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HomeMy WebLinkAbout284920 NEXANT INC - PURCHASE ORDER - 9123032PURCHASE ORDER PO Number Page City Of///��� 9123032 1 of z Flirt Collins This number must appear ,�—J`_' ` on all invoices, packing slips and labels. Date: 05/23/2012 Vendor: 284920 Ship To: ELECTRIC UTILITIES NEXANT INC CITY OF FORT COLLINS 1401 WALLNUT ST STE 403 700 WOOD ST BOULDER Colorado 80302 FORT COLLINS Colorado 80521 Delivery Date: 05/23/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Addendum to P.O. 9106390 1 LOT LS 16,000.00 Energy Services Technical Assistance, General Administration WO #NEX-10-02 CO #4 C3. Onuo2� 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 $16.000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local discs, Our Exemption Number is 98-04 502. Federal Excise Tax Exemption Certificate of Registry 94-6OM5S7 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 id. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due In defects of damage in transit. may be renamed to you for crdit and arc not to be replaced except upon receipt of written instructions from the City of Tom Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomanee of the terms and conditions hercof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofnhe design, shall not release the Seller of any of the warrnfle, or obligations Of this purchase order and shall not be deemed a waiver Uf any right of the purchaser to insist upon strict performance hereofornay of its rights or remedies as many such goods, regardless of when shipped, received or accepted. is to any prior ar subsequent default hereunder, Or shall any ouoffer! anal modification or rescission of this purchase order by the Purchaser operate as a maiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or cquipmcnt in respon is to this order can result in 12. ASSIGNhI ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to he undemtood that FINAL Seller and the Purchnscr recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection prefectures, violations are in fact borne by the Purchnscr. Theretofore. for good cause and as consideration for csenning this purchase order, the Seller hereby assigns to the Purchnscr any and all claims it may now have or hereafter Freight Terns. Shipments must be P.O.B., City of Fort Collins, ME Wood St., Fort Collins. CO 80522. unless acquired under federal or state intifmsl Imes for such overcharges minting to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately. the original freight pumbased or nequircd by the Purchnscr pursuant to this purchase order. bill must accompany invader. Additional charges for packing rill not be acccptcd. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance When, manuftcmmes have distributing points in various parts of the country, shipment is If the Purchaser direct the Seller to correct nonconfwrming or defective good by a date to be agreed upon by the expected fmm the memost distribution point to destination, and excess freight will be deducted forma Invoice when Pumhascr and the Scllcr, and the Seller thereafter indicates its inability or umvillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, ,ad the Scllcr shall pay all costs fix,ee cried with such vmrk. Pemtits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state. municipality, territory or political suhdiv$inn where the work is performed, or required by any other duly constituted public authority, having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fort Collins hamticc fmm and against all liability aad Inc, incurred by them by reason of an assured or established violation of any such laws, reg litions, onfimnces, rates and requirements. Antlimintion. All parties to this contract agree thin the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Putchasc Order expressly limits acceptance to the terms and conditions stated herein set faith and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc Objected loan(] hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make mmplete shipment to arrive on your promised delivery date as noted. Time is of the csscnce. Delivery and performance must be effcdcd within the time stated on the purchase order and the documents attached hereto. No act of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a wzivcr of this provision. In the event crony 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. Hmscwcr. the Seller shall not be liable for damages is a result of delays due to causes not MAscaubly foreseeable which are beyond its reasonable control and without its fault of negligence, such act Uf Gnd, act ofeivil or militarynuthoritics. governmental priorities. Ems, strikes, flood, epidemics. ears or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within dice (5) cloys 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 mason ofthe delay. 3. WARRANTY. The Seller warrant that all grad, articles, materials and work covered by this order will confront with applicable drawings. specifications. ,maples 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 Sclicr agrees to hold the purchaser harmless fmm ony loss. damage Or expense which the Purchaser may suffer or incur on account critic Scllcr, bmah of.waronty. The Scller shall replace, repair ormake good, withmtt cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be pnscribd by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the grad furnished hereunder(acceptance not to be unmasonnbly dclayd), resulting from imperfect or defective work done or material, furnished by the Seller. Acceptance or use of goods by The Purchaser shall not constitute a waiver ofanv claim Under this wartaary. Except as othmwise provided in this purchase Order, the Sellers liability hcrcundcr shall extend to all damages proximately caused by the breach of any of the foregoing warm. in des or guarantees, but such liability shall in no event include loss of pm fits or loss of use. NO IMPLIED WA RR A NI OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the corms, other than legal terms, including additions In or deletions from the gnantidcs originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time nfperformance hcrcundcr, an equitable adjustment shall be made. h. TERMINATIONS. The Pumhascr may at any time by written change order, terminate this agreement as to any or all functions of the gods then not shipped, subject to any equitable adjustment between the Panics as to any work or materials then in progress provided that the Pudehawr shall not be liable for any claims for anticipated profits on the unconplctcd 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 re,pect to any goods which are the Sellers sumdanl stock. No such Termination shall relieve the Pumhascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (301 days fmm the dace the change nr temhinminn is mdIcmd. R. COMPLIANCE WITH LAW. The Seller warrants that all good, sold hereunder shall have been pmduced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be 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 harmless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 hominder without the prim written consent of the other puny. IIT TITLE. The Seller warrants full, demand unrestricted title to the Pumhascr for all cquipmcnt, materials and items furnished in perfommnee of this agreement, free and clear of tiny and all liens, restrictions. reservations, security interest encumhmnccs and claims archers. The Seller shall release the Purchaser and its contractors Of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend In the directors. omcem and employees of Bach party. I re Seller's contrnetual obligations. including wemnry, .droll not be deemed to he reduced, in any way. because such work is performed or caused to he performed by the Pumhascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or procec covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser form anv and all claims for infringement by reason of the use of such patented design. device, material or process in connection with the mntmct, and shell indemnify the Purchaser for any cost. c, pense or damngc which it may be obliged to pay by reason of such infringement at any time during the prosecution or allcr the completion of 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 cquipmcnt or pan is enjoined. the Scllcr shall, al its own expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes fromaFringing. 15, INSOLVENCY. If the Seller shall become insolvent Or hankmpL make nor assignment for the benefit of creditors, appoint a racivcr or trustee for any of the Set lets property or business, this Under may trarthwi th he canceled by the Purchaser withand liability. 16. GOVERNING LAW. The definitions afterms Used or the interpretation nfibe agrccmcnt and the rights ofall panics hereunder shall be construed undercoat governed by fire laws Ofthe State of Colomdo, USA. The following Additional Coachman, apply only in cases where the Seller is to perform work hereunder, including the services Of Sellers Represenlalive(s). On the premises Ofothem. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work or Sellers own risk until the some is fully completed and acccptcd, and shall, in case of any accident. destruction or injury to the work and/or materials before Sclicr., final completion and acceptance, complete the work of Seller's own expense and to the smisfactinn Of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and laimpe snow at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE:. The Seller shall. at his own expense, provide for the payment of workers commpensmum. including Occupational disease benefit, in it 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 In, contractual and vutomobile public liability insurance with huffily adury and death limits of ut [cast 5300.000 forany one person, 5500.000 for any one accident and property damage limit per accident of S400.000. The Seller chili likewise require his contractors, if any, in provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the pmmises of othcrs, the Scllcr shall famish the Purchaser with a eendicate that such compensation and insurance have been pmcided. 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 trial insurance shall be maintained Until after the entire work is compered and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. T'he Seller hcrchy assmtmcs the entire responsibility and liability for any and atI damage. loss or injury ofanv' kind or nature whatsoever to persons or pmpcny caused by or resulting forma the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harness the Pumhascr and any or all of the Purchasers officers, agents and employees fmm and against any and ill claims, losses. damages, charges or expenses, whether direct Or indirect, and whether um persons or property to which The Purchaser any he put or subject by reason of any net, action, neglect. omission or default on the pun of the Seller. any of his Coanactors. Or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmec dings shall be brought against the Purchaser, or its oRecrs, agent or employees at any time On account or by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of its or their officers, ngcnt or employees is aforesaid, the Seller hereby agrees to assume the defense thereof and to defend The saute at the Sellers ow'n expense, 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 its or their officers, agents or employees in such suit or artier proceedings, and in ease judgment Or other lien he placed upon or Obtained against the pmpcm of the Purchaser, at said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be i ismh'cd 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 pmcvcarion of accidents, comply with all laws and regulations with regard to safety including. but mithout limitation, the Occupational Safety and lienhh Act of 1970 and all mica and regulations issued pursuant theaeto. Revised 0312010