Loading...
HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATIONS CORP - PURCHASE ORDER - 3211362PO PURCHASE ORDER 321136er Page Fort of PURCHASE 11362 1.12 root CollinsI his numbermustappear \V`I v {,a ! ��7 �on all invoices, packing slips and labels. Date: 05/10/2011 Vendor: 124503 SAGE TELECOMMUNICATIONS CORP 6700 RACE ST DENVER Colorado 80229 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 05/10/2011 Buyer: JOHN STEPHEN 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 Electrical Conduit Boring Annual For Projects PER TERMS AND CONDITIONS OF-BID-7223� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James S. 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 30,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the temvs and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any right at remedies provided herein or by law. failure to promptly amity the Scllcnin the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall net 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcreofor any of it rights or remedies as to any such goods, fcgardlcss instructions from the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpnncd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subjcef to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT 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 tcmgnize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion o(all applicable required inspection pmeedoms. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller herchy assigns to the Purchaser any and all claims it may now hive or hereafter Freight Terms Shipments must be EO.ff.. City of Fort Collins. 700 Wood S1., Fun Collins CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise speci6cd on this order. I(permission is given to prepay freight and chmge aepnmtcly, the original freight purchased or acquired by the Purchnser pursuant 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 manufacturers have distributing point in various parts of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective grads by a date di agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller lhercafter indicates its inability or umwillingrocm to comply, the Purchnser shipments are made Form greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall practice at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality. territory or political suhlivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation crony such laws, regulations, ordinances, mlcs and requirements. Authorixation. All panics to this conttact agree that the mprescntatives ate, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly 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 referenec. Any additional or different terms and conditions propene l by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to cam Cs not reasonably foreseeable which are beyond it reasonable control and without it fault of negligence. such acts of God, acts ofcivil or military authorities governmental priontics. fires, strikes. food, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge 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 goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be 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 agrca to hold the purchaser ham Ims from any loss, damage or expense which the Purchaser may suffer or 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 be prescribed by law or by the terms ofany applicable waranry provided by the Seller after the date of acceptance of the goods furnished hcrcundu (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as mhcrwisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of fhe foregoing ondamics or guarantees, but such liability shall in no event include Ions ofpmfit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CIIANGES 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 terms, other than legal mods. including additions to or deletions from the quantiuics originally ordered in the specifications or drawings, by verbal or written change order. 1f any such change affecm the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to any or all functions of the gulls then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seiler with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assencd within thirty (30) days from 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 furnished in strict compliance with all applicable laws and regulations to which the good 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 incorporated in agreements of this character arc hereby incogomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamilcm from all costs and damages suffered by the Purchaser u a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the poor written consent ofthe other parry. 10. TITLE. The Scllcr warrants full, clear and unrestricted title In the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release .shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. oMcem and employees of such pony. The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any wary, 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 process covered by letter, patent. trademark Or copyright, the Seller shall indemnify and save ha others the Purchaser from any and all claims for infringement by reason of the use of such patented design, device. material or process in connection wish the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch 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 constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, cither.precure for the Purchaser the right to continue using said equipment or parts, replace the saute with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint o receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed underand governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder, including the services of Scllcr, Represcnrative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall entry on said work at Shccrs 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 Seller's final completion and acceptance. complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmcrials and equipment are furnished by others for installation or erection by the Seiler. the Seller shall receive, unload. store and handle more at the site nod beeomc responsible therefor as though such nv tcrials and/or equipment were being famished by the Seller under the order . 19. INSURANCE. The Scllcr shill, at his own expense, provide for the payment of workers compensation, including occupational disease bencfts, to its employees employed on or in connection with the work covered by this purchase order. and/err to their dependent in accordance with the Imes of the stute in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at least S300.000 far nay one person. $500,000 for any one accident and property damage limit per accident of S400.000. The Seiler shall likewise require his conuacoms, Katy. to provide for sac la conmpensaion and insurance, Before any of the Sellers or his contractors employees shall de nny work upon the premises ofothcrs, the Seller shall furnish the Purchaser with a cenificau, that such mmpensution and insurance have been presided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabiliy for any and all damage. loss or injury ofany kind or nature whatsoever to persons or Property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller wi 11 indemnify and hold harmless the Purchaser and any or all of the Purchasers olToers, agents and employees from and against any and all claims, losses damages, charges or expenses. whether direct or indirect, and whether to persons or pronerry to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit on mhcr proceedings shall be brought ngtdom the Purchaser. or its officers, agents or croployecs rat any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expanse, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of ids 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 property ofthe Purchaser, or said panics in or as a result of such suits ormhcr proceedings. the SCller will at once cause the xamc to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall lake all safety precautions, famish and install all guards necessary for the prevention of accidents comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant fiction. Revised 03/2010