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HomeMy WebLinkAbout132296 CERTIFIED POWER INC - PURCHASE ORDER - 9150721Fort Collins Date: 01/30/2015 Vendor: 132296 CERTIFIED POWER INC 3915 DELAWARE AVE SUITE 1 DES MOINES IA 50313 PURCHASE ORDER PO Number Page 9150721 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/30/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket Order 1 LOT LS 10,000.00 Misc. Parts to cover the cost of miscellaneous parts for fiscal year 2015. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods .. and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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 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. COMMERCIAL DETAILS. Tax exemptions. By mime the City of Fort Collins is exempt team spite and local lases. Our Exemption Number is I I. NONWAIVER. 98-04503. Federal Fxcin Tax Exempton Catificme of Registry 84-600058/ is registered with she Collector of Failure of the Purchaser to insist upon strict perfmmaace of the tattoo all conditions hereof, failure or delay to In4mal Revenue, Drove, Colorado (Ref. Colorado Revised Staples 1973, Chapter 39-26, 114 (af exeaise any rights or remedies provided herein or by law, failure to promptly many the Seller in me event of a breach, the acceptance arm payment for goad hereunder or approval of the design, shall not release the Salles of Good R pared. GOODS RELECfED due to Entire to meet specifications, either when shipped or due to defects of any of the numeric or obligations of this purchase order and shall me In deemed a waiver of any tight of she damage in permit, piny be retamed to you for credit and are not to be replaced except upon receipt of wrimen purnableat to most upon stun performance hereof or my arms rights or families as to any such good, regardless instructions from the City of Fort Collins. of when shipped, received or arm card, as many prim of subsequent default heeundeq ror shall any purported and modification or rescission of this purchase order by the Purchase opeam re a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, humor. Final Acceptance. Receipt of the merchandise services or equipment in rapome to this older a result to 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL Sella and the Purchaser rrompize that in adml a penhilt, practice, Overcharges reltinfro g m nmitrost nfor rgood ACCEPTANCE is dependent upon completion of all applicable required inspection pnwcdures. violations are in fad home by the Purchaser. Theretofore, cause and as consideration for executing this purchase order, the Seller hereby assigns to the Puchaser any and all claims it may now have or hereafter Freight Teens. Shipments must be F.O.K. City of Fort 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 spo ifiel on this code, 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. Shipment Distance. Where manufacturers have distributing points in curions pans of the country, shipment is expaded from the nearest distribution point to destination, and excess freight will is, dodged from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary protons, cmificarcs and license required by all applicable laws, miniboom, ordinances and piles of me slate, municipality, prompt, or political subdivision where the work is performed, or required by any other duly combined public authority having jurisdiction over the work of candor. Seller fuller agree to hold the City of Fall Collins harmless from end against all liability and lass incurred by them by reason of an asserted of esablished violation army such laws, regulations, ordinances, piles and replacements. Authorization. All parties to this contract agree that the ismome maims are, in fact, beau fide and possess full and complete mthonly to bind said parries. LIMITATION OF TERMS. This Puahau Order agreed, limits acoePrance, m the terms and conditions stated herein son forth and any supplementary or additional terms and conditions annesed hereto or inumpomted herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby jeered 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arnica on your pmmisad deliverydue ns noted. Time is of the essence. Ddivery anJ performance must be effected within the lime stated on the puehnse order and the documents attached hereto. No acts of the Purchasers including, without limiation, mcepmnce of partial late deliveries, shall operate m a waive, of this provision. In the event army delay, the Purchase, 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 Sella shall not be liable for damages as a mean of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acre of Gal, acts of civil or military authamoies, governmental priorities, fires, strikes, flood, epidemics, wars or minis provided that notice of the conditions causing such delay u given to the Purchaser within five (5) days of the time when ere Seiler first received knowledge thereof. In the event of any such delay, the doe of delivery shall be extended for the period equal to the time zcmally last by round ofthe delay. 3. WARRANTY. The Seller warrants that all good, snicks, materials and work covered by this older will conform with applicable drawings, specifications, samples and/or other descriptions gives, will M fit for the proposes emended, and performed with the highest degree of care and competence in accodance with accepted standards for work of a milar .,one The Seller agree to hold me purchaser harmless from any loss, damage or espeme which the Purchaser may mR or incur on account ofine Sellers breach ofwamanty. The Seller shall replace, repair or make gall, without cart to ere purchaser any defects or (malts mixing within one (1) year or within such longer period of time as may be prescribed by law or by ere teams of my applicable warranty provided by the Sella after the date of acceptance of the good f rmuaed hereunder (merytance not to be unreasonably deiayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of good by me 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 my of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHAWA13ILT I Y OR OF Ft rNESS FOR PURPOSE SHALL, APPLY. 4. CHANGES IN LEGAL TERMS. The Purehmer may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. no Purchase may make any changes to the rem¢, other than legal ta—. including additions to or deleimns Gom the quantities originally ordered in Lie specifications or drawings, by calbal or woman change older. If any such ,lunge affects the amount due or the time ofpalmomame hereunder, an equitable achur ment shall be made. 6.TERMWATIONS. The Purchaser may at any time by within change under, terminate this agreement as many or all portions of the goad then root shipped, subject to any equitable adjtaunent between the panics m fo any work or materials men is progress provided that the Purehmer shall not be liable for any claims for anticipated profits on the uncompleted wition of the good am for work, for incidental or monasterial damages, and that no such adjuamenl be mode in favor of the Seller win respect m avy goods which ere the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations m to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted winin fairly (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished 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 immigrated ted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamslesS from all corm and damages suffered by the Forefront as a result of ere Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tremfer, or convey this order, m any monies due or to Income due hereunder withom the 'nor written comenl of me other parry. 10. TITLE. The Sella warrants full, clear and umeso-icted tide tonic Prompor fro all equipment, matmals, all items finished in pall of this agrennenL five and clan of any and ell liens, restrictions, rarnafoa, meariry interest encumbrenca and claims crackers. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaer directs the Seiler to tarred nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seiler shall pay all ants associated with such work. The Seller shall mime the Purehmer aced its contractors of any tea farm all liability and claims of any nature resulting boom the perfamsame of such work. This release shall apply can in the event of fault of negligence of the putty relented and shall extend tome directors, officers all employees of such party. The Settees contractual obligations, including warmnry, snail not be dmmed to be reduced, in any way, barren such work is performed or caused to be performed by the Purehzur. 14. PATENTS. Whenever the Sella is required to me any design, desire, material or process covered by letter, patent, Irmancork or copyright, the Seller shall indemnify and save harmless the Pumhuer from any and all claims for infn'ngcmem by ration of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infraction, at any time during the prosecution or after the completion of the work. In can said equipment, or any pan thereof Or the intended use of the goods, is in such suit held to constitute infrinWrian unit the use of said equipment or part is enjoined, the Seller sbull, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfnnging equipment, or modify o so o becomes aaninGrnging. 15. INSOLVENCY. If ere Seller shall become insolvent or bartlampt, make an assignment for the benefit of creditors, appoint a number or .,,a for any of the Sellers property ar bmnan, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The deftnitiom offerors ucd Or the intenprearm ofilm agreement and the rights of all parties hereunder, bad[ be construed under and governed by Ote laws of the State of Colorado, USA. The following Additional Conditions apply only in aces where the Sella is to perform work hemmder, packaging the services of ShcOm R,mnnDtiv.(,), on me premise of odrcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Seller's owo risk unfit the same is fully completed and accepted, and shall, in can of any accident, destruction or injury to the work major materials before SeIIMs final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purclanr. Whed materials and equipment are famished by others for monllation or erection by the Seller, the Seller shall receive, unload, store and handle same at the sire and become responsible therefor as though such materials and/or equipment want ban, fmishul by the Seiler under the ,it,,. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers companion , including occupatiomvl 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 of ere state in which the work is to be dono The Seller shall also carry comprehau ve general liability including, but not limited to. commerical and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,00D for any one accident am property damage limit per accident of S40 ,0o0. The Seller shall likewise require his ammucto s, if any, to Provide for such competmrion and immune. Before any of the Sellers Or his contractors employees shall do any work upon the premises of others, me Seller shall ftunish the Purchaser win a certificate that such compensation and insurance have been provided. Such emificates shall specify the date when such compensation all imumnce have ban provided. Such certificates shoo specify ere date when such compensation and insurance expires. The Seller agrees chat such compensation and insurance shall be complained and after the entire work is don'ts M are accented. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mapomibiliry and liability fro any am all damage, loss at injury of any kind or nature whatsmver to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offers. agents and employees from and imust any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which tha Function, may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his contmetors, or any of the Sellers or contractors afters, agents or employees. In case any suit Or other proceedings shall be brought against he Purchases, or its ofcers, agents or employees at very time on account or by no Of any act, action, neglect, omission err default of the Seller of any of his contractors or any Of its err their Officers, agents or employees as aforesaid, the Sella hereby agree to assume the defense thereof and to defend the same at Sellers own expense, to pay any and all cots, charge, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or then officers, agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the properly of the Purchaser, or said parties is or as a mull of such suits or other proceedings, the Seller will at once cause the same to be dissolved all discharged by giving hoed or otherwise. The Seller and his contmnors shall take all safety precrmiom, Spanish and install all goad am., for the prim admix of accidents, comply with all laws all regulations with egad to safety including• but without limitation, the Occupational Safety and Health Act of 1970 and all sales and replan. issued pursuant nerem. Revised 07nO14