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HomeMy WebLinkAbout107290 CUMMINS ROCKY MOUNTAIN LLC - PURCHASE ORDER - 3215284Fort Collins Date: 01/13/2015 PURCHASE ORDER Vendor: 107290 CUMMINS ROCKY MOUNTAIN LLC 8211 E 96th AVE HENDERSON CO 80640 PO Number Page 3215284 1012 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 i 2015 Blanket Order Maintenance 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 10, 000.00 Total 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 L COMMERCIALDETAII-S Tax exemptions. By statute the City of Fo t Collins is exempt fmm state and local taxes. On Exemption Number is I I. NONWAIVER. 994a1s02, Federal Excise Tax Exemption Certificate of Registry 84-600p587 is registered with the Collector of Failure of the Purchaser to insist upon stnct performanm of the terms and conditions hermf, failure or delay to Internal Revenue. Dimveq Colorado (Rd Colorado Rewmil Smmms 1973. Chapter 39-26, 114 (a). exemise any righe or remedies provided herein or by law, failure to Pratingly newly the Seller in the event of a breach, the acceptance of or payment for goods hemander or approval ofthe design, shall not release me Seller of Goads Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned in you for credit and are not in be replaced except upon receipt of wdrten purchaser to insist upon svia performance hereof or any of its rights or remedies as to any such goods, regardless instructions firm the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purportod oral modification or scission of this purchase order by the Purchaser operate as it waiver of my of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival, hernf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCI-MMS. amhonzed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and me Purchaser recognize that in actual conan ern practice, overcharges resulting from titrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser.Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments nun be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or stare written 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 pirmanuo this purchase order. Wit must accompany Invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dinnburing points in various parts of the country, shipment is Ifhe Purchaser directs the Seller to correct nonconforming or defective goods by a time to be agreed upon by me expected from the nemat distribution point to datirutioo, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser Shipments are made from greater distance may cause the work to be performed by the moss experiments means nodal le to it, and the Seller shall pay all wars associated with such work. Permits. Seller shall procure at sellers sole cart all necessary permits, cenificata and licenses required by all applicable laws, regulations, o ch. and rulex fthe state, municipality, term ry or political subdivision where the work is performed or required by my other duty committed public authority having jurisdiction over the work of vimder. Seller funher agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assened or established violation of my such laws, regulations, ordinances, tiles and requirements. Autho assint All parties to this conuact agree that the representatives are, in fact, bona fide and possess full and complete walionry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions steed herein set feed and my supplementary or additional terms and reactions annexed hereto or incorporated herein by reference. Any additional or dlfferenfterms and conditions proposed by seller are objem d to and hereby rejexted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of me essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate a a waiver of this provision. In the event of my 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 as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such not of God, acts of civil or military surhodnes, governmental priorities, fires, strikes. flood, epidemics, wars or hots provided that notice of the enditiom causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge hereof In the event of my such delay, the date of delivery shall be extended for the period equal to the come actually fort by reason write delay. 3. WARRANrY. The Seller warmer that all good, articles, materials and work covered by this order will cunfarm with applicable drawings, specifications, samples andor other descriptions gives, will In it for the purposes intended, and performed with the highest degree of care and temperance in accordance with accaptod stmdmd for work of a imilsr nature. The Seller agrees to hold the purchaser harmless from my loss. damage or expense which die Purchaser may suffer or incur on woman bribe Sellers breach of warranty. The Seller shall replace, refractor make good, without cost to the purchaser, my defecrs or faults arising within one (1) year or within such longer period of ame as may be prescribed by law or by the terms of my applicable warmly provided by the Seller after the data of cceptance of the goods famished hereunder (acceptance not to be ..only delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver any claim under this warranty. Except as otherwise provided in this purchase ordeq the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing warranties 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 widen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may major an e y changes to the terms, other than legal tams, including additionsor deleu ns fmm We qu romesoriginally ordered in me specifications or drawings, by verbal or wdm nchange order. If my such change affects the amount due or the time of informance hereunder, an equitable adjustment shill be made. 6 TERMINATIONS. The Purchaser may at my time by wnnim change ordeq [emanate Wit attraction as to my or all passions of the good Wm not shipped, subject to any equitable whicament hummen the podia as in my work or materials then in progress provided real the Purchases shall not be liable for my claims for anticipated profits on the mwmpleted Wiraon of the good and/or work, for incidental or consequmnal damages, and that no such adjustment he made in favor arms Seller with respect to any good which are me Sellers standard stock. No such termination shall relieve the Purchaser or me Seller of any of their obligations as to any goods delivered hereunder. Y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asseased within thirty (30) days from the date he change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shill have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods am subject The Seller shall execute and deliver such documents as may be ow wred in effect or evidence compliance. All laws and regulations required to be incorporated in agreements of his character are hereby incorporated herein by this refermoe. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, unsfeq or wmey his order, or my monies due or to become due hereunder without the prior wrinm consent of the other party. 10. TITLE, The Seller warrants full, clear and unstricted title to he Purchaser for at equipment materials, and items finished in performance of his agrmmmt free and clear of my and all liens, restrictions. raervmions, means, interact vmumline. and Gums ofothers. The Seller shall rela as the Purchaser and its contractors of any der from all liability and daunt of any nature resulting fmm the performance of such work. This release shall apply evm in the event of fault of negligence of the parry released and shall extend m the threctars, olficars and anwloyea of such parry. The Sellers contractual obligations, including wormnry, shall not be deemed w be reduced, in my way, because such work is portionnod or caused to be performed by the Pmcmer., 14. PATENTS. Whenever the Seller is required to use my design, device, mmenal or process covered by letter, patent trademark or copynght. the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the me of such printed design, device, mammal or process in overborrow with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the wmplenon 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 the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for me Purchaser the right to continue using said equipment or proms, replace me same with substantially equal but naninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall bacome insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tmstee for my of the Sellers property or business, this order may foMwih be canceled by the Purchaser without liability. 16. GOVERNING IA W. The definitions creamer wood or the interpretation of the agreement and the rights of all parties hereunder shall be consuued under and gevemod by the New of the Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hmeundn including the services of Sellers ReWrmandave(s), on the premises ofother, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk =tit the same is fully completed and accepted, and sladl, in case of my accident, destruction or injury to the work and/or materials before Sellers find completion and acceptance, complete the work at Sellers own expense and be the wri sfrrion of the purchaser, Whim minimal, and equipment are fumbled by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same ar the site and become responsible therefor as though such materials and/or equipment were being fumished by the Seller under the order. 18_ INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in commotion with the work covered by this purchase ordeq and/or to their dependents in accordance with the laws of she scare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited le, contractual and automobile public Liability inamance with bodily injury and death limits of an less, E3oo.aao for any one person, $500,000 for any one accident and property damage limit Far accident of 54N,M The Seller shill likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employed shall do my .,it upon the premises of others, the Seller shall furnish the Purchaser with it cernficam that such wmpenxa ion and insurance have hem provided. Such Comments shall specify the date whim such compensation and insurance have Now provided. Such ceraficata shall specify the date when such comymsatin and insurance expires. The Seller agrees tied such wmpenaation and insurance shall be command real after the mare work is cumphard and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumas the more responsibility and liability for my and all damage, was or injury of my kind or nature whatsoever to Persons or property caused by or resulting fmm me execution of the work provided for in this purchase order or in connection herewih. The Seller will indemnify and hold harmless the Purchase, and my or all of the Purchasers officers, 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 be put or subject by reason of my act, acaon, neglect, omission or default on me pan of the Seller, my of his contractors, or my of the Sellers or wntractoa officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees n assume the defense thereof and in defend the same at the Sellers own expense, to pay my and all costs, changes, attorneys fees and other expenses, my and all judgments mat 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 proprietary 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 m be dissolved and discharged by giving band or otherwise. The Seller and his contractors seal rake all safety precautions, furnish and insult ill guard necessary for the prevention of accidents, comply win ell laws and regulations win regard to safety including but withom liberation, the Occupational Safety and Health An of 1970 and all pries and regulations issued pmsuanl thereto. Revised 07a014