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HomeMy WebLinkAbout106459 ANIXTER INC - PURCHASE ORDER - 3214389Fort Collins PURCHASE ORDER PO Number I Page 3214389 102 This number must appear on all invoices, packing sli sand labels. Date: 05/02/2014 Vendor: 106459 Ship To: TRAFFIC OPERATIONS ANIXTER INC CITY OF FORT COLLINS 4505 FLORENCE ST 626 LINDEN STREET DENVER CO 80238 FORT COLLINS CO 80524 Delivery Date: 05/02/2014 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price Signal Communication Supplies 1 LOT LS 15,000.00 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@fcgov.com Total $1 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Too Calline is exempt from slate and local lazes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict paf ermmce of the terms and conditions hereof, Gillum or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Endows 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance of or payment for Goods hereunder or Opinion] ofine design, shall net m1com the Seller of Goads Rejected. GOODS REJECTED due to failure to meet aperificatiorn, aims 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 is m nsip may be retained to you for credit and am not to be replaced except upon receipt of wi u m purchaser an insist upon strict perfmarimme hereof or any of its rights or remedies as no any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my pinpointed oral modifieation or Omission of Ws purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of ran Collins inspection on normal. briar. Final Acceptance. Receipt of the merchandise, services Or equipment in rea,man to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. wthorisd payment on the part of the City of Fon Collins. However, it is to be understood that FINAL Seller and me Purchaser recognize that in mtnl aromatic practice, machangw malting from mlitrmt ACCEPTANCE is depandem upon completion of all applicable required inspection procedures. violations are in fact home by the Purchsser. Theretofore, for good cause and as consideration for executing this purchase ort the Seller Finlay assigns on the purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must he F.O.B., City of Pon Collins, 7M Wood Sr. Fort Collins, CO 80522. cress acquired under federal or .at antitrust laws for such ovenharges relining to the particular gods or services otherwise specified oa this order. If permission is given to prepay freight and charge sepumcly, the original freight purchased or acquired by the Purchaser pursuant to this Purchase We,. bill must accompany invoice. Additional charges; for parking will Out In marginal 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in varicaus, pans of the country, shipment is Ifthe Purchaser directs the Seller m caveat nonconforming Or defective god by a dam to be appeal upon by the expected from the n.mt distribution point to dwtiation, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller fla eafta indicates its inability of unwillingness to comply, the Forefeet shipments me made f greater i ishinm. may cause the work an be performed by the rout expeditions meant mailable to it, and me Seller shall pay all casts wousiatal with such work. Permits. Serer shin p.m at seam sole cost all acemary permits, c tifcmw mM lie.sw required by all applicable laws, regulations, ordinances cod rules of the Stan, municipality, territory or political subdivision when The Seller shall relesom the Purchaser and in connaztors of any tier firm all liability and claims of any arum the work is pafaimed, or required by any other duly constituted public authority having jurisdiction over the work resulting from me performance ofsuch work. of vendor. Seller number agrees to hold the City of Fear Collins harmless from and against all liability and loss m.rpM by them by reason of an assured or extablished violation of any such laws, regulations, ordinances, talcs This release shall apply even in the went of fault of vadigeme of the gamy retained mad shall extaad to the and requirements. directors, oBiacn and employees ofsuch party. Amhamstion. All Em iw to this contact agree that the representatives are, in fact, bona fide and possess full and The Sellers mntradal obligations, including warranty, shall not h deemed to be mitical, in any way, because complete authority m bind said parries. such work is performed or wowd to be perfomuW by the Purchaser. LIMITATION OF TERMS, This Purchase Order expressly limits arecomce to the lapin, and cundukaw statal herein set Santa and any supplementary or additional lams and conditions anexal hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby mjectal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inhu ianly ifyou cannot make complete shipment to arrive on yam promised delivery date as noted. Time is of the cannot. Delivery and performance must be effected within the time ,rated on the purchase order end the documurts attached hcrmo. No acts of the Purchasers including, without limitation, acceptance of pained late deliveries, shall operate m a waiver ofthis provision. In the event ofany delay, the Touris r shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and balding the Seller liable for damages. However, the Seller shall our be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such se. of Gad, acts ofeivil or military amhmltles, governmental priorities, fins, strikes, flood, epidemics, wars or non provided that notice of the conditions causing trod, delay is given In the Pontiac, within five (5) days of the time when the Seller first received knowledge theren! In the event of any such delay, the date of delivery ,hall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, somples earl other descriptions given, will be fit for the purposes intended, and performed with the highest datum of can and competence in accordance with accepted standards for work of a -molar natme The Seller agrees to hold the porch., hanmless Smm any loss, damage or expense which the Purchaser may surfer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such larger period of time as may be prescribed by law or by the terms many applicable warranty provided by the Seller otter the date of acceptance affair goods famished hereunder (acceptance not to be unreasonably delayed), resulting Item imperfect or defrtwe work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver Orion claim under this warranty. Except as otherwise provided 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 guarantees, but such liability sholl in no went include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other Bun legal terms, including additions to or deletions from the mantaies originally ordered in the s reficmiona or dmwinga, by verbal or written change order. If any such change affects the mount due or the time of pert once hereunder, an equitable adjustment shall be made. 6. TERNUNATIONS. The Purclueser may at any time by wrimen change Order, surname this eirearrem as is any or all Forrmv of the good then not shipped, subject to any equitable adjustment between the Wttirs as to any work or materials then in pmgrws Provided mat the Purhaser shall nor his liable for any claims for anticipated profits on the uncompleted portion of the good andfor work, for incidental or consequential damages, and that no such adjustment be made in factor Of the Seller with ranee, to my goods which am the Sellers standard stick. No such termiatian shall reline me Purchaser or me Seller army o'theirobligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjusunem mnsr be sand within thin, (30) days form the dime tls change or termwtii n is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants mat all good sold Meander shall have been produced, sold delivered and fitrnished in snits dcompliance with all applicable laws and d am regulations to which the goosubject. Thr Seller shall execute and eliver such documents as may be required to eft t or evidence compliance. All cows and regulations required to be omparrated in agreements of this chanter am hereby incorporated herein by this refers. The Seller agrees to indemnify and hold me Purchaser harmless than all ass and damages suffered by the Purchaser m a mull of the Sellers fislare to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without me prior written consent of me other party. 10. TITLE. The Seller warrants full, clear and unmtnaed title to me Purchaser for all equipment, materials, and items fltrnished in performance of this agreement, free and clear of any and all liens, restrictions, reservation, security intrust meumbravecs and claims of omers. I4. PATENTS. WTenwe the Seller is required to use any design, device, maeral or p rreas i ovend by letter, pm m. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of me use of such patented design, device, material or process in cour.tion with the contract, and shall indemnify me Purchaser for my cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the proswution or after the completion of the work. In caw said equipment, or any pat thereof or the intended use of the gods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, me Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pats, replace the same with substantially equal but noninlringing equipment, or modify it so it becomes naninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or huntsmpt make an assignment for the benefit of creditors, appoint a or trustee f r any of the Sellers property or business, this order may fan ovith be canceled by the Purcthaser without liability. 16, GOVERNING LAW. The definitions oft.ns used or the interpretation of the agreement and the rights ofi ll parties hereunder shall be renamed under and governed by the laws mthe Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Farman work hereunder, including the services of Sellers Representamve(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until me same is fully completed and accepted, and shall, in case of any accident, destruction or injury to me work and/or materials before Sellers find completion and acceptance, complete me work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or emctim by me Seller, the Seller shall receive, natal, store and handle same at the site and become taponsible therefor as though such materials and/or equipment were being famished by the Sella under me order. IS. INSURANCE. The Seller shall, at his own expanse, provide for the payment of workers compensation, including occupational disease benefins, to its employees employed on or in connection with the work covered by this purchase order, and/or to their depeod.n in accordance with me laws of me slate in which me work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, mntractnl and automobile public liability imumove wim bodily injury and deem limits of at least S300.00s) for any one part, S500009 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such cormemation and insumme. Before any of the Sellers or his compactors employees shall do any work upon the premises of others. me Seller shall f ish the Purchaser with a certificate that such mmpeasmion and insurance have ban provided. Such cati5cafw shall specify the date when such compensation and insurance have been provided. Such cetifntes shall specify, the date when such compensation and imurdnce expires. The Seller agrees that such compensztion and insurance shall be maintainal until after me .,in work is completed and arse fid. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire m,wer biliry am liability fin any road all damage, loss in injury of any kind or mture whatsoever to person or property cauwd by or resulting from the execution of the work pmvidal far in this purchase order or in cowation herewith. The Seller will indemnify and hold hatmless the Purchawr and my r all of me Purchasers officers, agents and employces from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pat or subject by reason of ivy act, actives, neglect, omission or default on the pain of the Sella, my of his contractors, or any of the Sellers or outrarors officers, agents or employees. In coca, any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by meson of my act action, nigher, omission or default of the Sella of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume Be, &raw therof and m defend the same at me Sellers own expense, to pay my and all costs, charges, amtamrys fees and tamer car saint , any and all judgments that may be inearral by or obtained against the purchaser or any of its or their i ficers, agents or employees in such suits or other place Wings, and in case judgment or other lien be placed upon or obtained against me property ofthe Purchaser, or said parties in or m a result ofsuch suits or other proceedings, me Sella will at once now the same to be dissolved and diwbaged by giving bond or omenwise. The Seller and his contractors shall hike all safety praautiom, famish and install all girds necessary for me 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 mRali n r s issued Randall Ratio. Revised 03I2010