Loading...
HomeMy WebLinkAbout102351 COMMUNICATIONS PRODUCTS & SERVICES INC - PURCHASE ORDER - 9112693City of art Collins Date: 05/11/2011 PURCHASE ORDER PO Number Page 9112693 t of 2 This number must appear on all invoices, packing slips and labels. Vendor: 102351 Ship To: ELECTRIC UTILITIES COMMUNICATIONS PRODUCTS & SERVICES INC CITY OF FORT COLLINS 1740 W WARREN AVE 700 WOOD ST ENGLEWOOD Colorado 80110 FORT COLLINS Colorado 80521 ` Ot a-tti d Gh 5 /II /II Delivery Date: 05/11/2011 Buyer: OPAL DICK Note Line Description Quantity Ordered UOM Unit Price Extended Price 1 10 - Vault 30"X48"X18" 20K Box 1 LOT LS 2,350.00 Vault PG3048181A 2 10- Vault Lid 30"X48" w/Secure 1 LOT LS 3,434.80 Cover Counter Bore Vault PG3048HABA 3 Special Order - 1 Time Fee 1 LOT LS 278.25 For Western Logo 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcm3s and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 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 tams and conditions hereof failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights Or remedies provided herein Or by law, failure to permptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, citha when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dmmed a waiver of anv right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hcreffor any of its rights or remedies as to any sareh Seed, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported owl modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject 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, ASSIGNMFNT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understoOd that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Thcrclnfom, for goad cmrsc and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or heroes Per Freight Tcros. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If Icrmis.%ion is given to prepay freight and charge separately, the Original freight purchased or acquired by the Purchaser pursuant to this purchase ostler. bill must accompany invoice. Additional charges for packing rill not be accepted. Shipment Distance. Wherc manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall Immure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rales of the 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 Fon Collins hamlcss form and against all liability and has, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authomation. All parties to this contract agree that the representatives am. in fact, bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order exprtssly limits acceptance to the terms and conditions stated herein set fnnh and any mpplemenmry or additional terms and conditions annexed hereto or incotpnmted herein by reference. Any additional or different tells and conditions pmposcd 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 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 Parehi son including. without limitation, acceptance of partial Ire deliveries, shall operate as a waiver of this provision. In the event of are delay, the Parchascr shall have, in addition to other legal and equitable remedies, the option ofplaeing this nder clsewhcm 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 arc beyond its muonable control and withntt its fi%ulu of negligence, such rots of God. acts ofcivil Or military authorities, governmental priorities, Gros, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Parchascr within five (5) days of tine 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 ofthe delay. 3. WARRANTY. The Seller want ads that all goods, analog, materials and work covered by this order will cralm m with applicable drawings, specifications, simples and/or other descriptions given. will be fit for the purposes intended, and perfommd with the highest degree of care and competence in accordance with accepted ,standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Term any loss. damage Or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may be prescribed by law or by the tcents of any applicable wammy provided by the Scllcr aficr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liabi liry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics 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 Parchascr may make changes to legal leas by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Parchascr may make any changes to the terms, other than legal terms, including additions to Or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change onto. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may ni any time by written change order, teminatc this agreement as to any or all Furriers of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materinis then in progress provided that the Pmrehnscr shall not be liable for any claims for anticipated pmfi s on the uncompleted portion of the goods and/or work. for incidental or consequential damages. and that no Stich adjustment be made in favor of the Seller with respect to any goods which arc the Scllem standard stork. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change Or numinatinn is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts 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 goods arc subject The Seller shall execute and deliver such documents as may be required to chat or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Parchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order. or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in pc llimmain c of this agreement, fret, and clear of any and all liens, restrictions, reservations, security interest cncumb nores wad claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If tuc Purchaser directs the Seller to correct nonconforming Or defective goods by a date to be agreed upon by tint, PtirehOser and the Sd1cr, and the Seller Ihercnftcr indicates its inability Or unwillingness to comply, the Ruchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pav all cost, associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomanec of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any may. because such work is performed or caused to be performed by the Pamhasdr. 14. PATENTS. Whenever the Seiler is required to use any design. device, material or process covered by letter. patent, trademark Or copyright, the Seiler shall indemnify and save hamlet the Purchaser form any and all claims for infringement by reason 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 ofsuch infringement at any time during the persecution or nfc, the completion .(the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at it own expense and at its option either proeure for the Purchaser the right to continue using said equipment or parts, replace the more with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bnnkrupl. make an assignment for the henern of creditors, appoint a 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 ofterms used or the interpretelion ofthe agrecrienu and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomde, USA. The following Additional Conditions apply only in cases whim the Seller is to perform, work hereunder, including the services of Sellers Representative(S), on the premises efothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the. awe is fully completed and accepted. and shall, in case of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllcrs Own expense and to the Satisfaction ofthe Purchaser_ When materials and equipment arc famished by Others for installation Or erection by the Seller, the Seller shall receive. unload. ,lore and handle wme at the site and become responsible therefore as though Such materials and/or equipment were being famished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense pmvidc for the payment of wOrkm compensation, including occupational disease benefits, to it, 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 the state in which the work is to be done, The Seller shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liability, insurance with bodily injury and death limits Of tat least S300.000 for any one person. $5m.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees Shall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifieatcs shall specify the date when such compensation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance expires. The Seller agrees that Stich compensation and insurance shall be maintained until after life entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby assume, the entire responsibility and liability Forney and all damage, log, or injury of any kind or nature whatsoever to persons tar pmpeny caused by or resulting form the execution ofthc work provided for in this purchase order or in connection hcrmvith. The Scllcr will indemnify and hold hamdcss the Purchaser and any or all of the Purchasers effects, agents and employees form and against any 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 any act. action. neglect omission or default on the part of the Seller. any of his contractors, or any of the Sellers or contractors ofecm, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its offccrs, agents or employees at any time on account or In, reason of anv act, action, neglect. omission or defoulu of the Seller of any of his contractors or any of its or their ORrcm agents or employees as ofnresud. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suit% or other pmecedings, and in ease judgment or other lien be placed upon or obtained against the pmpeny ofthe Purchaser, or said panics in or as a result of such suits or Other pmecedings. the Seller will at mace cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all guards necessary, for the prevention of accidents, comply with all laws and regulation, with regard to Safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thenctn. Revised 03/2010