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HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9140499 (4)Fort Collins Date: 04/24/2014 Vendor: 127569 FRONT RANGE INTERNET INC 3350 EASTBROOK DR FORT COLLINS CO 80525-5731 PURCHASE ORDERPO 914049er Page 140499 1of2 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 a added cost for (1) 35ft see 2nd contract addendum 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 2,812.80 Total $2,812.80 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. COMMERCIALDETAILS. Tax exemptions. By smite the City of Fan Callao is exempt main state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifiate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to matt specifications, either whom shipped or due to defects of damage in tramf , may be returned to you for credit and sm not to be replaced except upon receipt of wrinrn instructions from the City of Fon Collins. Inspection. GOODS are subject to the City ofFort Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Pon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable remo red inspection procedures. Freight Terms. Shipments most be F.O.B., City of ran Collins, you Wood St, Fan Collins, CO 80522, unless otherwise specified on this codes. Upermission is given to prepay fight and charge smamrcly, the original freight bill most accompany irnsice. Additional climaxes for packing will tot he accepted. Shipment Distance. Wheat manufacturers have distributing points in sadous pans of the country, shipment is expected from the nearest distribution in, m destination, as excess freight will be dtductal from Imroice when shipments are made fmm greater distance. Permits. Seller shall procure an sellers sale cast all necessary permits, cenilicates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory, or political subdivision when the work is performed, or required by any other duly constituted public authority having junsdie ion over the work of vendor. Seller father agrees to hold the City of Pon Collins haanlcss fmm and against all liability and loss recurred by them by reason of an asamed or established violation of my such laws, regulations, oodhanas, rules and r gmhourents. Authorization. All ponies to this contract agree that the representatives are, in fact, bore fide and possess full and complete authority to bind said pries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance ro the terms and conditions stated herein set forth and any supplementary or additional tests and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT i ourchately dryad cannot nuke complete shipment to arrive on your promised delivery date as noted. Time is ofthe averner. Uslion, and Performance most be eff teal within Ore time shred on the purchase order and the documents watched hcrem. No rats of Ore Purchasers including• a how limitation, acceptance of panial late daheades, shall opcmm as a waiver ofthis provision. In the event ofany delay, the Purchase shall have, in addition to other legal and equitable remedies, the option of placing this oNef elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond iu reasonable control and without its fault of negligence, such acts of God, was of civil or mi bar, authorities, gavemmmtal incomes, Gres, stokes, fiord, epidemics, wars or riots provida[ 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 therm[ In the Want of my such delay, the data of delivery shall h extended for the parried rarer m ode fire acnsally lost by reason affair delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confusion with applicable drawings, specifications, samples —door chef descriptions given, will be bit 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 harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty, The Seller shall replace, repair or make goad, without cost to the purchases, my defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the trams of my applicable narmnty provided by the Seller after to date of acceptanec of the goods fumishal hereuudef (acceptance not to be unseasonably delayed), resulting from imperfect or defective work date or materials Somalia] by the Seller. Areeptince or use of good by the Purchaser shall not constitute awaiver ofany claim maker this warrmry. Except ss otherwise pmsided in this purchase, order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gmmntecs, but such 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 an legal ems by writtm change order. 5. CHANGES IN COMMERCIAL TERMS. The P trxwxa may make any changes to the [eras, other than legal terms. including additions to or dclaioas (ram the quantities originally ordered in the specifications or drawings, by verbal or woven change order. If any such change affeeu the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated pectin on the uncompleted portion ofthe goods andtor work, for incidental or commuential damage,, and that no such whosment be made in favor of the Sella with respect to any, goods which we ode Sellers shard stock No such termination shall reline roe Purchases Or the Seller of any of their obligations as to any goad delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be mserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in mitt ompliance with all applicable laws and regulation to which the good arc subject. The Seller shall execute and deliver such documents as may be required in dfct or evidence compliance. All laws and regulations requited to be, inemparated in agreements of this choomer are hereby incorporated herein by this reference. The Sella agrees to indemrdfy and hold the Purchaser bormless From all costs aud damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Laity shall assign, number, or convey this order, or any monies due or to become due hereunder withom the prior written consent ofthe other parry. ILL TITLE. The Seller warmnn full, clear and witaw icted title to the Phelmser for all rpm rient, materials, and items fumuhed in ME.,, of this agreement Gee and clan of any sa all liens, restictions, te,marimns, sccmiry biomass encumbrances and claims of othm. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, thilure or delay to any rights remedies provided herein or by law, failme to promptly notify the Seller in the event of a breach, or acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties Or obligations of this purehm , order and shall not he decmed a waiver of my right of the purchaser to insist opern strict performame hereofor any of its rights or remedies az a any such good, regardless of when shipped, received or accepted, as to my poor or subsequent default hereunder, rim shall any purported oral modification in rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, o emg haes resulting firm antitrust violations are in fact home by the Puma her. Theretofore, forgoodcause 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 stale mtinust laws for such overcharges relating to the particular grads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser due. the Seller to mneet ..at..., or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller therea0er indicates its inability at unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious mess, available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Franchiser and its contactors of any tier from all liability and claims of any nitre resulting Dom the performance absorb work. This release shall apply even in ode amn of fault of negligence of the party released and shall extend to the directors, officers and employees of.ch puny. The Schm's contractual obligations, including warrmry, shall not be deemed as be reduced, in any way, because such work is performed or tamed to be performal by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented deign, da'ice, material or process in connection with the contract, and shall indemnify the Purehasa for any cast mpcme or damage which it may be obligal m pay by reason of such infringement at my time during the prosecution or after the completion of the wank. In case said equipment, or any pan therm( or the imeaed use of the goad, is as such suit held to constitute infringement and the use of said tytipman of pan is rimmed, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to assume, using said equipment or pans, replace the same with substantially Nrel but nounfringing muipment or modify it so it become, noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a Waiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser wihoul liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all ponies herewtder shall he construed major and governed by ode laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenhrtive(s), on the premises ofathers. IZ SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk word the sine is fully completed and mceptW, and star, use of any accident dosmsetion or injury to the work warm materials before Sellers final completion and acceptance, complete ode work at Sellea own expense and to the sarisfactim of the Purchase. When ficama is and eNuipment are furnished by orders for inesudiation or erection by the Seller, the Sella shall receive, unload, store and handle sane at the site and become responsible therefor m though such materials =Nor equipment were being famished by the Seller under the order. 18. INSURANCE'. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in ex mection with the wmk covered by this pumhase order, and/or to their dependents in accordance with the laws of the wile in which the work 6 to he done. The Seller shall also carry comprehcmive gcneal liability including, but not limited m, continental as automobile public liability imuance with bodily injury am death limits Of or leazt $300,000 for any one Persian. 5500.0W for any one accident and property damage limit per mrident of $A00,1%I0. The Seller shall likewise require his contmams, tf my, to provide for such compensation and insurance. Before my of the Sellers Or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cenificate that such compensation and inatoomm have been provided- Such c nificmes shall specify the it.. when such compensation and manance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumme shall be maintained until after the entire work is completed and meopted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility as liability for any and all damage, loss or injury ofany kind or nawre whatsoever to persons or Francs, caused by or resulting Gam the execution ofthe work provided for as this pmclaase order or in connmiou herewith. The Seller will indemnify as hold harmless the Purchaser and any r all of the Purchmers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persam or property to which the Purchaser may be, put or subject by reason of any act action, neglect omission or default on the part of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. To case any suit or otha proceedings shall the brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents a employees as aforesaid, the Sella hereby spot. to assume the defense thereof and to defend the same at the Sellers own expense, to soy any and all casts, charges, some ey, fees and other expenses, my raj all judgments that may he incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such waits or other proceedings, and in case judgment or other lien be placed upon or obtainal against the property ofthe Purchaser, or said pries in or m a result of such suits or other pro meal the Seller will at once caux the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, human and install all gird necemry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulatisu usual pursuant therms. Revised 03nOlO