HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9140902 (2)PURCHASE ORDER PO Number Page
City of PURCHASE
940902 1 of 2
'10
`t CollinsI V This number must appear
on all invoices, packing
sli s and labels.
Date: 03/12/2014
Vendor: 126722
WIRELESS ADVANCED COMMUNICATIONS
3901 W SERVICE RD
EVANS CO 80620
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 03/12/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
5 COMMUNICATIONS EQUIPMENT
Items added for Water
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@fcgov.com
iNXil�X_1
2,138.40
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. COMMERCDM,DEfAILS.
Tax exemptions. By statute the City of Fog Collins 6 exempt from staticand local taxes. Our Exemption Number is
11. NON\VAH ER.
984M502. Federal Excise Ten Exemption Certificate of Registry 84-6000587 is regiged with the Collector of
Failure of the Puacbaur in insist upon man performance of fc temu and conditions hereof, failum or delay to
Intemul Revenue, Denver, Colorado (Ref. Colorado Raised Smmes 1973. Chapter 39-26, 114 (a).
exercise any rights or ran dics provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of nr payment for goods hereunder or approval mine design, skull not release the Seller of
Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in bring, may be armed 4, you for credit and are not to he replaced except upon receipt of wrinm
porch set to insist upon strict performance her -for any of its rights or remedies as to any such goods, regardless
instructions fmm the City of Fog Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pur nmed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject o the City of Fog Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in enlarge to this area can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of For Collins. However, if is to be, understood that FINAL
Seller and the Purchaser recognize that in actual a nee is practice, overeM1argw awaiting from Without
ACCEPTANCE is dependent upon completion.fall applicable efficient inspection procedure,
violations are f fact haring by be Purchaser. Therdof ice, fen good rime and as consideration for national this
purchase order, the Seller hereby uniform to the Purchaser any and all claims it may now have or hereafter
Freight Teats. Sharon.. must be F.O.B., City of Fog Collins, ID0 Wood St, Fag Collins, CO 80522. unless
ase,gral under federal or start antitrust laws far such overcharges along, m the panioular goods or saevtee
otherwise spaifed W this order. 11 permission is given to Today freight and charge separately, be anginal freibl
purchased or acquired by fe Purchaser, ptmmnuo this purchase order.
bill most accompany invoice. Additional charges far packs, will not be accepted.
13. PURCHASER$ PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment have distnbutingpo xcs au spans the
litheaser Purchaser tucorrednoerindimingordabilitvegoods a dategness to be on by
de dfromcountry,
voice when
point m destination, and excess freight will he deducted from Invoice when
erm he.Wheremanutionmi
shipment from
wby
Purchahe
theSllerhe ,aSeller
unwillingness av to complyde Purchaser
Purchaser and the Seller, and the Sellery its inability ser
adnearest greater diitn
shipments are made from greater distance. _
he Seller shall
the most expeditious ilable
by the most expeditious means uvoilablc in it, and the Seller shall pay all
may cause the work to be available
orfmmN
costs associated with such work.
Permits. Seller shall pmenre at sellers sole cost all necessary permits, catificam and licenses required by ail
applicable laws, regulations, ordinances and ales of the state, municipality, territory or political subdivision where
Ire work is performed, or required by any other duly contimted public authority having jurisdiction over the work
of vendor. Seller fuller .,an 1m held the City of Fog Collins hang. fmm and against all liability and loss
incurred by them by reason of m seemed or aslabiabed violation of any such laws, regulations, ordamncn, min
and requirements.
Authorization. All parries n this contract agree that the representatives are, in fact, hone fide and possess full and
complete outhodry to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated
herein set high and any supplementary or additional to= and conditions annexed herds or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dare m noted. Time is of the essence. Delivery and performance most be a@dad within the lime
mad W the Purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpsnial lam deliveries, shall operate m a waiver of this provision. In the event of any delay,
the Puahsser dull have, a addition to ..he, legal and equitable remedies, the option i fpledng this order shommee
and holding the Seller liable for damages. Howevv, be Seller shall not be liable for damage as a result of delays
due to draws not reasonably foreseeable which are beyond its rca liable central end without its fault ofne,ligence,
such as of God, acts krivil or military authorities, governmental priorities, fires, strikes, Ooock epidemics, wars m
nets provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller Ford received knowledge thereof In the event of any such delay. she data of delivery shall be
extended for the period equal to the time adually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, ankles, materials and work covered by this order will conform with applicable
drawings, specification, sempin sander other descnpfioa given, will be fit for the purposes intended, and
Performed with the highest degree of ram and mmpdence in accordwce with accepted demands for work of a
similar nature. The Seller agrees on hold the purthass r hamdess from any loss, damage or expense which the
pmchne may, soff-., into, on ¢count of the Sellers breach of—,. The Seller shall replace, mpair err make
good, withous cost in the purehased, any defects or faults arising within one (1) year or within such longer period of
him as may be presented by law or by bur terms ofmry applicable warranty provided by the Sella add the date of
acceptance of the goods famished hereunder (acceptmce not to be modesombly delayed), resulting from imperfect
or defective work done or materials f lshd by the Seller. Acceptance or ere of gods by the Purchaser shall not
institute a waiver of any claim under this warranty. Except m otherwise Provided in his purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or lass of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHAI.1. APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tames by wrinm change order.
5. CHANGES W COMMERCIAL TERMS.
The Purchaser may make any change to the farm, other than legal leas, including addition to in balance, fmm
the quantities originally ordered in the spaifinrfns or drawings, by verbal or written change order. If any such
change affects the amount due or the time of,afnmunce haeunder, an equitable adjustment shill be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement m to tiny or all potions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then m
progress provided that the Purchaser shall not be liable for any claims for anlid,amd profits em the uncompleted
portion of the goods and/or work, for incidental or consequential dema,es, and that nee such adjustment be made in
favor of the Seller wit respect o any goods which arc the Sellers standard stuck. No such nomination shall relieve
the Purchaser or the Seller affair oftheir obligations as to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for djustment mat be asseged within thitry (30) days boom the date the change or remamtion is
mderred.
8. COMPLIANCE WITH LAW.
The Sella warrants Nat all goods sold hereunder shall have been produced, sold, delivered and f fished in strict
compliance with all applicable laws and regulations to which the goals are subject. The Seller shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and mgularlers required to be
ifi., rmed in agreements of this character arc hereby incorporated herein by his reference. The Seller .gar to
indemnify and hold the Purchaser hamins from all casts and damages suffered by the Purchaser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, trinsfeo or convey this order, m my anion due or to become due hereunder wathouf the
PH., wrinm consent ofthe fife, party.
10. TITLE.
The Seller warrmts fill, data and imentrictd tide to the Purchaser for all equipment marerials, and items famished
in performance of this agreement, free and clear of my ad all lien, restrictions, reservations, security interest
encumbrmcw and claims afothcrs.
The Seller shall release she Purchaser, end its mammas of any lier from all liability and claims of any rerun,
resulting main the performance ofs ech work.
This please shall apply even in the event of fault of negligence of the party relemal and shall extend to the
died.., oRcers and employees ofsuch Oogy.
The Sellers conrmewal obligations, including warranty, shall not be clamed to be seduced, in any way, because
such work is performed or caused n be perfomedd by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by later, parent, trademark
or copyright, the Seller shut I indemnify and save harmless the Purchaser form any and all claims for infringement
by mason of On use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser far any reef, expense or damage which it may b<obli, d m pay by ..a of such
infringement at any time during the prmamion or after the completion of the work. In case said equipment, or
any Pan Hereof we the intended use of the goods, is in such suit heed to eofatimte infringement and the me of
said equipment or Tag is enjoined, the Seller shall, al its own expcme and at its opnon, ofe procure fen the
Purchaser the right to continue using said equipment or parts, replan the same with substantially equal but
noninfdnging equipment, or modify it so it becomes roninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or berdoupt make ran asagnmem for be benefit of creditors, appoint a
or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser wifout liability.
16. GOVERNING LAW.
The definitions of are s used or the interpretation ofthe agreement and the rights of all Was hereunder shall be
composed under and governed by the laws of the Share ofcolomdc, USA.
The follmsm, Additonl Conditions apply why in can where be Seller is to perform work hereunder,
including the seaicw ofSellas Repmaenmivw(s), on the premiss afmhers.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk until the same is fully completed wad accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers fool completion and
acceptance, complete the work at Sella's own expense and to the satisfaction of the Purchaser. When mmmals
.rid equipment are fumashd by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same or the site and become responsible therefor as though sand, materials and/or equipment
were being famished by the Seller under the order.
I B. INSURANCE.
The Seller shall, at his own expeme, Provide for the Wymmt of workers compensation, including occupationA
disease beuefits, to its employees employed w or f connection with the work Owning by this purchase men.
center to their dependents in accordance wit the laws of the stale in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but rat limited to, mntracta d wed automobile public
liability insurance with bodily injury end death limits old least S300.000 for any one pes.n, 5500,000 fen any
accident ad property damage limit par accident of S400,000. The Sella shall likewise require his
commission, if any, to provide for such compensation and issuance. Before any of be Sellers or his romractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificam
that such compensation and insurance have been provided. Such cindicates shall specify the date when such
compensation and insurance have been provided. Such cemfintes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compeasmion and insurance shall x maintained until after the
entire work is completed ad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the done res,.,bit,, and liability for any and all damage, loss or injury of any kind
r a mre xth des,,, n peewas or property comcd by or resulting from the execution ofth, work provided for in
this purchase order or in comedian herewith. The Seller will indemnify and hold hamdess the Purchaser and any
r all of the Purchasers offcers,.gents and employers fmm ad against any and all claims, losses, damages,
charges ar expenses, whether direct or indirect, ad whether are persona or property to which the Purchaser may
he put or subject by reason of my act, action, neglect omission or default an the part of the Sella, any of his
contractors, or my of the Sellers or contractors ofncars, agents or employees. In case my suit or other
proceedings shall be brought against he Purchase, or its officers, egene ar employees m any time on account or
by reason of any act action, nailed, omission or default of the Seller of my of his contractors or any of its or
their effects, agents or employees as aforesaid, the Seller hereby agrees a now the defense thereof and ,,
defend the same at the Sellers awn expense, to Pay any and all costs, charges, attomrys fees and other expenses.
my and all judgments that may be incurred by d 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 lam be placed upon or
obtained against the property, of the Purchaser, or said pagan in or as a result of such suits or other proceedings,
the Sella will atones cause the sane to be diesolvd and discharged by giving board or otherwise. The Sella and
his communes shall take all safety precautions, fumash and ifelall all guards nand,, for the preentian of
accidents, comply with all laws ad regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all min and regulations issued pursuant guest.
Revised 03Q010