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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9120896PURCHASE ORDER PO Number Page City of 9120896 t of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/10/2012 Vendor: 126722 Ship To: FLEET SYFOCOLLINS - MAIN SHOP WIRELESS ADVANCED COMMUNICATIONS CITY OF 3901 W SERVICE RD 835 WOO EVANS Colorado 80620 FORT COLLINS Colorado 80521 Delivery Date: 02110/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Equip. for unit 11112 1 LOT EA 8,633.91 Inv 216519 2 Equip. for unit 11113 1 LOT EA 8,633.91 Inv 216521 3 Equip. for unit 21086 Inv 216961/Fleet share v 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 EA 9,402.61 Total $26,670.43 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form slate aad local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry R46000597 is registered with the Collector of Failure ofthe Purchaser to insist upon shier p tformanee ofthe tears and conditions hereof, failure err delay to Internal Rmanuc, Denver, Colomdo (Ref. Colorado Revised Statutes 1973, Chapter 39-2G, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance ofm payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. may be rammed to yen for credit and arc not to be replaced except upon receipt of writers purchaser to insist upon strict performance hererfor any of its rights or mondics us to any such goods. 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 coal modification or m,ci,sion of this purchase order by the Purchaser operate as a nmr,c, ofany of the lens 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. ASSIGNMENT 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 from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and a% consideration for executing this purchase order, the Seller hereby assigns to fire Purchaser any and all claims it may aov have or hereafter Freight Terms. Shipment, most be P.O.B., City of Fort Collins 700 Wood St.. Fort Collins, CO 50522. unless acquird under federal or state mournsl Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to pmpay freight and charge separately, the original freight purchased or acquired by the Purchaser persnant 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 manutaehtrers have distributing point in carious parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he 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 thereafter indicates its inability or unwillingness to comply. the Purchaser shipments urc made from greater distance. may cause the work to be perfemred by the most expeditious means available to it, and the Seller shall pay if] cost, usseciatcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable bays, regulations, ordinances and rules of the state, municipality. territory or political subdivision where the work is perfumed, 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 hamdesa from and against all liabiliry and loss incurred by ]hem by reason of an asserted or established violation of any such laws, regulations, eminence,. rules .ad requirements. Authorization. All parties to this contract agree that the representatwes are. 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 mmu and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedieely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the lime stated oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without ]imitation, acceptance of lu nial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option ofplaeing this order elsewhere and holding the Seller liable for damages. However, the Seller shall net be liable for damages vs a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities. Gres, strikes, toed, epidemics, wars or riots Provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first receivd 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 ofthc 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 care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may.suffer or incur on account ofthe Scllcrs breach of warranty. The Scllcr shall replace. repair or make good. Without cast 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 warranty provided by the Seller aRer the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gods by the Purchaser shall not eommihtte a waiver ofany claim under this warranty. Except as olhenvise provided in this purchase order. the Scllcrs liability hcrcundcr shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or ginumdces, but such liability shall in no cwent include loss of profits or loss 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 Purchaser 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 order. If any such change affects the amount due or the time ofperformanee hereunder, an equitable adjustment shall be mode. fi. 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 egnitablc adjustment between the panics a% to any work or materials then in progress provided that the purchaser shall not be liable for any claims for anticipated profits on the uncmuplcted portion of the goods and/or work, for incidental or eonacquential damages, and that no such adjustment be made in favor of the Seiler With respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordcrcd. S. 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 aad regulations to which the goods arc subject. The Seiler 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 incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harnilcss from all costs and damages su Relied by the Purcha er as a result of the Scllcrs failure to comply With such law. 9. ASSIGNMENT. Neither party 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 furnished in perfomianec of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of othcrs. The Seller shall release the Purchaser and its contractors of any ticr from all liability and claims of any nature resulting from the performance nf,.ch work. This oulcasc shall apply even in the Cvcnt of fault of negligence of the parry released and shall extend to roc directors, officers and employees of such party. The Scller's contractual obligations, including womanly, shall not be deemed to be reduced, in any way, because such work is perfomtd or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use cry design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indenmify and save hamdess the Purchaser from 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 of such infringement many time during the prosecution or a0cr the completion of the work. In case said equipment, or any part thcrcof or the intended use of the goods, is in such suit held to constitute infringement and the use of said cgnipmcnt ar 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 moninfringing. 15. INSOLV ENCY. If the Seller shall become insolvent or bald mpt, make an assignment for the benefit 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 of terms used or the inonnuctation ofthc agreement and the rights of all panics hcrcundcr shall be construed undo and governed by the Imes ofthe 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 Reprcsentative(s), on the premises of othcrs. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dastrumion or injury to the work anchor materials before Sciler's final completion and acceptance, complete the Work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Scllcr, the Seller shall receive, unload. store and handle some at the site and beconm responsible therefor as though such materials and/er equipment were being furnished by the SCller under the order. IS. INSURANCE. The Seller shall. at his own aspen e, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covcrd 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability m,ur nee With bodily injury and death limits of at (cast S3mi1.0p0 for any one person. S500d00 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 ofthe Sellers or his contractors employees shall do any work upon the premises of othcrs. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such eenifieates shall specify the dale o laso such compensation .ad insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until vfier the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or anture whatsoever to persons or property caused by or msulling fmm the execution ofthe work provided for in this purchase ogler or in connection herewith. The Seller will indemnify and hold tactile,, the Purchaser and any or all of the Purchasers officers, agents and employees from and against env 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 ofany act, action, neglect. omission or default on the part of the Seller, any of his contractors. or any of the Scllcrs or contractors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa 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 oRccm. agents or employee% as aforesaid, the Scllcr hereby agrees to assume the defense thcrcof and to defend the same at the Sellers own expense, to pay any and all costs, charges. atomcys fees and other expenses. any and all judgment, 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 property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once 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 regulntfoas With regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant dictum. Revised 03/2010