is registered with the Collator, of Failure of the Purchaser to insist upon strict performantt of the terms and conditions bertaf, failure of delay. Intrmal Revenue, Denver. Colorado (get. Colorado Revised Sexames 1973. Chapter 3946, 114 (a). carouse any nigh, or .m Wies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance ofor payment for good haneundan or approval of the deign, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warenti- or obligations of this pcwhave order and Shall not be, decreed a waiver of any right of fire damage in tmnslt, may be resumed to you for credit and me nor to he replaced except upon receipt of woum purchaser to insist upon strict performance hereof or any of its fights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the .ruts Inspection. GOODS are subject to the City of Fort Collins inspection on consul. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nuthorimd payment on the part of the City of Fun Collins. However, it is to he understood Oat FINAL Seller and the Prrch-an recogNu chat in moral a is practice, overcharges malting from antitrust ACCEPTANCE is dependent upon completion drill applicable requedirrrspation proceJur-. violations are in fact home by the Purchases. Theamfore, fair goad cause and ns consideration for extending this purchase omen, the Seller baneby exames to the Purchaser my and all claims it may now, have . hrough, Freight To.. Shipments must w F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired mda federal or state antitrust laws for such overchmg- calving 1d the particular good or services wherwise specified on gas order. If permission is given an Prepay freight and charge separately, the original freight purchased or acquired by the Penetration pursuant to this Pmcbau order. bill must acrompany income. Additional changes fro packing will not be accepted. Shipment Distance. Where manufactures have distributing points in various pans of the country, shipment is expected from the nearest distribution point to d-ovation, and excess freight will be deducted from Invoice when Shipments arc made from greats distance. Parents. Seller shall practice at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles Of the sore, municipality, terimry or political subdivision where the work is performed, err n Nomeal by any other duly constituted public authority having jurisdiction Over the work of vendor. Seller further agrees to hold the City of ran Collins hunches firm and agairat all liability and lass incurred by them by reason of m asserted or established violation of any such laws, regulation, ordinances, mles and requirements. Ingratiation. All parties b this contract agree gat the feprcsenatives are, in roar, bore ride and possess full and complete authority to hied Said parries. LIMITATION OF TERMS. This Purchase Oman expressly limits acceptance to the tern, snd conditions stated herein set fond and my supplementary Or edditional terms and conditions amazed hereto or incorpomed herew by reference. Any additional or different terms and conditions proposed by seller as, objected to and hereby jutted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment o active on your promised delivery date. noted. Time is of the easmce. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hear.. No tic, of the Purchasers including, without limimtion, accepm two of partial late deliveries, shall operate as a waiver of this provision. In the event crony 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. l to saver, the Seller shall not be liable for damages as a result of delays due or causes not waoeably foreseeable which art beyond its reasonable control not without its fault of negligence, such aces of Go , aces of civil cr military authorities, govemmeaol priorities, fines, strikes, flood, epidemics, wars or rims provided that ratite of the conditions causing such delay is given 10 the Purchaser within five (5) days of the time whm the Seller first received knowledge thereof. In the event of my such delay, the date of delivery, Shall be extruded for the period equal. the into actually loss by reason ofdae delay. 3. WARRANTY. The Sella waran, that all goods, articles, materials and work rumored by this oma will conform with applicable drawings, specifications, samples anchor other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cane and competence w accordance with accepted standard fro work of a similar nature. The Seller agrees to hold the purchaser homeless from my loss, damage or expense which the Purchaser may suffer or incur on account oftM1e Sellers breach of warranty. The Sella shall replace, repair or rake goad, without cost to the pmdaser, any defects or faults arising within one (1) year or within such longer period of time ed may be prescribed by law or by the terms army applicable wanany provided by the Seller after the date of acceptance of the good fishN hereunder (acceptance not to Ise unreasonably delayed), resulting from imp I or defective work done or materials burnished by the Seller. Acceptance or me of goods by the Purchaser shall not institute. waiver of my claim under this warrom, Except as othervise provided in this Purchase owes, the Sellers liability heeuder Shall extend to all damages proximately caused by the breach of my of the foregoing wormatia or guarante-, but such liability shall in no event include loss of Grofirs or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terra by whom change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any thing- to the terms, mher than legal corms, including additions m-delnimss from the quantities originally ordered in the specifications err drawings, by vctbal or wine. change rude,. If any such change attack the amount due a the time of performance hereunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wiffen change order, urminate this agreement as to any or all random of the goal then mil mippa, subject to my equitable adjutment between the panic as to my work or awards], den in progress pmvided that the Purchzaer shall not w liable for my claims fro anticipated profits an dar umnmpletd portion of the goods andlor week, for incidental or mnssumatul damages, and gat no such adjustrnmr be made in favor Of rise Sella with respect to my good which am the Sellers standard stack. No such nomination shall relieve the Purchaser or de Seller crony of dcir aligarions as In any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ndjestment most be maenad within thirty (30) days f the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have Iran produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such documents as may he cauited to effect a evidence compliance. All laws and regulations required to b, incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all ears and damages suffered by the Purchaser u a result of the Sellers fail.. to comply with such law. 9. ASSIGNMENT. Neither perry shall asomi, tmnsto,, or convey this order, or an, monies than or te become it. heeunder without the prior wfiam consent Ofthe of parry. 10. TITLE. The Sella wamnes full, clear and um -tried title to the Purchaser for all e<IuipmenL materiels, end in. fished in performance of this agreement, fire and clear of my and all liens, mansions. resen^ations, security moment ratiocination and claims of odors. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser diner, the Seller to r nonconforming or defective goods by a dte to be agreed upon by the Purchaser and the Seller, and the Seller dumber indicates its inability or unwillingness 10 comply, the Purchaser may cause the work to he performed by the most expeditions means available to it, and the Sella shall pay all costs ressocimed with such work. The Seller shall filenew the Purchases and its contmmors of any tier from all liability and claims of any nature resulting from the per6rmmce ofmch 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 parry. The Seller's contractual obligations, including warranty, shall not be deemed m by neduced, in my way, b ncom such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required as use my design, device, comerial or process covered by letter, patent, trademark Or copyright, the Seller shall indemnify and Save harmless the Purb our from my and all claims for infringement by reason of the use of such patented design, device, material or process in automation with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may he 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 pan thereof or the intended use of the goods, is in such suit held to comOmte infringement and the use of said equipment act pan is enjoined, the Seller Shall, at its awn expense and m its option, either procure for the Purchaser the right to continue using said alulpment or pros, replace the Same with substantially equal but mninGnging equipment err modify it so it becomes armoriaging. 0. INSOLVENCY. If do Seller shall become insolvent or bmkrupL make an assignment fro the benefit of creditors, appoint a receiver or .1a foe my of the Sellers property or business, this order may foMwith be can eIW by the er Purchaswithout liability. 16. GOVERNING LAW. The ditimlions of terms used or the inteeparomm afth. agrtrnmal and the rights of all parries hertundan Shull be combined under and gnrvemed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmsenterive(s), an the premises ofoders. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury, to the work moor materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfamon of ge Purchaser. When mismrials and equipment one f fished by others for installation or erection by the Seller, the Sella shall receive, unload, Sam and handle same at the arm and become responsible therefor as though such materials succor equipment was being famished by the Seller anchor the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment i f workers compeconation, including Occupational disease benefu, to its employees employed on or in connection with the work covered by this purchase order, moor to their dependents in accordance with the laws of the slam in which the work is to be drum. The Seller Shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lean S300,000 far any one person, S500,000 for any one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his contractors, if any, m 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 furnish the Purchmer with a certificate ram such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and measures have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seiler agrees quit such compensation and insurance shall he maintained until after the entire work is completed nod accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire rapmssibiliy and liability fro any and all damage loss in injury army kind or vote whoucarcr on persons or property, reused by or resulting from ge execution of the weak provided for in this purchase order or in comation herewig. The Seller will indemnify and hold homeless the Purchaser and my r all of the Purchssers appears, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of any mt. action, neglect, omission or default on the pan of the Seller, any of his comments, or any of the Sellers or contractors oDicers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or by crown of any act, action, neglect, omission or default of the Seller of my of has contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and o defend de Same at the Sellers own expense, to pay my and all roses, charges, anomeys fees and other expenses, my and all jndgments than may her incurred by or i b dimd against the Purchaser or any of its or their officers, agrees or employees m such suits or other proceedings, and in case judgment or eider lien be placed upon or Obtained against the property orgy Furcfa, or Said parties in or as a result of such wits or other proceeding, the Seller will at once copse the same m he dissolved and discharged by Suing band or otherwise. The Seller and his contractors shall take all safety precautions, fish and monall at guard necessary fro the Invention of redden,, comply with all laws Said regulations with regard to safety including, but without Iimiution, the Oacupatimal Safety and Healg Act of 1970 and all rules and regulations issued p..I durno. Revised OT(2014