HomeMy WebLinkAbout102351 COMMUNICATIONS PRODUCTS & SERVICES INC - PURCHASE ORDER - 9146573Fort Collins
Date: 11/10/2014
PURCHASE ORDER
PO Number Page
9146573 1012
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 102351 Ship To: ELECTRIC UTILITIES
COMMUNICATIONS PRODUCTS & SERVICES INC CITY OF FORT COLLINS
1740 W WARREN AVE 700 WOOD ST
ENGLEWOOD CO 80110 FORT COLLINS CO 80521
Delivery Date: 11/07/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 045676-00
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@fogov.00m
ilSili 169
5,510.00
Pay terms net 30 days
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60p0587 Is regNtemd with the Collector of
Failure of the Purchaser to insist upon strict permor mnce of the terns and conditions hereof, failure or delay to
Intend Revenue, Denver, Colorado (Ref. Colorado Raned Statutes 1973, Chapter 39-26,114 (a),
canine any rights or remndies provided harm or by law, fail. to prornpdy notify the Seller in the event of a
bench, the acaptantt of., payment for goods hereunder m approval offs deign, shall pat release the Seller of
Good Rejected. GOODS REJECTED due to milare to meet specifiptioru, either whim shipped or due in defects of
any of the warranties; or obligations of this purchase older and shall not be deemed a waiver of my tight of the
damage in transit, may be remmed to you for ardo and are not to be replaced except upon receipt of wrinim
parching, to insist upon strict pert mem havofor any of its rights w remedies as to any such good, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as W say From or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase older by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fart Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order pan result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authariood payment on the part or the City of Too Collins. However, it is to be understood that FINAL
Seller and do, Purchaser recognize that in actual economic prettier, overcharges resulting film antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedum.
violations are in fact borne by the Purchase. Formalism, for good wave and in consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O D., City a Ivan Collins, 700 Wood St., For Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this oMa. If permission is given to prepay freight and charge separately, the original (eight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill mat accomoanv invoice. Additional charees fir parking will not he accented.
Shipment Distance. Hfere m.nufazmra, have distributing points in various from of the country, slapment is
expected from the neared dissolution point so destination, and excess freight will be deducted from Invoice when
shipments are made floor greater distance.
Permits. Seller shall procure rat sellers sole cost all necessary permin, certificates and licenses required by all
sppliable laws, regulations, ordinances and mils of the state, municipality, territory, or political subdivision where
the work is Performed, or required by any other duly corationed public vuthotiry having jurisdiction over the work
of vendor. Sella further ogre to hold Be City of Fan Collins board. fmm and against all liability and loss
incured by them by reason of an ssserted or established violation of any such laws, regulations, ordinances, rules
and require cots.
Aumonzation. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits accepts. on the ,emu and conditions sated
herein act fond and any supplementary or additional tams and conditions annexed hereto or incorporated herein by
tr ce. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
3. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot mike complete shipment m amve on your
promised delivery date as noted. Time is of the essena. Delivery and performance must be e0ected within the time
stated on the purchase aide, and the documents aached here.. No acts of the Purchasers including, without
limitation, acceptance ofpmial late delivens, shall operate av a waiver of this provision. In the event fully delay,
the Purchaser shall have, in addition to mm, legal and equitable remedies, the option of placing this under elsewhere
and holding rate Sella liable for damages. However, rise Seller shall not le liable for damages in a result of delays
due to comes not reasonably foreseeable which arc beyond its memorable control and without its fault of negligence,
such acts of God, acts ofcivil or military cultivation, governmental proctors, fires, mikes, Bead, epidemics, wars or
riots provider] that mole of the runabouts causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof.. In the event of any such delay, the data of delivery shall be
extended for the period equal a hie time mmally last by reran ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, article, materials end work covered by this older will conform with applicable
drawings, specifications, samples and/or other dacnp,ioa given, will b fit for the purpose intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hsmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Seller breach of warmay. The Seller shall replace, repel, or make
good, without cost a the purchases. any detects ve faults sunning within one (1) year or within such longer period of
time as may be presented by law m by the tetra ofany applicable wart provided by the, Seller afa the date of
.er, now of the Rand combined trremder (acreprance mo in be nably delayal), mulling from imMr.
or defective work done or materials furnished by the Seller. Acceptance or am of goods by N< Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to .11 damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or loss of ere. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase may make change to legal terns by wrinen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purehacr may make any changes to the terns, ether than legal rams, including additions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or woman change order. If any such
change affects the smomt due or the time ofpedonmaume hereunder, an equitable adjunmen, shall he made.
6. TERMINATIONS.
The Purchaser may at my time by women change oNer, mnmimm this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment between the parties as to any work or mammals then in
progress provided that be Purchaser shall not be liable for any claims for anticipated profts on the uncompleted
portion of the gwd and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to my goods which arc the Sellers standard stock. No such termination shall relieve
the Patchett or the Sella ofmy of Weir obligation as m any goad delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim far d,.at mat be nssmed within thirty (30) days from the des,a the change nr termini. is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in so-ia
compliance with all applicable laws and regulations a which the goods art subject. The Sella shall execute and
deliver such davmenu in may be raryirM as eRert err evidence compliance. All laws and regulations required a be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser a a result of the
Sellers fail.. to comply with such law.
9. ASSIGNMENT.
Neither puny shall assign, bo afer, or convey this order, or any movie due or a become due hemunder without the
'fire wdnm consent of fie oNer Parry.
10. TITLE.
The Sella warrants fIL ofr end unrestricted title to the Purchaser for all equipment. materials, rand it. famished
in perfommnce of this agreement, free and clear of my and all lira, msoiediors, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Pumhasa directs the Seller W actual mnwnfreming or defective good by a date a be agreed upon by the
Purloua and the Seller, and the Seller thereafter indicate its inability or unwillhtgness to comply, the Purchaser
may cause the work a be performed by fie most expeditious means available to it, and the Seller shall pay all
cows associated with such work.
The Seller shall release the Purchaser and in contractors ofany tier from all liability and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even th the event of fault of negligence of hie parry released and shall extend in the
directors, officers mid employees of such party.
The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
Ia. PATENTS.
Whenever the Sella is required to use any design, device. maternal or process covered by lever, patent, tmdemad,
or copyright, the Seller shall indemnify and save bmmless the Purchaser form any mad all claims for infinagemev,
by tmmn of the use of such patented design, device, malaind or process in connection with the contact, and
skill indemnify the Purchaser for any cat, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution m after the completion of the work. In case said equipment, or
my pan thereof or the indented use of the goad, is in such suit held to constitute immurement and the act of
said equipment or pan u enjoined, the Seller shall, at its own expense and at its option, either procure for Ne
Purchaser the right to continue ruing said equipment or pans, replace hie same with substantially equal but
maimmnging eep ipment or modify it so it become noromfinging.
IS. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the bereft of nation, appond a
receiver or trustee for any of the Sellers property or business, this Order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of.. used or the interpretation of the agreement sad the rights of ell parties haeunda shall be
answed under and governed by the Wws ofNe State of C.I.md., USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repreaentative(s), on the premises oration.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry an said work in Sellers oxen risk until the erne u filly completed and accepted, and shall,
in rose of any accident, destruction Or injury to hie work mNor materials before Sellers Palo] completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When and rials
and equipment art furnished by others for installation or election by the Seller, the Sella shall moriva unload,
store and handle same at the site and became responsible therepar, as it ... h such materials ardor equipment
were being fmniahed by the Seller under the order.
18. INSURANCE
The Seller shall, a, his owe expecte, provide for the payment of workers c real rawitiaa including occupational
disease beneftu, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their deprndenrs in accordance with the laws of the am,, in which she work u to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with wily i jury and death limits of at least S300,000 for any one parson, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seiler shall likewise requirt his
antrachous, if any, to Provide for such compewtion and insurma. Before my of the Sellers or his comments
employees shall do any work upon the premises of others. the Seller shall Finnish she Purchaser wild, a cedifwte
that such compensation and itsumrce have been provided. Such mtifiw,n shall specify the date whim such
compensation and insurance have been provided. Such cartifiates shall specify the dam when such compensation
and insurance explore. The Seller agrees that such compensation and insurance shall be maintained until area the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resources due more responsibility and liability for my and all damage, lass or injury crony kind
or more wharmasswr to persons or property [aimed by or resulting fmm the execution of the work provided for in
,his purchase oNer or in counsel. herewith. The Sella will indemnify and bald harmless We Purchaser and any
r all of the Purchasers officers, agents and employees from and against any end all claims, loses, damages,
charges or expenses, whether direct or indirect, and whether to persons or propeny to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or my of fie Sellers or contractors officers, agents or employees. In one any suit or other
proceedings shall be brought against the Purchase, or its once a, agents or employees at my time on mcomd or
by reason of any act, action ceded, omission or default of the Seller of any of his commctan or any of ins or
Heir officers, agents or employers an aforesaid the Seller herby agree or ammo the deft Ncrtof and a
defend the same at the Sellers lam rNmise, to pay any and all an, charges, .,,..a, fees ad other expenses,
any and all judgmens 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 case judgment or offer lien be placed upon or
obtained against the property ofNe Paechastt, or aid parties in or as a result of such suits or other proceedings,
the Sella will at once cause the sarum to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish surd install all guards necessary for the prevatim of
accidents, wmply with all laws surd regulations s.ith regaN to safety includes, bur wifou, limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulation issued pursmand femo.
Revised O7(2014