HomeMy WebLinkAbout129435 TELSMITH - PURCHASE ORDER - 2200307City of Fort Collins
Page Number: 1 of 1
City of Fort Collins
Delivery Date: 12/31/02
urchase Order number must appear on
Note:
packing lists, labels,
Buyer:
Date: 12/17/02
BLANKET
Purchase Order Number: 2200307
and all
Line Qty/Units Description Extended Price
3 1 LOT ADDENDUM TO PO #2200307 14,000.00
Total 14,000.00
__
This order Is '" alid over $2000 unless signed by James __
B. O_City of Fort Collins 'Neill II, CPPO, FNIGP Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6776 Fax: 970-221.6707 Email: infoaQci.fortcollins.co.us Fort Collins, CO 80522.0580
L COMNEERCIN1, DETAILS.
Invoice Address. To ensure prompt Payment mail invoices in duplicate to:
City of Fort Collins Accounfing Division
P.O. Box 580
Fat Collins, CO 80522
Tax exemptions. By statute the City of fort Collins is exempt from stets and local taxes. Our Exemption Number
is 98-04503. Pedeml Excise Tex Exemption Cmifirate of Registry 84-600058] is rcginered witM1 the Collator of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stators 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either whan shipped or due W defects
of damage in Rewit, may be resumed to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Pot Collins.
Inspection. GOODS am subject to the City of Fat Collins inspection on arrival.
Fund Acceprarra Receipt ofthe maclundise, xnim orequipment in response to this order can result in author
payment m the pan of the City of Fort Collins. However, it is in be understood that FINAL ACCEPTANCE is
dcpmdeat upon ampletim of all applicable sequird inspection procedures.
Freight Tens. Shipments must be P.O.B., City of Fort Collins, 700 Wood St, Fat Collins, CO 80522, unless
otherwise e,ocifid on this ado. If peon®ion is given to prepay freight and charge separately, the original freight
bill mart accompany invoice Additional charges for packing will not be acepted.
Shipment Distance. Where ..fin. have dubributing points in various parrs of the wormy, shipment is
expected from the noweit distribution point to discussion, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Paris. Sella shell procure a sellers sole cost all necessary permits, catific,..o and license required by all
applicable lawn, regulations, alines and rules of the sate, municipality, territory or political subdivision where
the work is performed, or required by my other duty castiutedpublic authority havingjurisdlction over -the work
of vendor. Seller further agrees to bold the City of Fort Collins harmless from and againt all liability and loss
incurred by them by reason of an meted or established violation of any such laws, regulations, ordinances, mica
and remittances.
Authorization All pmtim to this consist agree that the representatives are, in fact, bona fide and possas full and
canna w authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns and conditions stated
herein set Path and my supPlemrntary or additional terms and conditions amad hereto or imorymmd herein by
referma. Any additional or different teens and conditime proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arive out your
promised delivery data as need Time is mthe source, Delivery and performance most be effected within the time
smwd on the purchase order and the daumens marched hereto. No a s of the Purchasers including, without
IiaMtazion, acceptance ofpadal law deliveries, shall operate as a waiver of this provision. In the event of my delay,
the Puclater shall have, in addition to Mbar legal and omissible remedies, the option of placing this order elsewhere
and holding the Sella liable fa damages. However, the Sella shall not be liable fa damages an a react of delays
den to cases not assembly foreseeable which now beyond is reasonable control and without is Cult of negligence,
such am of Gad, am of civil or military mthorifies, governmental priorities, fires, strikes, flood, epidemic, wan
or rims p oridd that acres of the andltian carting such delay is given to the Purchaser within five (5) days ofNe
time when the Seller fiat received knowledge thereof In the event of my such delay, the doe of delivery shall he
extended for the period tyuc to the time actually lost by reason of the delay.
3. WARRANTY.
no Seller wvtnns that all goods, article, materials and work covered by this order will conform with applicable
drawings, specifiedora, samples and/or other descriptions given, will he fit fa the pugrwa inter" and pert d
with the highest degree of care and cormpewnce in aamosnce with accept mendadl fa wok of a similar nature.
The Sella apes to hold the purchnsa M1amless from my lass, damage a expense which the Purchaser may suffer
a incw m awmt ofNe Sellers breach of wesmty. The Sella sbull mplae, repair or make good wihmt cost to
the purchase my defers a faults arising within me (I) yea or within such longer period of time as may be
proscribed by law or by the terms of my applicable warranty Provided by the Sella after the data of acceptance of
the gods furnished hersunda (aceeptance not to be, unreavmably delayed), resulting Rom imperfect or defective
work does or mmerinls famished by the Sella Acceptance or use of goods by the Purchasa shall nee commus a
waiver of my claim under this warranry. Except we otherwise provided in this purchase order, the Sellers liability
hereunder shall awned to all damages proximately cased by the breach of my of she foregoing wa sain or
gwmnwe, bee each liabilby shall in no even[ include lose of pnfis a Ian of nse. NO U4LIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make change to legal tom by written change order.
5. CHANGES IN COMMERCIN- TERMS.
The Purchaser may make my changes in the tams, other than legal toms, including addition w a deletions from
the qumfitirs originally ordered in the specifications or drawings, by verbal or written change order. If my such
change affats the amount the or the time ofperformance hercunda, an equitable djwaent shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change under, terminate this optimism a to my or cl potions of the
goods then nee shipped, subject to my equitable adjustment between the parties as to my work a materials then in
progress Provided that the Purchaser shall not be liable fa my claims for anticipated profits on the uncompleted
potion of the goods and/or work, far incidented or canegoeatiul damages, and that no such adjustment he made in
favor of the Sella with repent to any goods which we the Sellen ismand smock. No such termination shall relieve
the Purchaser or the Sella of my of their obligations as in my goods delivered heeunda.
]. CLAIMS FOR ADNSTMENT.
Any claim fa edjwtmmt most be seated within thirty (30) days from the des the change or c nninaron is ordered.
S. COMPLIANCE WITH LAW,
The Seller wands that all goods wild harmcia shall have been produced sold delivered and Forma cd in strict
compliance with all applicable laws and regulations to which the goods we subject The Sella shall execute and
deliver such document an may be required to effect a evidenec compliance. All laws and mandamus required to
be inwrywased in agreemms of this csarcter are bercby incorporated herein by this reference. The Sella agrees
to indemnify and hold the Purchater hwmles from all cats and damages suffered by the Purchaser a.
result of
the Sellers failure in comply with such law.
9. ASSIGNAH?NT.
Neither party shall assign, transfer, or survey this order, or my mania due a to becoraw due hereunder without the
poor written consort of the otha party.
10. TITLE -
The Sella warrants full, clear and unrestricted title m the Purchaser for ell apilm ent, mateiae, and items famished
in performance of this agreement, free no clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereaf, failure or delay to
exercise any rights or remedies provided herein or by law, failure in promptly mfify the Sella in the event of a
breach, the accepmnce of or payment for goods hereunder or approval of the design, shall not release the Sella of
any of the warranties or obligations of this Purchase order and well not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies in to any such goods, regardless
of when shipped received or accepted as to any prior or subsequent default hereunder, nor shall any puryortd marl
modification or rndsaim of this purchase order by the Purcbaser wastes, in a waiver of any of the tears hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in some) economic praetia, overcharges resulting from antitrust violazioru
wo in fact bone by the Purchaser. Thereardne, fa good muse and an wondered. for morning this Purchase order,
the Seller hereby avgrre to the Fmcbmer any and all claims it may vow have or bomber acquired unta Extend or
Haze summit laws for such overcharges relating in the pare iculo goods or services purchased or acquired by the
Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purolator directs the Seiler to correct nonanforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to he prformed by the most expeditions means available to it and the Sella shall pay all was
associated with such work.
The Sella shall release the Purchaser and is contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shal apply even in the event of fault of negligence of the party released and shall extend to the commit,
officers and employee of such party.
The Sellers cmaacmaz obligation, including warranty, shall not be dearnd to Is, reduced, in my way, Luaus such
work is performed or caned to b, performed by the Purchases.
14. PATENTS.
Whenever the Sella is required to use my deign, device matale or process covered by latter, patent aid.),
or copyright, the Sella shall indemnify and save besides the Purchaser from any and all claims for infringement
by reason of the we of such patented design, device, imperial or process in amection with the contract, and shall
indemnify the Purchaa for any cost, expense a damage which it may be obliged to pay by mum of such
infringement at my time during the prosecution a after the compldm of the work In case said equipment, or my
pat thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said
equipment or pat is enjoined, the Sena shall, at is own main and a is option, either procure for the Purchaser
the right in continue using said equipment or bars, replace the same with substantially equal but non-infiinging
equipment, or modify it so it becomes non -infringing.
15. INSOLVENCY.
If the Sella shall Ea. insolvent or bankrupt make an assignment for the benefit dandipirs, appoint a receiver
or trustee fa my of the Sellers property or business, this order may foMwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definition of terns used or the intap oratim of the agreement and the rights of all parties hereunder shall he
anstrued under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in ones where the Sella is in perform work hereunder, including
the services of Seller Reprernutive(s), on the premises of tubers.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk mil the same is fully completed and scatted and shall, in
case of my naident darruaim a injury to the work and/or materials before Seller's final completion and
acceptance, complete the work a Seller's own expense and to the sa isfaction of the Purchases. When materials and
equipment are famished by others for installation or erection by the Sella, the Sella shall receive, unload, Hoe and
handle same at the site and become responsible therefor as though such materials and/or equipment were being
minimal by the Sella under the order.
I8. INSURANCE
The Sella shall, at his own expense, provide for the payment of worker comprnsetion, including owupational
disease bensfies, w is employees employed on a in wmam. with the work wverd by this Purchase order, .d/a
to their dependms in acadmce with the laws of the since in which the work is to he done. The Seller shall also
tarty comprehensive general liability including, but not limited to, command and awanobile public liability
insurance with bodily injury and death limits of a least $300,000 for my me perm, $500,000 for MY me accident
and property damage limit per accident of $400,000. The Sella shall likewise require his contractors, if my, to
provide for such compmsaion and insurance. Before my of the Sellers or his contractors employees shall do my
work upon the premise of offers, the Sella shall famish the Paebasa with a cetifiete that such ampemaion and
insurance have bear provide. Such certificate shall specity the dew worn such compensarm and insurance have
barn provided. Such certificates shall specify the doe wben such component. and insurance explore. The Sella
agrees that such compensation and notorious shall he maintained mtil after the entire work is completed and
acepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assume the entire responsibility and liability fa my and el damage, lea or injury of my kind
or nature whomever to persons a poporty caused by or resulting from the examine of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and bold harmless the Purchaser and my
a all of the Porchaas offices, agam and employees from and again[ nary, and all chums, Imes, damages, chn s;
or expense, whether direct or indirect, and whether to pen cos or property to which the Purchaser may he put or
subject by ream of my era, maim, neglect, minim or defect on the pan of the Sella, my of his commumns, or
my of the Sellers or contracmrs officers, ogres or employees . In me my suit or other proceedings sbel be brought
against the Purchases, or is offices, w,wx or employees at my time on account or by ream of my act, action,
neglect omission or default ofNe Sella of my ofbis contractors or my of is a their officas, Man" a employes
as aforesaid, the Sella hereby agrees to mums the defense thereof and to defend the same a the Sellers own
expense, to pay my and all cuss, charges, anwmeys fees and other expenses, my and all judgmens that may he
incurted by ormumed against the Patch. or any of I. or their officers, agaw w employers in such is or other
proceedings, and in can, judgment or other lien be plod upon or obtained against the property of the Pinch am,
or said parties in or a a result of such suits or other proceedings, the Sella will at once cause the same in be
dsonlvd and rummaged by giving bond or otherwise. The Sella ad his cminco m shall take all safety pwcauuos,
famish and install all guards remsay fa the prevention of accidents, comply with all laws and regulations with
regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mice and
regulation issued pursuant thereto.
Revised 1 Fit