Loading...
HomeMy WebLinkAbout163941 CATELLUS FIBER OPTICS LLC - PURCHASE ORDER - 9142588PO PURCHASE ORDER 914258er Page C117/ of PURCHASE 9142588 1 of 2 C6rt Collins This number must appear �—`J-' ` ` 1 1 on all invoices, packing sli s and labels. Date: 05/08/2014 Vendor: 163941 CATELLUS FIBER OPTICS LLC C/O CATELLUS PARTNER REIT 1 PO BOX 742811 LOS ANGELES CA 90074-2811 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i OTHER PROPERTY SERVICES 1389 4/01/14 THRU 3/31/2015 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 LS 8,991.63 Total $8,991.63 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. COMMERCIALDETAIIS. - Tax exemptions. By samm the City of For Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. ' 98-04502. Federal Excise fax Exemption Certificate of Registry 84-6000587 is regismad with the Collector of Failure offe Purchases m insist upon sniet prformarue of the terms ad conditions heref, failure or delay to Imemal Revenue, Denser, Coloredu (Ref. Colorado Revised Salutes 1973, Chapter 39-26, 114 (a), exemise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach the acceptance of or payment for grads hereunder or approval tribe design, shall not release the Seller of Goads Rejected, GOODS RD ECTED due to failure to meets ircificatiers, either when shipped or due to defects of any of the wacenties or obligations of this purchase under and shall not be deemed a waiver of any right of the d mage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance bereofor any of its rights or remedies as to any such goods, regardless instructions fmm the City of For Collins, of whrn shipped, recclved or sccepted, - to any Friar or subsequ ar default hereunder, not shall any pi apored oral modification or rescission of this purcbase order by the Purchaser opemte as a waiver of any of the arms Inspaaian. GOODS are subject to the City airport Collins inspection on interval. hereof. Final Acceptance. Reecho of the mercbwdiw, servica, or equipment in response to this area can moult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autlwrmad payment on the pan of the City of For Collins. However, it is to W uMentood that FINAL Sella and ilia Purchases recognize that in actual a is practice, overcharges resulting fmmntitrust a ACCEPTANCE is dependent upon completion oared applicable car urinal incitation procedure, violations are in fact home by the Purchaser. Thertf tore, forgoodcause and a conside rdim for executing this purcluse order. the Sella hereby cosigns ao the Purchaser any and at claims it may now have or hwaMmr Fright Tema. Shipments must be TOM, City of For Collins, 700 Wood Sl., For Collins, CO $0522, unless aquird under federal or site amiunst laws for such overcharges odating to the prd icula goods or services otherwise specified on this order. If permission is given to prepay freight and charge smarmely, the original freight purchased of acquired by the Purchaser pursuant to this purchase order. bit must aecompauy invoice. Addhianal charges for pocking will not be accapl i 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in canons pans of the country, shipment is If the Purchases directs the Seller to correct nonconforming or defective goods by a date to be agred upon by the expected from the nearest distribution point to destination, and excess freight will he deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its Liability or unwillingness to comply, the Purchaser shipments are made fmm fewer distance. may cause the work a be perfmmd by the most expeditious means available to it, and the Seller shall pay all costs associtial with such work. Permits. Sella shall procure m sellers sole cast all am., permits, mitifiwta and licenses mappeal by all applicable laws, regulations, oNinamers and rules rthe sate, mwicipaliry, mndery oupalitical subdivision where the work is pedormd, or mquind by any other duly co adds al public whom, ha ingjunsi iction over the work of r.do,. Seller fuller agrees eo hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an assered or establisher violation of any such laws, regulations, ordinances, me; and requirements. Authorization All parties to this contract agree that fe representatives are, in fact, bon fide and possess full and complete nuffirm ry to bind said parties. LIMITATION OF TERMS. Tax Purchue Order expressly limits acceptance to the terms and conditions staler herein set fors and any supplementary or additional terms and conditions annexed hereto art inco,manded herein by inference. Any additional or different ema and conditions proposal by seller ere objected to said hereby rejmtW. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment tt serve on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time staled on the purchase order and the docomenu starched hems. No am; of the purchasers including, without limitation, acceptance of moral line deliveries, shall operate as a waiver of this provisioo in the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpiming this aNc, ekawlsem and holding the Seller liable for damages. However, the Seller shall not be liable for damages as it result of delays due to causes not imse-bly freseemle which are beyond its reasonable control and without its fault of negligence, such arc a official, was of civil or military notorious, gwetwom al graneies, fires, stakes, flood, epidemics, wars art hots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. 1. the ante of any such delay, the data of delivery shall be extended for the peered equal to the time wholly lost by reason of th<delay. 3. WARRANTY. The Sella warrants that all goods, tricks, materials and work coverer by this order will conform with applicable drawings, specifications, samples andlor other descriptions given, will be fit for the purposed imemfal, and pe fotmedlnTH the highest degree of care and competence in accordance with accepter standards, for work of a milar nature. The Sella 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 cf warany. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescriber by law or by the arms of my applicable w'arma ry provided by the Seller after the dam of acceptance ofthe goods famished hereunder (acceptance not be unreasonably delayed), molting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall mat oatiem a waiver of any claim under this wartwry. Except as otherwise provided in this purchase area, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamanries or gwerneves, bur such liability shall in w event include loss of profes art loss ofors, 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 written change order. S. CHANGES IN COMMERCIAL, TERMS. T he Purchaser may make any changea to the terms, other than legal terms, including additions to art deletions form the quantities oigmally ordered in the spwileadmis or drawings, by veNal or wricen change o Ter. If any such change affects the am a. due or the time of performance hereunder, as car duble adjustment shall be made. 6. TERMINATIONS. The Pumhuer may many time by wniren change maker, monciate this agreement as ao any or all poniorss of the goods then not shipped, subject to any <quiable adutment between the parries as to my work or materials then in progress provided fur the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of re goods and/or work, for incidental or reaaequential damages, ad that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller reform of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSDMENT. Any claim fir and wh r or be —.red within thirty (30) days form the date the change or mrmiation is ordered. S. COMPLIANCE WITH LAW. The Sella wmawrs fat all goods sold hereunder shall have been produced sold delivered and famished in strict compliance with s11 applicable laws wed iegulatimis to which the goods are subject The Seller shall execute and deliver such docvmena as may be rcyuird to effect m evidence compliance. All laws and regulations requieN to be incorporated in agreements of this character are herby incmpomted train by this reference. The Seller agrees to indemnify and hold dse Purchaser hanni from all cosh and damages suffered by the Purchaser as is all of Ore Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, nmssfer, or compy this order, or my monies due or to became due hereunder without the Lana, woman monsm, of do, other Fury. 10. TITLE. The Seller warm .bill, clear wed umewricmd title to$e pumhasa for ell equipment nateaak, all items furnished in perforwmce of this informal, free and clear of any cad all liars, restriction, resmnlime, security Liters, wcambrances and claims of others. The Seller shall release the Purchaser and its mmmctors of any her fmm all liability and claims of any nmure resulting fmm the performance cranes work. This aleme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofmch party. The Seller's contractual obligations, including w.ar ity, shall not be deemed to be reduced, in any way, because such work is perfumer or mused to be performed by the Purchaser. 14, PATENTS. aa'henever the Sella is natural no um any design, device, mutual m process con<red by letter, palmt andemak or copyright, the Sella shall indemnify ad save harmless the Purchases form any ad all claims for infringement by reason of drc use of such patented design, device, rwterial or process in mnnection with the cornet, and shall indemnify the Purchaser for any most, expense or damage which it may be obligal to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipments or any pan thermf or the intended use of the goods, is in such suit held 1. conclude infringement and the use of said minimum, or pad is catmi er, the Seller shall, at its own expense and at its option, either procure fur, the Purchaser the right to continue using said equipmmt or per,, replace the were with substantially equal but noninfinging equipment, or modify it sin it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become insolvent or bwkmpt make an assignment for the benefit of madders, appoint a maeover err uudme for my of the Sellers property or business, this order may forthwith be canceler by the Purthua without liability. 16-GOVERNING LAW. The definitions ofterms maxi or die interpmation of the agreement ad the rights are]] parties hereunder shall be construed under and govamed by the laws ofthe State ofColomda, USA. The fallowing Additional Conditions apply only in where the Seller is to perform ..,it hereunder, f including the services oSellers Rimesenalive(s), on thees premises creasers. ❑. SELLERS RESPONSIBILITY. The Seller shall may on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in au of any accident destrvcdon or injury to the work oral materials before Sellers final completion all acceptance, complete the work in Sellers own expense and To the satisfaction of fe Purchaser, Whrn materials and equipment am remedied by others for imallation or erection by the Sella, thc Seller shall raice, unload, store our hamdle same in the sine wad become responsible therefor as Ermgh such materials emFor equipment were being f ishal by the Seller under the order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occuratiorul disease benefec to its employees employed on or in connection with the work toward by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry compahreave general liability including, but not limited a, contractual urak automobile public liability insurance with bodily injury and death limits of at least 5300,OOD for any one person 5500,000 for any one accident and property damage limit per waiting of 5400,000. The Sella shall likewise require his comencema, if any, to provide for such compression all insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall f ish the Purchaser wads a cerificare that such compensaion mho insurance have been provided- Such arificares shall specify the daze when such compensation cad insurance have been provided. Such certifimms shall specify the dam when such mm,am rion and insurance expires. The Seller agree that such compensation all insurance shall be mainaind wail after the entice work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the retire responsibility and liability for my and all damage, loss or injury of any kind or nature who6on'er to persons or properly caused by or resulting from the execution of the work provided far in this purchase order or in connection herewith The Seller will indemrtify and hold harmless the Purchaser and any r all of the Perfumes, officer, agem, and employees man and named any and all claims, losses, damages, charges or expense, whether direct or indimt and whether am persons or primary to which the Purchaser may be put or subject by reason of any wt action, neglect, omission or default an the pan of the Sella, any of hit conwaon, or any of the Sellers or contractors officers, agents or employees. In case my suit or other Proceedings shall he brought against the Purchaser, or is officers, agena or employees at any time on account or by reason of any not, action, begins, omission or default of the Seller of my of his com ucaors or my of its or their officers, agree, or employees as of aid, the Sella hereby agues to ..me the defvs, thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, wameys f s and other expanses, any cad all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property offe Purchaser, or said panic in or as a result of such suits or other proceedings, the Seller will at ounce cruse the sane to be dissolved and discla art by giving bond or otherwise. The Seller and his contractors shell take all safety reaction, famish and meall all guards necessary fur the forcemeat of accidents, comply with all laws and regulmions with regard in safety including, but without limianon, the Occupational Safety all Health Act of 1970 and all roles and rockiness issued Pursuant therein. Revised 03)2010