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HomeMy WebLinkAbout110816 UTILITY NOTIFICATION CENTER - PURCHASE ORDER - 3215035of Fort Collins Date: 0110212015 PURCHASE ORDER Vendor: 110816 UTILITY NOTIFICATION CENTER OFCOLORADO 16361 TABLE MOUNTAIN PKWY GOLDEN CO 80403 Delivery Date: 01/02/2015 PO Number Page 3215035 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Utility Locate Services 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 1 LOT LS 5,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 [��i71 -[Si ItK7�:r�[IK7TttiRTt� Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of ran Collins is exempt from sure and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cedificza of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon auks performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26,114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hcreuder or approval of no design, mall not release the Seller of Goods Rejected. GOODS REJECTED due 0 failure to neat specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order ad shall not be demand a waiver of my right of the damage m uursit maybe remised to you far credit and ere vat m be replaced except upon receipt of wrihen purchaser to insist upon smut Pcrfomaac Modern, my of its rights or remedies as to any such goads, regardless ineswcdoan fioan the City ofFort Collins. of when shipped received or accepted, as to my prior or subsequent default hereunder. nor shall my garlanded onl madifiation or daaissim of this purchase order by de, Pmcaser operate as a waiver army of the terms Inspatioa GOODS are subject to the City i f Fod Collins inspection an adivd. hereof. Final Acceptance. Receipt of We merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize not in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures. violations am in fact bore by We Purchua. Theretofore, for good cause and as consideration for extending this purchase order, She Seller hereby asaigm to We Purchaser any ad all claims it tray now eve or hereafter Freight Term. Shipments most be F.O.B., City of Pod Collins, 700 Wood St., Fort Collins, CO 80522, It. enquired uder federal or star antitrust laws for such overcharges relatiag to the Particular goods or services ouherwis, specified on this order. If permission is given to prepay freight and charge se stroody, the original fight purchased or enquired by the Purchaser Firmest to this purchase order. bill mesa a.mlanv invoice. Additional chames fen hocking will not be acted. Shipment Distance. Ware, mamfacmrers hove dbtfu ing points in vcrims puts of the country, shipment b expected fired the nearest distribution point to destimfiod, ad excess freight will be dHi ca l frvm Invoice when shipments are made from greater dimmest. Permits. Seller shall procure at sellers sole cast all necessary permits, adifians, and licenses required by all applicable laws, mpularms, ordinances ad tales of She state, municipality, territory or political subdivision when the work is perforated, or required by my other duly comtimred public authoery having junsdiction over the work of vendor. Seller f add r agrees to hold dre City of Fort Collins harmless from and midis, all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, xwmaires, miles and rcgulrerants. Authorization, All parties to this commr agree Shot the representatives art, in fact, bone fide and Possess full and complete auuhonty to bind said panirs. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stand herein an foeth and my supplementary or additional arms and conditions mneud hereto or matrimonial herein by reference. Any additional or different terms and conditions Proposed by seller are objected to and hereby rejected. 2. DELNERY. PLEASE ADVISE PURCHASING AGENT immediacy if you cannot make complete shipment to arrive on year Promised delivery date is oozed. Time is undue essnue. Delivery and performance most IN infected within We time stated on the purchase order and She documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the even of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, She option ofplacing this order elsewhere and holding the Seller liable for damages. However, She Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligent such acts of God, acts ofcivil or military au laantiet, governmental priontics, Sires, strikes, flood, epidemin, wars or riots Provided Sat notice of the conditons causing such delay is given to She Purchaser within five (5) days of the time when the Salley first received knowledge thereof. In Sho event of my such delay, the date of delivery, shall be aten4d for the rend equal to the time amet lass by reason oftlrc delay. 3. WARRANTY. The Seller warrants that all goods, articles, statedos and work covered by this order will conform with applicable drawings, specifications, samples marker other descriptions given, will be fit for the purposes intended, and Federated with the highest degree of arc and competence m accordance with accepted standards for work of a similar notion. The Sella agars a hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or man on amour of She Sellers breach of warranty. The Sell. shall replace, repay a make Road, without cost to the Purchaser, my defies or faults arising within one (1) year or within such longs paned of time as maybe pmeribcd by law or by the terms of my applicable wadaaty pr idd by the Seller after the date of aceptmtt of no goods Punished hereunder Becepwue not W be unreasonably delayed), resulting fmm imperfen or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchased shall not constitute a waiver ofany claim order this warranty. Except M 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 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 Purchases may make changes to legal tams by wrivm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tennm, ether dun legal tetra, including ddiuoas to or deletions fmm the quinunica originally ordered in the specifications or drawings, by verbal or written change owes. If any such change affects We amount due or the time of performance hereunder, an equitable djnstment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by written change owe, terminate this agrecamer as to any nr all poniaas of We goad Was tat shipped, sm al to my Wuitable coliseum, between the adi. as to my work or nnaariab than in progress provided tat We Purchaser shall tat be liable for my claims for anticipated profits on We uaompleted portion of the goods adsor wok, for imidental err casrquenual damage, and tut m such djusim.t be made in favor of the Seller with rapes, to any goods which are We Sellers standard stock. No such Maninsums shall relieve We Purchaser or We Sella of my oftheir obligations as to my goads delivered hereuda. T. CLAIMS FOR ADJUSTMENT. Any claim fen adjustment most be asserted within Wirty (3d) days from the date the change or Saturation u ordered S. COMPLIANCE WITH LAW. The Sella warans that all goods sold bcreuder shall have been produced sold, deliv,. d and fumbhed in smcs compliance with all ap,Ii.ble laws and fi gulaions to which the goods art subject. The Sella shall execute and de[iva such documens as may be required to effect or evidence compliance. All laws and regulations required W be incorponud in agreements of this character are hereby unconstrained herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchases as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, ursfer, or convey this added, or any monies due or to become due heremda without We pear with. consent ofee other party. 10. TITLE. The Sella warrants full, clear and umestrided title So the Purchaser for all equipment ramenals, and items famished in perfonnmce of this agreement, free and clew of any and all liens, restrictions, radvaitiom, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser ditecu the Seller to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller theeafter indicates its inability or unwillingness to comply, the Parchasa may cause the work to be performed by We most expesdifioas means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchases and its contractors of my tier from all liability and claims of my mtme resulting from She performance ofsuch work. This release shall apply even in the event of fault of negligence of We pry released and shall abroad So the demand. officers not employers ofsuch parry. The Seller's contmdml 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. 14, PAI ENTS. Whenever the Seller is r mired to we any design, device, material or process covered by letter, patent Southmark r copyright She Seller shall indemnify not save harmless the Purchaser fmm my and all claims for infringement by named of the use of such patented desigq device, material or process in extraction with the contras, and shall indemnify She Purchaser for my cut expense or damage which it maybe obliged to Pay by reasov of such Infringement at my time during the prosecution or after Rah completion of the wank. In rase said equipment, err my Pan theara f or the mtended use of She goods, is in such suit held to coetimte infringement and She use of said equipment or pan is enjoined, the Seller shall, at its own expense aad at its option, either proud fen the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment or modify it so it became; noninfringing. 15. INSOLVENCY. If the Sells shall become iuselvent or bankrupt make an assigrranent fen We benefit of crcda rrs, appaint a receiver or trmsea farmy of the Sell. property or busimforthwith, Shia raider may forthwith ho wuceled by She aser Purchwithout lieliliy. 16. GOVERNING LAW. The definitiom of terms used or the interpretation ofthe agreement and the rights of all pries heremder shall be contained under and governed by the laws ofthe State of Colomdo, USA. The fallowing Additional Conditions apply only in cues where the Seller is as perform work heremds, including the services of Sellers Repssamortive(s), oho the premises of otlms- 17. SELLERS RESPONSIBILITY. The Sella mall carry m said work to Seller's own risk until the arse is fully completed and accepted, and shall, in case of any accident, destruction or injury to We work combat materials before Seller's final completion and aceparri complete She work in Seller's own expense and to She satisfaction of the purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become mawasible therefor as though such materials andlor equipment were being famished by the Sella under the order. 18, INSURANCE. The Sella sal[, at his awn expense, pSmide for the payment of workers mmpenwiix , including exampdotul disease benafis, to its employees employed on or in dimension with the work covered by this pmcbase order, anYor to their chdadens in acardauce wish She laws of the slate m which the week is to be done. The Sella shall also any, comprehensive general liability including, but not limited co, andruaml and automobile public liability imumnce with bodily injury and demh limits of at least S300.000 for any one person. ESdg000 for any contaccident and property damage limit pa accident of 5400,000. The Seller shall likewise require his ractors, it any, in provide for such compensation and insurance. Before my of the Sellers or his mountain employees shall do my weak upon the premises of others, She Seller shall famish the Purchaser with a cmificate that such compensation and insurance eve been provided. Such ani0ata shell specify ere date when such wmpasation and imwance eve been provided Such cs:anfates still specify the date when such compensation ad insurance expires. The Seller agrees tar such canomination and hte.it shall be mainained —fit ado der nation wank is computed ad accepd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes We entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from due execution of the work provided for in this purchase owe, mill connection herewith. The Sella will indemnify and hold harmless dun Purchaser and any r all of the purchasers officers, agents and employees fmm and against my and all claims, lotus, damages, charges or expenses, whether direr or insurers, and whether to Persons in property, to which We Pumbasea may be pat or subject by reason of my and, urban, neglect omission ar deficit, as the part of der Seller, my of his rontrsomm, or any of We Sellers or contractors officers, agents or employers In case my suit or other proceedings shall be brought against We Patchiness, or is officers, agcns or employers at my Halle on encount or by rams of my set, action, neglect, omission or default of She Sella of my of his contractors or my of is or their oBicers, agents or employees as aforesaid; We Seller hereby agrees to assume the defense Weneof and to &tend the same et the Sellers own expense, to pay any and all toss, charges, rtomrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purohaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obta mil against abe Program, of the Purchases, m said parties in or as a result of such suis or abler proceedings, the Sella will r once cause We same to be dissolved and dksehaagal by giving bad or otherwise. The Sella and his .mentors shall Sake Mi safety Prosecutors, famish ad insist] all guards aaessary for the prevention of sudden, comply with all laws ad regulatioas with regard So safety including• but without Emission, the Oceupmional Safety coal H.IW Act of 1970 And all tales and regulatiamismal pursues, Wereto. Revised 07R014