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HomeMy WebLinkAbout472691 QWEST ASSET ACCOUNTING - BART - PURCHASE ORDER - 9111524City of Fort Collins PURCHASE ORDER Date: 03/14/2011 Vendor: 472691 QWEST ASSET ACCOUNTING - BART 5325 ZUNI ST ROOM 379 DENVER Colorado 80221 PO Number Page 9111524 t of 2 This number must appear on all invoices, packing slips and labels. Ship To: DOWNTOWN DEVELOPMENT AU #19 OLD TOWN SQUARE, SUITE FORT COLLINS Colorado 80524 Delivery Date: 03/14/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 RELOCATION OF QWEST LINES PER JOB AUTHORIZATION NO 0223KYQ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 105,403.13 Total $105.403.13 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcmis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By assume the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAIVER. 99-01502. Perham. I Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict perfommancc of the terms and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Slautes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of o breach, the acceptance ofor payment for goods hcrcunder or approval of the design, 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 wammics or obligations of this purchase under and shall not be deemed a waiver of any right of the damage in transit, may be reamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfnmmnce hereof many of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, mceived or accepted, as to any prior or subsequent default hereunder, nor shall any pugonc l oral modification or rescission of this purchase order by the Purchaser operate as a wniver of any of the terms Inspection. GOODS am subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice. Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedurcs. violations arc in fact borne by the Purchase, 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 hereffter Freight Temt. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fan Collins, CO 80522, unless featured under federal or stoic antitrust Incas for such overcharges relating to the particular goods or services otherwise specified on this order. If pemnission is given to prepay freight and charge separately, the original freight purchased m acquired he the Purchnscr ptummnt to this Purchase order. bill must accompany invoice, Additional charges for packing will not be accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacuu rs have distributing paints in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfnmring or defective goods by a date to he agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted fmm Invoice When Purchaser and the Seller.and the Scllcr thereafter indicates its inability of unwillingness to comply. the Purchnscr shipments are made fmm greater distance. may cause the work to he perfomned by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pemmitx. Seller shall procure at sellers sole cost all necessary pmnits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of she state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an aesened or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract farce that the mprescntatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order cspressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different teems and conditions proposed by seller arc objected to and hereby rejected. 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 the essence. Delivery and performance most be effected within the time stated can the purchase order and the daument attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late delivenes, shall upstate as a waiver of Ibis prevision. In the event of any delay, the Pmeh.,wr shall have, in addition to other legal and equitable remedies, the option of placing Ibis order elsewhere and holding the Seller liable for damages. HOaevcr, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without it fault of negligence etch acts of God, acts ofeivil or militarynuthorities, governmental p inotics, rims, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) drys of the time when the Seller first received knomlcdge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gads, articles, materials and mark covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffct car incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seller after the date of acceptance of the galls fumished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as Otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees but .such liability shall in no event include loss ofpmfits 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tent, other than legal tent, including additions to or deletions from she Quantifies originally ordered in the specifications ar drawings. by verbal or vi-itten change order. If any such change affects the amount due or the time ofperfommance hereunder. an equitable adjustmcnt shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustmcnt bctavven the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for anv claims for anticipated profits can the uncompleted portion of the galls and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any galls which am the Scllcrs standard stack. No such temnination shall relieve the Purchaser or the Seller Many of their obligations as in any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustmcnt must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incaTemted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchnscr as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. or any monies dim or to become due hereunder Without the poor written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reserrtnimu. security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any tier fmm all liability and claims of any nature resulting fmm the perfomn:mce ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers sad employees ofsoch party. The Scllcr., contmcmal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser, 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent. trademark of copyright, the Seller shall indemnify and save harmless the Purchascr fmm any and all claims for in0ingenncns by reason of the use of such patemed design, device. material or process in connection with the contract, and shall indemnify the Purchaser for any cnsl, expense on damage which it may be obliged to pay by reason of such infringement al any lime 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 constihde infringement and she use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace she same with substantially equal but frnninfringing equipment or modify it sec is becomes noninftinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, nppolnt a receiver or trustee for any of she Sellers pmperty or busines. this order may forthwith be canceled by the Purchascr, ithom liability. 16. GOVERNING LAW. The definitions of terms used or the imcmmmsion of the agrccment and the rights ofall panics hereunder shall be consumed under and governed by she Incas of the State of Coloado, USA. The following Additional Conditions apply only in cases where the Seller is m Perform work hereunder. including the services of Scllcrs Rcrmscnlative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work it 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 and/or materials before Scllcrs final completion and acceptance camploc the work as Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall rcccire, unload, stare and handle same it the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE The Seller shall, at his own expense, provide for she payment of morkem compensation, including occupmimml disease b ricrus, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependent in accordance with the la ws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automnhile Public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500,000 for env one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if env, to provide for such compensation and insurance. Before any of the Scllcr or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall famish the Purchascr with n ecrti0eam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such eompensmian and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until ffter the entire work is complctcd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby assumes the eatim responsibility and liability Fortuity and all damage. loss or injury ofany kind Or nature ,h.t,mvcr to persons or pmperty caused by or resulting from the execution of the work provided for in this purchase un cr or in connection hcrco ilh. The Seller will indemnify and hold hur nles the Purchaser and any or all of the Purchnscr., officers. agents and employees (mar and against any and all claims losses damages, charges or expenses whether direct or indirect. and whether to persons or property to which she Purchaser may be put or %objccl by reason of any act. action. neglect. omission or default on the pan of the Scllcq any of his contractors, or any of the Sellers or contractors oReers, agents or cmplo)'ccs. In case any suit or other proceedings shall be brought against the Purchaser, or its of vers, agents or employees at fay lime on account or by reason efany act, action, neglecl, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers man expense, to pay any and all costs, charges, astomcys fees and other expenses, any and all judgments drat may he incurred by or obtained against the Purchascr or any of its or their officers, agents or employees in such suit., or mhcr pmecedings, and in case jodgmmint or other lien be placed upon or obtained against 0m Property of the Purchaser, or said panics in or as a result Of such suits or oshcr pmccedings, the Seller will cat once cause the same in be dissohed and discharged by giving bond or otherwise. The Sellerand his contractors shall take all safety precautions, furnish and install all guards necessary for she prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational SMety and Health Act of 1970 and all talcs and regulations issued pursuant dictate. Revised 03/2010