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HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9140499 (3)Fort Collins Date: 04/01/2014 Vendor: 127569 FRONT RANGE INTERNET INC 3350 EASTBROOK DR FORT COLLINS CO 80525-5731 PURCHASE ORDER PO Number Page 9140499 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER 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 2 Addendum for Phase II see contract addendum w/scope 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 1 LOT EA Total Invoice Address: 37.728.84 W-1-11f City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMf4ERCIALDEfA1LS. Tex cma mans. By emurte be City of Fort Collins is exempt form state and laced taxis. Our Exemption Number e, 98-04502, Federal Excise Tax Exemption Cri ifcade of Registry 84-6000587 is registered with the Collect., of Internal Revenue, Denver, Commdo (ReE Colorado Revived Statutes 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spetificathons, either whm shipped or due to defects of damage in propeit, may he retpmed to you for credit and are not b be replaced except upon receipt of written insattacuons form the City of Fon Collins. Inspection. GOODS ate subject to the City of Fon Collins hosanna on arrival. Final Acceptance. Receipt of the merchandise, scrvicas or equipment in response an this order can result in authorized payment on the part of the City of Fort Collins. However, it is m be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Teton. Shipments most be EO.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless otherwise specified on this order. If permission u given to prepay freight and charge separately, the original freight bill must acmmpnny invoice. Additional charges for puking will tot be accepted. Shipment Distance. When, manuf turers have distributing points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice what shipments are made from upow distance. Permits. Seller shall procure at sellers sole cost all necessary reporits. cenificams and Hearses required by all applicable laws, regulmoms, ordinances and toles of the state, municipality, territory or political subdivision where the work is Performed, or required by any other duly constituted public authority laving jurisdiction over hie work of vendor. Seller fuller agrees to hold the City of Fort Collins hmmlass from and against all liability all loss incurred by them by reason of an awared or established violation of any such laws, mgulanwas, conferees, toles and sequn menrs. Aut cola on. All parties to this contract area that the representatives art, in fact, bona fide and possess full and complete authority do bind said panic. LIMITATION OF I ERMS. This Purchase Order expressly limib. acceptance m the toms and conditions staid herein set form and any supplementary or additional terms and conditions annexed hereto Or incorporated herein by reference. Any additional or dif ipam toms and conditions proposed by seller are objected 1. and hereby rejead. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as rooted Time is of the essence. Delivery and perfomancc most is, ahead within the time stated on the purchase order and the d.cumrnts watched hereto. No as of the purchasers including, wim.ut Innovation, nevermore of ponial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to Other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fur damages. However, the Seller shall not be liable for damages as a result of delays due to ceases not reasonably foresaable which are beyond its reasonable control and without its fault of negligence, such as oft nd, acts of civil or military authi rnies, gruman naral priorities, Gres, strikes, Dowd, epidemics, wars or dove provided that .if. of the conditions raising men delay is given m the Purchaser wimin five (5) 6, of the time whm the Seller first oncived knowledge tlrcnof. In rise event of any such delay, the date of delivery shall be, exmrdd for f period equal to the time actually last by resin of me delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Order will confom with applicable drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hamla s form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamanry. The Sellershall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) Year or within such longer peried of time as may be prescribed bylaw or by the terrna ofany applicable warranty provided by the Seller after den date of accelerate of me good fumisbed hereunder (acceptance act to be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or one of goods by the Purchaser shall not constitute a waiver Of any claim under this warranty. Except as otherwise provided N this purchase order, the Sellers liability hereunder shall extend to all damages pmximately caused by the branch of any Of the foregoing wamntia or guarantees, but such liability shall in no event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The pumlaxer may make changes to legal reran by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Porchasser may make any changes to the temu, other than legal terms, including addidom to or deletions form the quarthines originally ordered in me specifications or dmwings, by verbal or written change order. If any such change affects the amount due or the time ofm perf ince hereunder, an equitable w ostment shall be made. 6. TERMINATIONS. The Extinction may at any time by written change order, terminate this agreement as to my or all Portions of me goal then not shipped, subject to any rye able adjustment hetwern the parties a m any work or materials that in progress Provided that me Purchaser shell Out be liable for any claims for onlicipated profis on The tmmmplered portion arms good siiWor work, far maidenlal or m auroral damagee. cord fat m such adjustment be made in favor of the Seller with respect to any goods which am me Sellers standard stock. No such termination shall relieve the Purchaser of the Seller of any of their Obligations a to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days Rom he dote me change or termlnatian is ordered 8. COMPLIANCE WITH LAW. The Seller warrants mat all good sold hereunder shall have been produced, sold, delivered all famished in strict compliance with all applicable laws all regulations to which me goods am subject. The Seller shall execute and deliver such documents as may be required to rift m evidence compliance. All laws and regulainm required to be incorporated in agreements of this character arc hereby incurporamd herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser 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 or to become due hereunder without the prim wrinen camatt ofhe 00"pent. 10. TITLE. The Seller warrmm full, clear and unrestricted title to The purchaser for all ryuipment materials, and item burnished in performance of this agreement, hoe and clew of any and all liens, restrictions, remrvaions, security interest encumbrances and claims of others. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the it. and conditions hereof 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 for payment for goods hereunder or approval off. design, shall not release the Seller of any of the warranties or obligations of Nis purchase order and shall not be deemed a waiver of any right of the purcM1aser to insist upon must performance hereof or my of its rights or remedies as to any such goods, regardless of whm shipped, received or accepted, as to any prior or substations default hereunder, nor shall any imported aml.mndifinum. m rescission of this purchase order by the Purchaser operate as a waiver of any of ('error hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economicar practice, Overcharges resulting form antiw violations are in fact home by the Purchaser. Theremforef good cause and in consideration for execution this purehace order, the Seller hereby rusign, to the Purchaer any and all claims it may now have or hereafter acquired under federal or spite antitrust lens for such overcharges relating to the Particular goods or services pachaseJ or acquired by the Purchaser pursuant to firs purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a dam to be agreed upon by the Purchaer and the Sella, and the Sella thereafter indicates in inability or unwillingness to comply, the Patcharer 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. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomrmce orsuch work. This releaa shall apply even in hie avant of fault of negligence of the pan, releaeJ and shall extend in the directors, offers and employees ofsuch party. The Seller's contractual obligations, including wamnty, shall not No deemed to be reduced, in any way, because such work is perfumed Or caused to be performed by the Puncheon. 14. PATENTS. Whenever the Seller is resulted do use any design, device, mamrial or process mvered by letter, patent trademark or copyright, the Sella shall indemnify and save hamlas the Purchase from any and all claims for infringement by reason of the use of such patented design, device, rmtcrial or process f connection with rise mouse?, and shall indemnify the Pomhascr for any cost, cxpenve or damage which it may be obliged to pay by reason ifsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof Or the intended use of the goods, is in such suit held to constitute infringement and me use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either posture for the Purchaser the right to continue using said ryuipment or pans, r@laze the same with substantially actual but noninfringing ryuipment, or modify it so it becomes n.ninfringing. 15. INSOLVENCY. If le Seller shop become insolvent or bmrkmpt, make an assignment for the benefit of creditors, appoint a weaver or trustee for any of the Sellers property m business, ran order may forfwirh be canceled by the Purchaxr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofine agreement and the rights of all posies hereunder shall be computed under and governed by the laws of the Sam Of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is m perform work hereunder, including the smicas of Sellers Representative(s), on the premises afofers. ❑. SELLERS RESPONSIBILITY. The Seller shell carry on said work at Sellers own risk until the same is fully completed and "Mind, and shall, in swe of any accident, destruction or injury m f work and/or materials Niagara Sellers final completion and accordance, complete the work at Seller's own expense and to the satisfaction of me Purchaser. When materials aml equipment are famished by .,has for installation or erefion by the Seller, the Seller shall receive, unload store and handle same ad the site and became responsible therefor a though such materials and/or equipment were being famished by the Seller under the offer. 18. INSURANCE. The Seller shall, m his owns expense, provide for the payment of workers compmexamp. including occupational disesse batefits, to its employees employed on or in mmenion with me work covrnd by this purchase order, ands., to Nair dependents in accordance wins the laws, of the snide in which the wade u to b, done. The Seller shall also carry, comprehensive general liability including, bud not limited to, mntmetual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one Person, S50g000 for any .no accident and property, damage limit per acrident or $400,000. The Seller shall likewise require his contractors, if any. to provide for such compensation anct insurance. Before my of the Sellers or his contractors employees shall do arty work upon the premises of ohers, the Seller shall furnish the Purchaser with a condiGmm Wt such c.mp—puff n it insurance have been provided. Such cenificates shall specify the date warn such compensation and insurance have ban prosided Such cenificates shall specify me date whm such mmpenwtion and insurance expire. The Seller appear new such mmponamion and insurance shall be, communed mtil when the more work is completed and comptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or mture whatsoever te persons Or property caused by or resulting form the execution of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Pumhasom officers, agents and employees from all against any and all claims, losses, damages, onarga or expenses, whether direct or indirect, and whether to no. a pmpeny 10 which the Purchaser may he put or subject by reason of any per, action, negft, omission or default on the pan of the Sella, any of his compositors, or any of me Sellers or mntra4ors officers, agents or employees. In case my suit or ofer proceedings shall be brought against the Purchaser, a its officers, agents or employees in any time on arromt ar by team. of any ant, action, neglect, omission or default of In, Seller of any of by contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend me same at the Sellers own expense, to pay any and all costs, charges, apmmeys fees and of expenses, any and all judgments lost may be incurred by or obtained against the Purchaser or any of its or left officers, agents or employees w such suits or other proceedings, and in case judgment Or other lion be placed upon or obtained against the property of me Punctuation, or said ponies in a as a result of such suits or other proceedings, the Seller will at ones muse the snore to be dissolved and discharges] by giving bond or otherwise. The Seller and Los connection shall take all safety precaution fiewish and inaall ell guard naesvry for me Prevmnon of accidents, comply with all was and regulations with regard to safety managing, but without Insulation, the Occupational Safety and Health Act of 1970 and all toles and regulations issmd pwr pans frees. Revised 03Y2010