Loading...
HomeMy WebLinkAbout284920 NEXANT INC - PURCHASE ORDER - 9106390PURCHASE ORDER PO Number Page City Of 9106390 1of2 `t Collinshis number must appear 1 '�7 on all invoices, packing slips and labels. Date: 05/3112012 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: 12/09/2010 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Ordered Extended Price 2 Energy Services Tec hnical 1 LOT EA 16,000.00 Assistance, General Admin. WO#NEX-10-02 CO #4 Addendum Addendum replaces PO #9123032 Total $16,000.00 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 94-N IIM5S7 is registered With the Collector of Failure of the Purchamr to insist upon Her performance ofthe terms 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, fnilurc to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any ofthe wamnties or obligations of this purchase order and shall not be deemed a waiver crony right of the damage in transit. may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon suict performance hereofor any of its rights or remedies as to any such goods. regardless instructions from the City of Fort Collins. of whin shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any parram e! mal mndificatian or reseissinn of this purchase order by the Purchaser cretin, as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereaf. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF AN'rfTRUST CLAI NIS. authorized payment on the part of the City of Tom Collins, Ilovevcr. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from maitnust ACCEPTANCE is dependent upon completion oral] applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onlcr, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins. 7M Rood St.. Fort Collins, CO 96522. unless acquired under federal or state antitrust laws for such ovcrchages relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge sepamtcly, 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufiehtrem have distributing points in vurimn parts of the country, shipment is tribe Purchaser directs the Seller to correct noncanfomting or defective goods by a date to be agrecd upon by nhc expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purehnscr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the Work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated With such work. Permits. Seller Shall procure, at sellers sure cost all necessary permits, certificates and licenses required by all applicable laws, regulations ordinances and roles of the state. municipality, territory or political subdivision where the work is performed, or requited by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and Inns incurred by Them by mason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Amhorir7tion. All panics to this contract agree that the representatives are. in fuel. bona Idc and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary, or additional terms and conditions annexed herein or incnrpnmted herein by reference. Any additional or different toms and conditions purposed 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 late as noted. Time is of the essence. Delivery and performance must he effected Within the time stated on the purchase order and the documents attached hereto. No acts of the Pnrchnscis including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crane delay, the Purchaser shall have, in addition to other Icgel and equitable remedies, the option nfplacing this order clsnvIwm and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due to cause not reasonably foreseeable which arc beyond its reasonable control and without is fault ofnegligcnce. such act, of Gnd, acts ofeivil or military authorities. governmental prionliea, fires. strikes. flood, 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 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 of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will cartoon with applicable dowing<, specifications. Samples and/or other descriptions given, will be fit for the purposes intended, and preformed with the highest degree of cam and eompetencc in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchascr hamlcss from any loss, damage or expense which the Purchaser may safer or incur on account of the Sellers breach of wamnly. The Seller shall replace, repair or make good, without cost 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 orany applicable vvamnty, provided by the Scller rficr the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Finished by the Scller. Acceptance or use of good be the Purchaser shall not constitute a waiver afany claim under this wamanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of any of the foregoing nemntics or guarantees, but Stich 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 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 nrdercd in the specification, or drawings. by verbal or Wrrumn change order. If any such change of i cts the amount due or the time ofperfomance hereunder. an equitable adjustment shall be made. h. TERMINATIONS. The Purchaser may at any time by Written change order. terminate this agreement as to any or all Factors of the goods then not Shipped, ,object to any equitable adjustment between the panics as to any work or materials then in f orgresc provided that the Purchaser shall net he liable for any claims for anticipated profits on the uncompleted pnnion ofthe good and/or work, for incidental or consequential damages. and that no such adjus scat he made in favor critic Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin• (30) day:, form the date the change or tcrouration is ordered. S. COMPLIANCE WITH LAW. The Seller vyamnts that all goods sold hercunder shall have been produced, sold, delivered and Furnished in strict compliance with all applicable laws and regulations to which the goods ire subject. The Seller shall execute and ddiver such documents as may be required to effect or evidence compliance. All laws and regulations required to be 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 coffered by the Pumhascr 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 at to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wr mins full, clear and unrestricted title to the Purchaser for all equipment, matelin is and items famished in performance of this agreement. free and clear of any and all liens, restrictions, resenntions, security interest encumbrances and claims of ohcrs. The Seller shall release the Purchaser and its commemrs 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 fault of negligence of the party released and shall extend to the directors, effect, and employees nCmch party. The Seller's contracbml obligationsincluding wamnty, shut] not be doomed to be reduced, in any way, bcemiec such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use am, design, device. material or process covered by letter, patent, trademark or copyright. the Scllcr shall indemnify and save hamlcss the Purchaser favor any and all claims for infringement by reason or the use of such patented design, device, material or process in connection with the contract, sad shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion Whir vvcrk. In case mid equipment, or any part 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 its own expense and of its option, either procure for the Purchaser the right to continue rising said equipment or parts, replace the same with substantially equal but nnninrringing equipment, or modify it So it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for The benefit of creditors, appoint a receiver or toaster, for any or 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 interpretation of the agreement and the rights oral[ panics hereunder shall he constmed 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 Wnices MSellers Represenmove(s), oa the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said iselk at Seller', own risk until the same is fully completed and accepted, and shall, in case of any accident. destnetien or injary, to the work and/or materials before Scllers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. Wnccn matcriats and equipment are furnished by others for installation or erection by The SCIIcL the Scllcr shall receive, unload. store and handle same at the site and become responsible therefor as though inch materials and/or equipment were being famished by the Seller ender the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit,, to its cmplayccs employed on or in connection with the work covered by this purchase order, and/nr to their dependents in seem mire with the laves of the state in which The work is to be done The Seller shall also carry comprehensive general liability including, bra not limited to, contractual and automohilc public liability insurance with bMily injury and death limits of m least S300.000 for any one person, $500.001) for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any Work upon the premises efuthers, the Seller shall furnish the Purchaser vwith a certificate that Such compensation and insurance have been provided. 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 and insurance shall he maintained until a0cr The entire work is completed and accepted. 19, PRO 'I-ECT'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hembe assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature Whatsoever to perons or property caused by or resulting from The execution of the work provided for in this purchase Twitter in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any ar all of the Purchasers effects, agents and cmplayccs from and against any and all claims, losses, damages. charges or expenses, whether direct or indirccl, and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act. action. neglect. omission or default on the pan of The Scllcr, any of his contractors or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Pureha,ucr. or its effects, agents or cnuployces 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 nilicers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the Same at the Sellers oven expense. to pay any and all costs, charges, anomey:s fees and other expenses, any and or 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 property MTh, Purchaser. or said panics 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 guard necessary for the prevention of accident,. comply vvill, all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010