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HomeMy WebLinkAbout473697 FIBEROPTIC SUPPLY - PURCHASE ORDER - 3215317Fort Collins Date: 01/1312015 PURCHASE ORDER Vendor: 473697 FIBEROPTIC SUPPLY 2171 SOUTH TRENTON WAY, STE 223 DENVER CO 80231-5359 PO Number Page 3215317 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 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 Fiber Optic Supplies 1 LOT LS 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. 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 7,000.00 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 L COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Comfort, of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Gmds Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due w defects of damage in trami, may be returned in you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response 0 this order can result in authoriuN payment on the an of 0e City of run Collins. However, it is a be understood Char FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be, F O.B., City of Fon Collins, 7M Wood St. Fon Collins, CO 80522, unless otherwise specified on this order. If Permission is given to prepay freight and charge separately, le ongmal freight bill must accompany invoice. Additional <hrr,cs for packing will rat be accepted. Shipment Dismnce. Where manufacturers have distributing points in varlom pant of the country, shipment is expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments arc made from greater distance. Formula. Seller shall procure at sellers sole cost all necessary permits, cenificams and licenses required by all applicable laws, regulations, ordinances and m1es of the stem, murdcipath , territory or political subdivision where the work is performed, or required by any other duly censti,med public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Pan Collins hammers from and against all liability and loss incurred by them by reason of an mumed or established violation of any such laws, regulations, ordinances, roes and on dmments. Authorisation. All parties to this contract agree that the representatives are, in fan, bona fide and possess full and complete authority m bind said parties. LINBTATION OF TERMS, This Purchase Order expressly limits acceptance to le terms and conditions stated herein set forth and any supplemenury or additional morn and conditions annexed hereto or incur Perared herein by reference. Any additional or differ., it. and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and le documents attached herea. No acts of the Purchamrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver arms provision. In the event of any delay, le Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall he, be liable for damages as a touch of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities govemmmtal priorities Gnu, surkes, Sued epidemics wars or note provided Nat nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the dine when le Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold the purchaser harrnlus from any loss, 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 good, walnut cost in the purchaser, any defects or Nulls arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of cceptance of the goods furnished hereunder (acceptance not to be torma.u nably delayed), rultin, from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall or constitute a waiver army claim under this warany. Except as otherwise provided in this purchase ofdef, the Sellers liability hereunder fall 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 TERNS. The Purchaser may make changes io legal terms by wine t change order 5. CHANGES IN CObllMERCIAL TERMS The Purchaser may make any changes to le terms, other Nan legal moms, including additions or or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wristort change order. If any such change affects the amount due or the rime of performence hereunder, an equitable adjustment shill he made. 6. TERhBNATIONS. The Purchaser may at any time by writ change order, terminate Nis agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided Nat the Purmcder shall nor be liable for any claims for anticipated profits on the mr.mplehed portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment bo made in favor of the Seller with respect a any goods which are le Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T CLAI,MS FOR ADJUSTS,ENF. Au claim for adjustment most be mimed within thirty, (3r,) days from die date the mange or termination is arrested]. 8. COMPLIANCE WITH LAW. The Seller warants that all goods sold hereunder shall have hem produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations in which due goods am subject. The Seller shall execute and deliver such document, as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorytueted herein by this reference. The Seller agrees to indemnify and hold le Purchaser harmless from all costs and damaged suffered by le Purchaser as a result of the Sellers failure W comply coil such law. 9. ASSIGNIcIl Neither parry shall cosign transfer, or convey this order, or my monies due or to become due hereunder without due prior wnneh consent of the ether wen. 10. TITLE. The Seller warrants fall, clear and mosencted title to the Purchmer far all equipment, materials, and items furnished in performance of this agreement, free and clear of my and ell liens, restrictions, reservations, sovii interest ohcumbrance5 and claims of others. 11. NONWANER Failure of the Purchmo to insist upon strict performance of the terms and conditions hereof, Failure or delay to exercisy rights or remedies provided herein or by law, faire luto promptly notify le Seller in the event of a breach. me acceptance of or payment for goods heretmder or approval of the design, shill not release the Seller of any of the wararrams or obligations of this purchase order and shall not be deemed a waiver of any tight of the purchaser to insist upon scut performance hemofor any of its rights or remedies ad to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall airy purported oral modificamen or rescission of this purchase order by the Purchaser operate is a waiver of any of the team hereof, 12. ASSIGNNffiNT OF ANTITRUST CLALNS. Seller and the Purchaser recugnive that in actual eco mic practice, overcharges resulting from antitrust violations are in fan home by the Purchaser. Thereaforenfor goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchmer any and all claims it may now have or hereafter acquired under federal or stare antimuc laws for such overcharges miming m the particular goads or services purchased or acquired by the Purchaser pursuant a Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to contains nonconforming or defective goods by a date to be agreed upon by the Purchaser and due Seller, and due Seller thereafter indicates its inability w unwillingness an comply, the Purchaser may cause the work an he performed by the most experiments means available to iS and the Seller shall pay all costs armciated with such work. The Seller shall release the Purchaser and its contracmrs of any tier from all liability and claims of any nature uulang from the performance of such work. This release shall apply even in the event of fault of negligence of the parry mlamed and shall extend m dee directors, officers and employees ofsuch parry. The Sellers contractual obligations, including wouranry, shall not fee deemed a be reduced in any way, because such work is performed or carried ,a be performed by the Purchaser. 14. PATENTS. WIrmuet the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shill indemnify and save harmless the Purchaser from my .dill claims for infringement by reason of le me of such rammed design, device, material or process in connection with the contract, and shall indemniy the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan memoir or the intended me of me goods, is in such suit held to constitute infringement and the me of said equipment or pan is enjoined le Seller shall, at its own expense and at its option, either procure for le Purchaser the right to continue min, said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfinging. 15.INSOLVENCY. If le Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, .paint a receiver or trustee for any of the Sellers property or business, this order may fartit be canceled by le Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights oral panics hereunder shall be consumed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repruanm,ignif on the premises of others. 1I. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk ruff the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or mates als before Seller's final completion and acceptance, complete the work at Seller's own axpense and to me satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or coupon by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being finished by the Selle, under the orde,. 18. INSURANCE. The Seller shall, a his own expense, provide for the payment of workers compensation, including occupational disease benefits, in its employees employed on or in comecrion with the work covered by this purchase order, andror as their dependent, in accordance wit the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and auamobile public liability insurance wmh buddy injury and death limns of at leas, I3... for my one pemon, I50p,00o for any one accident and property damage limit Par accident of S40Q000. The Seller shall likewise require his concramors. if any, to provide for such comporsawn and insurance. Before any of me Sellers or his contractors employees shell do any were upon the premises of others, the Seller shall furnish the Purchaser with a east cam that such compacon and insurance have bent provided. Such certifca e, shall specify the date when such compensation and insurance have been provided. Such ceniiestes shall specify the data whan such.mpareadon and insurance expires. The Seller agrees Nat such compemation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Ne entire respomlbiliry and liability for any and all damage, loss or injury of any kind or narure whensoever to persons or property causal by or resulting fmm the execution of the work provided for in this purchase order or in mmrecom herewith The Seller will indemniy and hold harmless the Purchaser and any or all of the Purchasers effects, agents and employees form and ammo any and all claims, losses, damages. charges or increases, Whether Nrecr or indirect' and whether to persons or property w whim le purchaser may be put or subject by lesson of any act, action, neglect, omission or default on the part of le Soler, any of his contractors, or any of the Sellers or contractors ofiars, agents or employe.. In case my suit or other proceedings shall be brought agaiml the Purehmer, or its officers, opens or employees at any time an account or by reason of any act, action, neglect, amlssian or default of le Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend le same an le Sellers own expose, to par my and all costs, charges, minann s fees and other expenses. my and all judgments that may be incurred by or obtained against the Purchmer or any of its or their officers, agents or employees in such suits or other proceedings, and in rase judgment or other lint b r placed upon or obtained again, le proper, of the Purchaser, or said parties in or as a result of such suits or other proceedings le Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contrecars shall take all safety precautions, furnish and instal all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health An of 1970 and all rules and regulations issued pursuant lerem. Revised M014