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HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9140499 (2)Fort Collins Date: 01/20/2014 Vendor: 127569 FRONT RANGE INTERNET INC 3350 EASTBROOK DR FORT COLLINS CO 80525-5731 PURCHASE ORDERPO 914049er Page 140499 1c12 This number must appear on all Invoices, packing slips and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 01/19/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Phase 1 WIFI Install & Support Public WiFi for MAX BRT This PO addresses costs associated with Phase I of the RFP. See reference the contract for specifics City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fogov.com 1 LOT LS 11,760.00 1.760.00 Invoice Address: City of Fort Collins Accounting Department 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 Fort Collim is exempt from state end local taco. Our Exemption Numb" is 11. NONWAIVER. 9843a502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Colle"or of Failure of the Purchaser to leis, upon strict peformaace of the tenet and conditions hemor failure or delay to Imeout Roevuc. Denser, Colorado (Ref. Colorado Revised Statma 1973, Chapter 39-26, 114 (n). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall net at. the Sella of Goods Rejected. GOODS RE ECTFD due to failum to men spear fiadons, either when shipped or due to defects of any of (he warranties or obligations of this proal osc order and shall not be deemed a waiver of any right of the damage in transit, may be returned to yoo for credit and arc not in be replaced except upon receipt of wrinm Purchuxr to insist upon stria performance hemorar my ofirs rights or remedies res to myauchgoads,regardless insteucriom from the City of Fort Collins. of when shipped received or accepted. as to my prior or subsequent default hereunder, we shall any pumoned oral madificeliern or rescission ofthis purchase order by the Purchaser operate Us a waiver of my of the tams Inspection. GOODS are subject to the City of Fon Collins inspection on anneal. h"eof. Final Accepunce. Receipt of the murehmdise, services or equipmem in raprmsr to this order can result in 12. ASSIGVNIFNT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fell Collins. However, it is to be understood that FINAL Scllrr and the Purchaser recognize that in annul economic practice. overcharges tresuiting 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 as consideration forexccutimg this purchase order, live Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.D., City of Fort Collins, 700 Wood St.. Fall Collins, CO E0522, unless acquired order Irderl or state antitrust laws for such overcharges relating to the particular goods ar services otherwise speci Gad on this arder. If permission is given Io prepay freight and charge sryumtcly, the original freight purchased or acquired by Thr Purchaser pursuant to this purchase order. bill mot accompany invoice. Additional charges for parking will not he accepted Shipment Distance. Rthere manufacturers have distributing points in vanoux pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments ate nude from greater disurec. Permits. Sell" shall procure at sellers sole cost all necessary permits, certificate mJ licenses required by all applicable laws. regulation, ordinances and rules of the state, municipalay, territory or political subdivision he. the work is performed or required by any other duly constituted public authority hnvingpaisdiction over the work of vendor. Seller further agrees to hold the City of Front Collins haunt. from and against all liability and lass incurred by them by mason ofan asserted or established violation of my such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this central agree dud the aprescmatives me, in fats, dean fide and posusx fell and ..plot authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits aecepuner to Use terms and conditions stated bat io set fond and any w,]..ury or additional corms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by sell" are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to naive on your promised delivery dam s noted. Time is of the essence. Delivery and perfomume must be a@cord within the time sutevl on the purchase order and the documents munched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as o waiver of this prevision. In the event ofany delay, the P oalroer shall have, in addition to other legal and equitable remedies, the option of placing this order clsewhrm and holding the Seller liable rot danages. However, the Sell" she[] mi be liable for damages s a result of delays due to causes nor reasonably fnresecable which arc beyond its reasonable control and without its fault of negligence, such acts ofGod. to of civil of military authorities, governmental priorities, faces, strikes, dead, epidemics, wars or nots provided drat notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time: when Ihe Seller first received knowledge thereof. I the event of any such delay, the duce of delivery shall be extended for the period equal to the time actual ly lost by reason of the delay. 3. WARRANTY. The Sella womants That all goods, articles, rnaterials and work .weld by this order will conform with applicable drawings, spmificmions, sempla mull., other descriptions given, will be fit for the purposes intended, and performed with On highest degree of we and competence in accordance with accepted standards for work of a similar =turn. The Sell" agrees to hold the purchaser lurmles f any loss, damage or expense which the Pulone r may sulf" or incur an account of else Sellers breach of warranty. The Sea"shall replace, repairer make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of lime as may be prescribed by law or by the team ofany applicable wamenly povided by Ilea Seller aver the date of acceptance of she goods famished hereunder (acccp:ane not to be unreasonably delayed), resulting fron imperfect Sell defective work done or materials fumished by the SelAcceptance or use of goals by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as abawise provided in this purchase arder, the Sellers liability hereunder shall extend to all damages proximately cloud by the breach of my of the foregoing warrant ies or guarantees, but such liability shall in m event include loss of profits or loss of use. NO [&I PLI ED WARRANTY OR NI ERCHANTABI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERNIS. The Purchaser may make changes to legal terms by wrinen change order. S. CHANGES IN COMMERCIAL T'ERt lS. The Purchaser may make my changes to the terms, odor thin legal terms, including additions to or deletions from the mexuaics Originally ordered in the specifcarions or dmwings, by eerbal or wnuvu change order. If any such change affects the amount due or the time of performance hereunder, an equitable odjuvrrcnl shall be mark. 6. TERMINATIONS. The Purchaser may at any Time by written change order, mmsi=te this agreement as to any or all portions of the goads then not shipped, subject m any equitable adiesunml between The patio as in my work or rea trials then in progress provided thal the P rmhaser shall not be liable for my claims for anticipated profits on ache uncompleted portion of the goads md/or work, for incidental or consequential damages, and that no such adjustman be made in favor of the Seller with rapecl to any good: which are the Scl!m standard stock. No such rumination shall relieve the Purchaser or the Seller of any oftheir obligations as m my grads delivered hereunder. 7. CLAIMS FOR AD3USThIENT. Any claim for adjustment muss be assured within shiny (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sell" war n us that all goads sold hereunder shall have been produced, sold, delivered and furnished in suirt reamplimee with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliv" such documents as may be required in effect or evidence compliance. All has and regulations required to be incorporated in agreements of this character art hereby incorporated herein by this reibrence. The Seller agrees to indemnify, and hold the Purchaser hrrmlm farm all costs and damages softened by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Transfer, or cowry this order. or my mooch due or to become due horeuMer without the prior wrnen consent of the other parry. 10. TITLE. The Seller warrants full, clear and unn'stricad title to the Purchaser for ail equipment, materials, and items furnished I. p"fo.c, of this agre"nmr, free and it. of my and all diem, monetiesm. rcurations, security interest encumbrances and claims Urethan. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I I'live Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed Upon by the Purchaser mud the Seller, ..I the Seller theren0er indicates its inability or unwillingness to comply, the Pumbser nay 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. 'I he Seller slull release the Purchaser unit its contractors orally tier from all liability and claims of my nature mulling from the performance ufsuch work. This release dull apply even in the event of fault of negligence of the pmy released and shill extmd to the directors, officers and employees ofs.ch party. T he Sellers contractual obligations, including warranty, shall not be dcemed to be reduced, in any way, because such work is perCeaned or.uxed to be performed by the Purchaser. 14. PATENTS. Whenever, the Seller Is required to use any design, device, material ar process covered by latter, patent, N demak err copyright, The Seiler shall indemnify odd live Interims the Purchaser loom soy and all claims for othingratent by reason of the use or such patented design. device, material or process in emmection with the summer, and shall indemnify the Purchaser fur any cml, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or afire Ihe completion of the work. In case mid equipment, or my pan thereof or the intended use of he goods, is in such suit held to mrairte infringcmem and the use of said equipment or pan is enjoined, it,, Seller shall, or its own expense and at its option, either procure for the Purchaser the right to continue Using said equipment or pans, replace the "no with substantially equal bur noninfringing equipmenq or modify it w it becomes roninfringing. 15. INSOLVENCY. If [he Seller shull become insolvent or bankrupt, make on assignment for the beneEt of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fomhwiih be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Tenm Used or the interpretation of the agreement and Ihe rights of all parties hereunder shall be construed under and governed by the laws of the Suite of Colurado, USA. _ The fallowing Additional Conditions apply only in cases where the Sell" is to prom wok he.&,. including the services of Sellcrs Represmonive(s), m the prem6a or others 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers 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 Seller's fired completion and acceptance. complete the work at Sellers Own expanse and to the satisfaction of the Purchaser. When materials rod equipment are furnished by others for immllotion or erection by the Seller, The Sell" shall receive, indeed, stone and handle same at the site and become responsible therefor as though such mannials and/or equipment were being furnished by the Seller under The order. 18. INSURANCE The Seller shall, at his own expense, provide for The payment of workers compcnsetiom including occupational disease barefiu, m its employees emplaynl an or in cominamn with the work covered by this purchrm order, nnd/o, 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 geneml liability including, but rat limited To, contractual and automobile public liability insurance wid, tedily injury and deatn IimiM of tar Icsst S300,000 fat my are person, S500.000 for nay one accident and promply damage limit per accident of S400,ODO. The Seger shall likewise require his an nnerm , if any, to provide for such 4ompemation and insurance. Before any of The Sellers or his mruni cmployea shall do my work upon The premises of others, the Seller shall furnish the Purchaser will, a cc tifiw:c Thal such compensation and imcmnce have bean provided. Such cenificmes shall specify the date when such compensation vad insurance have been provided. Such cenifenles shall specify she date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire weak is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Sella hereby Moines the entire u sponsdbility and liability for any and all damage, lass or injury ofany kind or retire whatsoeva to persons or property caused by or resulting fmm The execution of the wool, provided for in This purchase order or in come"i an herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of Ur, Purclux . officers. agents and employees from and ago imt any and all claims, loses, damages, charges or expenses, whether direct or indirect. and whether topersons or property to which the Pumhser may be put or subject by reason of any act, action, neglect, omission or default an the pan of the Seller, any of his contusions, or any of the Sellers or contra"ors eTtter. agents or employees. In case my suit or other proceedings shall be ban & against arc Purchaser, or its oTcax. agents or employees at any time on nc.unt or by reason of my acl action, neglect, omission or default of the Seller of my of his contactors or any of its or their o.Ticers, agents or employees as; aforemid, The Seller hereby agrees to assume the defense thereof cold to defend the same at the Sellers own rxpene, to pay my and all casu, charges, armrmys fees and Tube, expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or odor proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or s a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all "rely p"cautiom, famish tied imutl all guards necessary for Lou prevention of accidents, comply with all laws and regulations with regard m "rely including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursmnt ther"o. Revised O MO