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HomeMy WebLinkAbout353066 COLORADO COMMUNICATIONS SPECIALIST INC - PURCHASE ORDER - 9120341PURCHASE ORDER PO Number Page City Of///��� 9120341 1 of z Collins This number must appear Fort C` ,�—,J`-' ` on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 353086 Ship To: ELECTRIC UTILITIES COLORADO COMMUNICATIONS SPECIALIST INC CITY OF FORT COLLINS 1546 N WASHINGTON AVE 700 WOOD ST LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 01/23/2012 Buyer: OPAL DICK 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 Ordered Unit Price Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 Electric Meter Shop Total $10,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smtute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Fdi lure of the Purchaser to insist opon strict pefomance of the tells and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (RcE Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet .ryeci ficaions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall nut he deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except open receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to are such goods, regardles insmatiom form the City of Fen Collins. of when shipped. received or accepted. as to any prior or subsequent default hmcnnder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS art subject to the City of Fen Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to 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 procedures. violations arc in fact home by the Purchaser. 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 hereafter Freight Tells. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fen Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. 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 manufnctomrs 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 are made from greater distance. Permits. Seller shall pmeure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the %rate, municipality, territory or political subdivision where the work is perfomhM, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fen Collins hamlets from and against all liahility and loss incurred by them by reason of no asserted or established violation of any such laws, regulations, nnlinances, rules and requircmmas. Authorization. All parties to this contract acres that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tcmw and conditions annexed hereto or incorporated herein by reference. Any additional or dilTerent terns and conditions proposed by seller arc objected found 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 meal he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaing this order elsewhere 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 reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, governmental priorities. fires, strikes, flood, epidemics. ware or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seiler 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 afflict delay. t. WARRANTY. The Seller ..at., 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 Po for the purposes intended, and performed 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 from any lots, damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchase,, any defects or faults arising within one (H year or within such longer period of time as may he prescribed by law or by the teems ofany applicable wamnty provided by the Seller after the date of acceptance of the goods famished hereunder (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 otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing %atomics or guarantees. but such liability shall in no event include dos of profits or lots of usc. 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 Purhhaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser 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 adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler wamnts 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 in he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purcbawr 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 of the other party. 10. TITLE. The Scllcr wamets full, clear and unrestricted title to the Purchaser forall cquipment materials and items furnished in perfommnce of this agreement, free and clear of any and all liens, restrictions. rescromiont security interest encumbrances and claims of others. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller he coned nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller therenRer indicates its inability or nmvillingnes to comply, the Purchaser may cause the work to be performed by the moat expeditions means available to it, and the Scllcr shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier From all liability and claims of any natnrc resulting from the performance 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, ofcers and employees ofsuch parry. The Seller's contractual obligations. including wamnty, shall not be doomed to be reduced, in any way. because such work is Performed or caused to be perfomnl 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 hnmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material on process in connection with the concoct. 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. on 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. either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. I5. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scl lens properly or business this order may (ontoith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The dclinitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shell be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Representative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seiler shall cam on said work at Scllcrs own risk until the snnm 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 Sellers own expense and to the satisfaction of the Pnrehascr. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide fer the payment of workers compensation, including occupational disease beacrits, 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 Imes of the state 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 Imbility insureacr with bodily injury and death lino its of at [cast S300,e00 for anyone person. 5500000 for any one accident and property damage limit per accident of S40( fR)0 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 others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such cenificates shall specify the date when such compensation and insurance hate been provided, Such cenificates shall specify the date when such compensation had insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to protons or property caused by or resulting from the execution of the work provided for in this purchase orderer in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees From and against any and all claims, losers, 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 pan of the Seller. any of his contractors. or any of the Sellers or eontmeters oRecrs, agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its effects, agents or employees at any time on account or by reason of any act, action, neglect, omission at 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 assome the defense thereof and to defend the same at the Sellers corn expense, to pay any and all costs, charges, ammeys 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 .suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the properly ofhhe Purchaser. or said panics in or as a resell ofsuch suits or other proceedings. the Scllcr will at once cause the more 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 regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010