HomeMy WebLinkAbout473697 FIBEROPTIC SUPPLY - PURCHASE ORDER - 3214369Fort Collins
Date: 02/27/2014
PURCHASE ORDER
Vendor: 473697
FIBEROPTIC SUPPLY
2171 SOUTH TRENTON WAY, STE 223
DENVER CO 80231-5359
Date: 02/27/2014
N ote:
PO Number Page
3214369 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Line Description Quantity UOM Unit Price Extended
Ordered Price
Fiber Optic Supplies 1 LOT LS 5,000.00
Annual
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.00m
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
1. COMMERCIAL DETAILS.
Tax exemptions. By stamm the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Condition of Registry 84-600(58] is mRsterad with the Collmtm of
lwemd Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a).
Goods Rejected. GOODS REJECTED due to frrhow to meet specifications, either when shipped o due to defers, of
damage in consul, may he cerumed to you for credit and are not to he replaced except upon receipt of wnnen
itssfa ctions from the City of Fom Collins.
Inspection. GOODS are subject to the City afford Collins inspection on optical.
Final Acceptance. Receipt of the merchandise, services or aluipment in cespome to this order can result in
authorised payment on the pan of the City of For Collins. However, it is to he understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable noticed inspection procedures.
Freight Term. Shipments must he F.O.B., City of For Collins, 700 Wood St., Fan Collins, CO 80522, unless
otherw o, specified on this order. If perm is give to prepay freight said charya s,comarly. the original freight
bill mull vcompeny invoice. Additional charges for pinking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in vadeas pads of the country, shipment is
expected from the neuresl distribution in, 10 destination, and excess freight will be dadmmd Earn Invoice when
shipments are made from greater distance.
Pamirs. Seller shall procure at sellers sole cost all necessary pemtik, emificutas and liceme, required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
rise work is performed, or received by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller Fort agrees to hold the City of Fort Collins harnlow from and agaimr all liability and loss
incurred by them by reason of an wat or esablished violation of any such laws, regulations. ordinances, roles
and requirements.
Authorisation. All panics to Nis cones agree Nat the representatives said, in fact, bow fide vW possess full and
complete authority to bivl said Indies.
LIMITATION OF TERMS. This Prommore Order expressly limits accordance to the term and ambitious sated
herein tit foe and any supplementary or additional arms and condition, amtoxW hart. or incorporated borer. by
reference. Any s ldniowl of different sera ,and condition proposed by seller arc objected as and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT Imrnedldely ifyou or make complete shipment 1. arrive oa your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hertto. No actu of the Purchasers including, without
Imandmn, acceptance of print Imo deliveries, shall operate as a waiver of this provision In the event of any delay,
the Purchaser shall have, in addition 10 other legal and equitable remedies, the option of placing 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 m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ufcivil or military authorities, guvemmem i poccurs, fires, stakes, Mond, 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 dal , the more of delivery shall he
extended for the period equal to the time actually lost by Taiwan ofNe delay.
3. WARRANTY.
The Sailer warrants that all goods, crowlea. malends and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the pumoses intended, and
perforated with the highest degree of mare and competence in accardnce wish accepted standard for work of a
similar nature. The Sella e,mon; to hold the pmchaser harmless from any loss, damage or a.,. which the
Purchaser rosy suffer or incur an account of the Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the p rrehsseq any defetts air faults nursing within one (I) year or wihin such longer, period of
time as may he prescribed by law or by the terms of may applicable warranty provided by the Seller after the derit of
acceptance of fire gook famished hereunder (acceptance not to be immeasurably easowbly delayed), resulting from imperfect
or defective work done or materials fomished by the Seller. Acceptance or use of good by the Purchaur shall not
constitute a waiver ofeny claim under this wormy. Except as oserwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately armed by the breach of any of the forager, wammias
o gumomen, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purehaur may make changes to legal terms by widen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. It any such
change affects the amount due ar the time of perfornadce hereunder, an equitable adjastmand shall be made.
6. TERMINATIONS.
no Purchaser may at any time by written change order, termimae this agrtcmem in to any or all portions of the
goods then not shipped, subject to any muhable adjustment between she parties in to any work or materials then in
progress provided that the Purchaser sell not be liable for any claims for anticipated profits on the uncomplaed
Portion of the gook and/or work, for incidental or cmaaluential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard stork. No such termination shall relieve
the Purchaser or the Seiler army of their obligations as to soy good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for w1jmdme d mat be asserted within fl irry (30) days foam the date use change or temiwtion is
ordered.
S. COMPLIANCE WITH LAW.
The Seller vymmnk that all goods sold hereunder shall have been produced, sold, delivered and ( iahed in stria
compliance with all applicable laws and regulations to which the goods an subject. The Seller shall execute and
deliver such documents as may he minted to effect or evidence compliance. All laws and regulation, mequircd to W
incorporated in agreements of this character de hereby incaryoraud herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages su@red by the Purchaser as a reauh of the
Sellers failure an comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tomfea or convey this ordq or any monies due or to become due hereunder without se
prior written consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all tyulpmem, materials, and dams furnished
in perform. of this a,reemem, free and clear of any and all lien,, restrictions, reservmiom, security interest
ca cumboncas and claims of others.
I I. NONWATVER.
Failure of the Ptuchamr 1. insist upon sidel performance of the coma and conditions hereof, failure ad delay to
examise nay rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breech, the accepiams of or payment for goods hereunder ad approval ofNe design, shall not release the Seller of
any of the wamnties or obligdiam of this purchase arder aM shall at be denied a waiver of any right urge
purchaser to insist upon strict pert vice h donfor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, in to any Prior or subsequent default hereunder, nor shall my pro coned
rand modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofNe mans
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize the in seem] economic practice, o orclat resulting fr. to.,
violations are in unit home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or see nmiwd laws for such overcharges relating on Ne particular good or voices
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sal let to cmrest nonconforming or defective good by n date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter radicals its inability or unwillingness to comply. the Purchaser
may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any wane
resulting Bom the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, oRcm and employe of such Piny.
The Sellers contrxclwl obligations, including memory, shall rot 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 Seller is required to me any design, device, material or pmeess covered by Iona, plant, trademark
r copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infn.,or ens
by reason of the ass of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to Pay by reason of such
infringement at any time during the prosecution or allot the completion of the work. In eau said equipment, or
any pad thereof or the intended use of the good, is in such suit held to constitute inldngemem and the we of
said ampmend or Pad is enjoined, the Seller shall, at its own expense and at its option, either part for the
Purch er the right to continue using said equipment or parts, replace the same with substantially equal but
nomfiringing equipment, or modify it so it becomes noninfringing.
15. MSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for Ne benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this miler may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofNe agreement and the rights ofall parties hereunder shall he
commued cracker and governed by she laws true Stare of Colorado, USA.
The following Additional Conditions apply only in cases whom the Sella is to perform work hs munch,
in hica rag the services FSall. Represencome(a, on the premises of. her,
❑. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk =fit the same k fully completed and accepted, and shall.
in eau of any xcidem, destruction or injury to door work mi mvenals before Sellers foul completion and
accordance, complete the work at Sellers own expense and m the satisfaction of go Purchaser. When materials
end aluipnremml are bloodshed by orhors for installdwit or erection by the Seller, the Sella shall recrne, unload,
sore and handle same at the site not become responsible Nerefor as though such materials unNor equipment
were being finished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for to payment of workers compensation, including occupational
disease benefits, 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 slate in which the work is to he done. The Seller
shall also cart, comprehensive general liability including, but not limited to, cantocmal and automobile public
liability insurance with bodily injury and death limits of at ]cost $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such catnpemation end tasumnce. Before any ofNe Sellers or his contractors
employees shall da any work upon the premises around, the Seller sell famish the Purchaser with a cedificale
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 compemation and insurance shall he maintained until and the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lot or injury of any kind
Or velure whomever m person, or Faraway caused by or resulting from the execution ofthe work danided for in
Nis purebwe order or in connection herewith. The Sella will indemnify and hold hamtlem, the Pumbecor soul any
r all of se Puh othcers, .,ants and employees from and against any said all claims, loses, dardi
crc
harges or expenses, whether direct or indirect, said whether to persons or property to which the Purchases rosy
be pal or subject by reason of any out, action, neglttt, omission or default on 6e pan of she Seller, any of has
..at., or any of the Sellers or contractors officers, agents m employees. In case any suit or other
Proceedings shall he brought against the Furthest or its olTcers, .gents or employees at any time an account or
by remand, of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, a,a.N or employees as aforesaid, se Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own asperse, to Pay any and all ands, chages, atmmeys fees and other expenses,
any and all judgments that may he incurred by or obtained against she Purchaser or any of its or their oficars,
agents or employees in such suits or other p ce edings, and in case judgment or other lien he placed upon or
obtained against the property ofthe Purchaser, or said parties in or as a result of such suits ar other proceedings,
the Seller will an once came the same to be dissolved and discharged by giving band or wherwise. The Seller and
his contractors shall eke all salbty precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safely and Health Act of 1970 and all roles and regulariom issued pursuant thereto.
Revised it 10