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HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATIONS CORP - PURCHASE ORDER - 9150347PO PURCHASE ORDER 915034er Page �.'I�/ of PURCHASE 97 50347 1 of z F6r} Cot Ins This number must appear ,�—J`-' ` ` on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 124503 SAGE TELECOMMUNICATIONS CORP 6700 RACE ST DENVER CO 80229 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Electric Services and Materials - U.G 7546 Directional Boring & Trenching 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 inxei� 61 500,000.00 Total 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. COMMERCIALDEfAHS. Tax exemptions. By smarm the City of Fan Collins u exempt from state and local taxes. Our Exemption Number is 93 04502. Federal Excise Tax Exemption Cedilicate of Registry 84-6000ND is registered with the Collector of Internal Revenue, Drove, C.I.do (Ref. Colorado Revised Statutes 1973, Climate 39-26. 114 (a). Goods Rejected, GOODS REJECTED due to failure or meet specifications, either when shipped or due to defects of damage in tray i,, may be rearmed to you for credit and am not b be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Pon Caning inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authoured payment on the pan of the City of Ton Collins. However, it is to be understood that FINAL ACCEPTANCE. is dependent upon completion ofall applicable required imP stiou prucedmes. Freight Terms. Shipments must be F.O.D., City of Too Collins, 700 Woad St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately the argued fright bill muss.compavy invoice. Additional charges for Parking will not be accepted. Shipment Distance. Where manufatums have dtsblbuting points in comes, pans of the mumM shipment is expected from the normat distribution Point to deduction, and excess freight will be deluded tram Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers ..It cost all riscrem, parnits, certificates and licenses required by all applicable laws, areadi,an., ordinances and macs of the slate, municipality, territory or political subdivision where the work is performed, or mquired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Lumber agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, mdinaces,, rules and requirements. Annunciation All parties m this contract agree that the repreuntatlwes are, in Net, bona fide and possess full and ompame authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance as the terms and conditions sated Form. set fond and any supplementary, or additional marts and conditions noticed hereto or incorporated head. by reference. Any additional Or different tans and conditions proposed by seller can objecedf, it hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASHVG AGENT immediately if you ramot make complete shipment m arrive on your promised delivery dam as noted. Time is of the essemt. Delivery and performance must be effected within the time staled on the Dmen.. order and the doeumen¢ matched hereto. No acts of the Pumhosen including, without Emanation, acceptance of partial Ire deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding she Seller liable for damages. I loweveq the Seller shall not be liable for damages as a result of delays due to causes not moomably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, aces ofeivil or military wth nitim, gfivernmencal priorities, fires, strikes, flood, epidemics, was or dots provided Out notice of the conditions causing such delay is given to Ore Purchaser within five (5) days of the time when the Sella first received knowledge therm(. In the event of any such delay, the dam of delivery shall be extended for the periM equal to the time actually lost by reason of she delay. 3. WARRANTY. The Seller warrants that all goods, articles, conmriah and work covered by this order will conform with applicable drawings, specifications, mantles and/or other descriptions given, will be fit for the puryoses intended, and performed with the lindiv r degree of care and compem.e Or accordance with accepted standard for work of is similar nature. The Seller agrees to hold the purchaser hamtless from any loss, damage or expense which the Purchuer may surfer or wcur an ..at of the Sellers breach of warmly. The Seller shall replace, repair or make good, without cost to the pumfa any defects or faults arising within one (1) year or within such longer period of time. may be prescribed by law or by the terms of my applicable warranty provided by the Seller aver the date of acceptance of the goad famished hereunder (arceplmee not to be uuressonably delayed), mauling from imperfect or defective work done or materials fumishM by the Seller. Acceptance or use of goods by the Purchaser shall not onstimte a waiver of any claim under mhis warm sty. Except u otherwise provided in this purchase aide, the Sellers Liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or gnamn,ees, but such liability shall in no event include lass of pmfi,s or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purthases may make changes m legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rams, other than legal tams, including addition, to or deletions from the quantities originally ordered in the socefifleattions or drawings, by verbal or written change order. If any such change effects the amount due or the time of performance hereundeq an equitable adjustment shall be made. 6. TERMINATIONS. The Fattener may at any time by written change older, terminate this agreement as to any or all pardons of the goods Iben not shipped, subject to any equitable adjuslmmt between the parties u to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated proNs on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such ammunition unction shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment run he named within thins (30) days ram the date the change or termination is ordered. 8. COMPLIANCE WfrH LAW. The Seller wanar s Out all goad sold hereunder shall have been produced, sold, delivered and famished in suet compliance with all applicable laws and regulations to which the goods ate subject. The Seiler shall scawme and deliver such doc.mm. as may be rrquired to effect or evidence rumpliance. All lass and regulations required t. Im ncorwomed in agreements of this character are hereby incorporated herein by dus reference. The Seller agrees m indemnify and hold the PmcM1azer Seamless from all costs and damages suffered by the Purchaser ss a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither any shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrens full, clear and i mestruded aide to the Purchaser for all equipment, materials, and imrns finished in pesfomtance of this agreement fide, and Near of any and ell hens, restrictions, tions, aremity interest encumbrances and claims ofodiers. 11. NONWAIVER. Failure of the Purchases to four upon ame, performance of she mrtns and conditions hereof, failure or delay to any rights or ,emedles provided heroin or by Lew, future, to pmmpdy notify the Sella in the evcar of a breach, the acceptance .for payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stein performance hareofa any of its rights or comedies m many such goads, regardless Of when shipped, received or acceptM, as to any prior or subsequent default hereundeq nor shall any pamonrd am] modification or rescission of this purchase order by the Practicer operate as a waiver of any of the terms herenr. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations art in fact home by the Purchuer. Theretofore, for goad cause and na consideration fro extending this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or stale antitrust laws for such overcharge relm, to the pmirtilar good Or services purchased or acquired by thr Purchaser pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller an conrea nonconforming or defective good by a dare in be agreed upon by the Purchaser and the Sella, and the Sella trimmer r indicates its inability or unwillingness to comply, the Purchases may rears, the work to be performed by the moss expeditious means available to i,, and the Seller shall pay all cast, .,.amid with such work. The Seller shall release the Purchaser and its nuum urns of any lie, from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the even, of foul, of negli,swe of the party released and shall extend to the dunemrs, oRcers and c.play. of such party. The Settees contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is Functional or caused la be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requires) to use any design, decide, material or process covered by Lester, paren4 stademark copyright, the Seller shall indemnify and save hermleu the Purehaur from any and all claims me, infringement by reaun of the use of such patented design, device, mammal or praess in connection with the contract end shall indemnify the Purchuc, for any cast, expense or damage which it may be obliged to pay by mama of such inGingement at any time during the prowention or aver the completion of the work. In eau said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute inGngement and the use of said equipment or pan is enjuinev, the Seller shall, at its awn expense and at its option, either procure for the Porchuer she right a. continue using said equipment or pens replace the same with substantially rqual bur noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or batkmpt, make an assignment for the benefit of creditors, appoint 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 offeror used or The, interpretation ofthe agreement and the rights of all parties hereunder shall h ronswcd under and governed by the laws ofthe State ofColorado, USA. The following Additional Conditions apply only in rams where the Seller is to pM work hereunder, including the services of Sellers Representaries(s), on the promises crudites. 17. SELLERS RESPONSIBILITY. The Seller shall miry on said work at Sellers own risk .,it the same is fully completed and accepted, and shall, in arse of any accident, dcanation or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When animals and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such depends and/or equipment seem being famished by the Seller wrier the order. 19. INSURANCE. The Sella shall, at his own expamm' provide for the payment of workers compensation, including m cupsta nal disease benefits, to its employees employed ode. in connection with the work coverts by this purchase order, coupon to than demidar s In .condone, with the laws of the sate In which the work Is . be dare. The Seller shall also carry compmheresive general liability including, but act limited to, contr.utu and automobile public liability coumnce wish Pauly injury and death limits of at least 5300,Wo for any at perwn, SSOU.oW for any one accident and property damage limit per accident of 5400,0110. The Seller shall likewise require his contractors, if any, to provide for such wmpetwtion and iaurvrce. Bet any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Pardoner with a cenificme Out such compensation and insurance have been provided. Such cenifirotts shall specify the date when such compensation and insurance have been provided. Such cerlficams shall specify the date when such compensation and in expires. ]Le Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby essum s the entire responsibility and liability for any and all damage, loss or injury ofany, kind r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in the, purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Pmchasen affects, agents and employees from and against any and all claims, losses, damage, charges or exaona, wheOhcr direct or hadmad, and whether to prom ems or property to which the PorcM1aur may be, put or subject by reason of my act, action, neglect omission or default an the Pan of the Seller, my of his contractors, or my of time Sellers Or contractors cheers, sgmts .1 play.. Ia rase any it or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any fire on account or by reason or any act, action, neglect, omission or default of the Seller of my of his mnoanots or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense dreamt and to defend the same at the Sellers awn expntu, to pay any and all costs, charges, anomeys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their oficers, agents or employees in such suits or order proceedings, and in case judgment or other lam be placed upon or obtained against the property of the Purchase, or said pwies in or as, a Trick of such suits or offer proceedings, the Seller will at out cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gnarl necessary for the preemitlan 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 rates and regulations issued Formed thereto. Revised 07nOi4