Loading...
HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATION CORP - PURCHASE ORDER - 3212345City of Fort Collins Date: 02/23/2012 PURCHASE ORDER Vendor: 124503 SAGE TELECOMMUNICATIONS CORP 6700 RACE ST DENVER Colorado 80229 PO Number Page 3212345 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 02/22/2012 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 Underground Services - Bores 1 LOT LS 50,000.00 Annual PER TERMS AND CONDITIONS OF BID 7223 Total Q . 0rW-$ 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 statute the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 99-01502. Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomtanec of the terms and conditions hucof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or reined ics provided herein or by law. failure to promptly notify the Sit ley in the event of a breach, the acceptance of or payment for goods hercunda or approval of the design, shall not release the Set ley of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wmmmi„ or obligations of this purchase order and shall not be doemed a waiver of any right of the damage in imnsit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfnmmanec hcrcofm any of its rights or remedies as to any such grouk, regardless instructions from the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported real mMilmmine or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, scrvieeS or equipment in respoec to this order can result in 11 ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be undastord that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent open completion ofall applicable required inspection procedures. violations arc in fad borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase under, the Seller hereby assigns to the Purchaser any and all claims it may new have or heren Per Freight Terns. Shipments most be F.O.P., City of Fen Collins. 700 Wood St.. For, Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or servieas otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser 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 points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defcctiyc goods by a date to be agreed upon by the expected form the ncarest 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 ore made From greater distance. may cause the work to he polnmmd by the most expeditious means available to it, and the Seller shall pay all costs associalcd with such work. Permits. Seller shall Procne, at sellers sole cost all necessary permits certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfommcd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller farther agrees to hold the City of Fen Collins harmless fmm and against all liability, and loss incurred by them by reason of an asserted or established violation of any such Imes, regulations, ordinances, rules and requirements, Authorization. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said pmtic,. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary oradditional terms and conditions annexed facto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hucby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaser., including, without limitation, acceptance of partial Irate deliveries, shall operate as a waiver of this provi,icn. In the event of any delay. the Purchaser shall have, in additinn to other legal and equitable remedies, the option off lacing 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 ofnegligcncc. such nett of God, acts ofcivil or military authorities, governmental priorities, rims, strikes, flood, epidemics wars or riots pmvidM that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knnwhubm thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthc delay. t. WARRANTY. The Seller warrants that all goods, articles, tribunals and work covered by this order will conform with applicable drawings. specifications, samples and/or other daeription 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 harmlr.¢ fmm any loss, damage or experoc 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 (I) year or within such longer period of time as may he pmwribcd by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pumhawr shall not constitute a waiver crony claim under this wamaty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing worn title, or guarantees. but such liability shall in no event include loss of profits of 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 temw 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 front the quantities originally ordered in the speeifientinns or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperfomlancc hawmder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all ponions of the ,.its then net shipped, subject to any u nitable adjustment heo,evo the panics as to any work or materials then in progress provided that the Purchaser shall not be 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 good, which are the Scllersstandard 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 most be as. abed within thirty (30) days from the date the change or Iverinatinn is ordered. R. COMPLIANCE WITH LAW, The Seller warfare, that all goods sold huci nder shall have been Produced sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documentsus maybe required to effect or evidence compliance. All Imes 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 hamdcc fmm all costs and damages suffered by the Purchaser as a result of the Sellers 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 party. 10. TITLE. The Seller write, nts full, clear and armstricted title to the Purchaser for all equipment, materials, and items fumishcd in mrfnmanec of this agreement, free and clear of any and all liens, restrictions. reservations, security interest enammbrances 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 of such work, This release shall apply even in the event of Paull of negligence of the party released and shall extend to the directors, u0icers rain employees ofsuch party. 'rhe Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or processcovered by letter, patent, trademark m copyright, the Seller shall indemnify and snvc hrmness the Purchaser from any and all claims for infringement by reason ofthe use of such patcmcd 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 prosecution or ff er the completion of the work. In case said equipment. or any part 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 turn 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. 15. INSOLVENCY. If the Seller shall beer.. insolvent or bankrupt make an assignment for the hcncfit of creditors, appoint a receiver or tnutee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmmm, used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be constmcd under and governed by the laws 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 Scllers Representative(.q, on the premises ofotherz. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at 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 Shccrs final completion and acceptance, complete the work to Shccrs on expense and to the satisfaction of the Purchaser. Whce materials and equipment me furnished M others for installation or erection by the Seller, the Seller shall receive unload, store and handle same at the site and baranc responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall. at his own expense, pmvidc for the PaymmTt of workers compensation, including occupational disease hercia,, 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 laws of the state in which the work is to be done The Seller shall also cony comprehensive general liability including, but not limited to, contractual and automobile public linblity instowme w4tb bodily injury and death limits ofto ]cast S300,000 for any one person. S500,000 for any one accident and property damagc limit per accident of S/00,000. The Seller shall likewise require his nntndors, if any, to provide Gm such cnnmpunation and insurance, Before any of the Sellers or his cnorewors employees .shall do any work ,Pon the pemmises of olhcrs, the Seller shall furnish the Purchaser with if ecnifieaue that such compensation unit insurance have been Provided. Such certificates shall specify the date when such compensation and insurance hnvc 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 aficr, the entire work is completed and nceeptcd. 19. PROTECTION AGA INST ACCIDENTS AND DAMAGES. The Seller hereby asswmes the entire responsibility and liability for any and all damagc, loss or injury ofany kind or ratum whatsoever to persons or property caused by or resulting fmm the execution ofthe work pmvidM for in this Purchase under or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any or all of the Purchasers officers, agent, and employees form and against any and all claims, losses damages. charges or expenses, vvhcthcr direct or indirect and whether m persons or popery to which the Purchaser cony No put or suhjcn by reason of any act, actioneglect emission neglecemission or default on the pan of the Scllcr. any of his contractors, of any of the Scllers or contmetom officers. agents or employees. In ease any suit or other proceeding, shall be brought against the Purchaser. or its officers. agents or employees at 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 officers. agents or employees as aforesaid, the Sit ley bueby agrees to as, time the defence thercof and to defend the sune at the Scl hers own expense. to pay any and all costs, charges, attorneys fees and other csfurres, any and all judgments that may' be incomed by or obtained against the Purchaser or any of its or their offects. ,agents or employees in such snits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will a1 once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safcw precautions. furnish and install all pounds 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 197n and all mlcs and regulations issued pursuant theme. Rcviecd 03/2010