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HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATIONS CORP - PURCHASE ORDER - 3215355Fort Collins Date: 01/15/2015 PURCHASE ORDER Vendor: 124503 SAGE TELECOMMUNICATIONS CORP 6700 RACE ST DENVER CO 80229 PO Number Page 3215355 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/15/2015 Buyer: PAT JOHNSON Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Electric Services and Materials - UG 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 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. COMMERCLU.DETAIIS. Tax excmprions. By statute the City of Fan Collins is exempt from stare and local tea. Our Exemption Na n er a 11. NONWAIVER. 98-04502. Forced Excise Tax Exemption Certificate of Registry 84-6000587 is reginere l with the Corona, of Failure of the Purchaver m hoist upon strict performance of the harm and condition harm(, failure or delay to Internal Revenue, Dcnva. Colorado (Ref Colorado Revised Stators 1973, Chapter 39-26, 114 (a). c.axi,c any rights or remedies provided herein ar by law, failure a maturity notify the Sella in the event of o breach, the acceptance of or payment for goods hemurWer or approval of the design, shall not release the Seller of Good Rejector. GOODS REJECTED due a failure to meet specifications, either when shipped or due to defects of any Of the wmranria or Obligations of this purchase order and shall not be demand a waiver of any right of the damage in oppose, may be mumed to you for credit and are riot to be replaced except upon receipt of women purehaur to most upon stria performance he of or any of its rights or remdies u to any such goods, regardless inspruclions fee the City nfFon Collins. of when shipped, paeival or acceptor, in W any prior or subsaryeat default formula, nor shall my purported oral modification or reuission of this parchau order by the Purchaser opepte m a waiver of any of de arms Inspection. GOODS are subject ro the City of Put Collins inspection on arrival. bursa(. Final Accepemce. Receipt of the mereharmse, smices or equipmme iu response to this wader can covert in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of Fee Collins, However, it is to be underscod mat FINAL Seller and the Parchaur recognise that in actual anmic practice, overcharges patching from examut ACCEPTANCE is dependent upon completion ofall applicable railroad inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as 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 mutt be F.O.B., City of Ford Collins, 700 WOW St, Pon Collins, CO 80522, unless acquired under federal or mote antitmst laws for such overcharges relating W the pvticuler goods or services Otherwise specified on this order. If permission it; given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursuant to this purchase order. bill mutt accompany invoice. Additional cages for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman, Distance. Where manufutrers have dinnboing points in various pans of the country, shipment is Ifthe Purchaser iirrch the Sella to corm nonconforming or defective good by a date to be agreed upon by th, expected from the nearest distribution point to destination, and excess freight will be dedacred from Invoice when Pup olimen and the Seller, and the Seller Ihereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed! by the most expeditions means available W it, and the Seller shall pay at I tosses associated with such work. Permits. Sella star[] pecure at ullcn sale cost all necessary p prim, renificares and licenses narrowed] by all applicable laws, regulations, and mnca and rules of de sere, municipality, terripory or political subdivision where the work is fathomed, or requited by any ocher duly constimmd public authority havingjraisdiction over the weak of vendor. Seller funkier agrees to hold the City of Fon Collins harmless from end against till liability and less mormat by them by reourt of an assured ar established violation of any such laws, regulatiotsq ordimmus, rules and requiremeues. Authorization. All ponies to this summer agree that he representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the teen and conditions stated herein set Loch and my supplementary or additional purest and conditions annexed hereto or incorpomed herein by referemc. Any ode itimeal err different to. and consitiom preposd by calla sac objector eo sal hcrebyejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your promised delivery date as noted. Time is of the amerce. Delivery and peRmmence mnst be effected within the time stated on the purchase ocher and the documents attached hereto. No azts of the PumM1asers including, svidern limitation, acc,ma ce efficient] lam deliveries, shall mature as a waiver arms prevision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option oFplscing this order elsewhere and holding the Seller liable for damages. However, the Seller shot[ not be liable for damage as a result of delays due in caves not reasonably foreseeable which are beyond its reasonable control and without its four of negligence, such nets ofGpd, acts of civil or military acthomics, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided unit notice of the conditions causing such delay is given to no Purchaser within five (5) days of the time when the Seller first received knowldge thereof In the avant 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 wamnat that all good, articles, materials end work covered by this order will conform with applicable drawings, specifications, samples and/or other d«riptions given, will be fit for else pumows intended, and perforated wide 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 hapmless from any loss, damage or expense which the Purchaser may suB're or incur on account of the Sellers breach of un ronty. The Seller shall replace, ceramic or make good, without cost to the purchaser, any defects or faults arising within one (1) year or wife. such longer'Mind of time m may be prambed by law at by the terms of any applimble waeenry provided by the Seller More the date of acceptance of the good famished hereunder (accepance Out a be an easonably delayed), rtpaIIing from impafttt or dofeet ise work done or materials furnished by the Sella. Acceptance muse of good by the Purchaser shill not onstitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liabiltry hereunder shall extend to old damages proximately aimed by the breach of my of the foregoing warantim or guarantees, but such ltoo iliry shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changer to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes W the term; offer than legal terms, including additions to or deletions from the quantities migimlly uNcmd in the sped 6catimu or drawings, by verbal or written change order. If any such change aftects the amount due or the time ofperfonnance hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may at any time by women change order, perappeope this agramrnt as to any or all pmtiotu of the good then not shipped, subject to any equitable adjustment between else panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted potion of the goods and/or work, for incidental or evisequential damages, and that no such sdjroment be made in favor of the Sella with respect to any goods which art the Sellers standard stock. No such temtinatim shall relieve the Purchaser or the Sella ofrny ofebev obliy lions as eta my good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller tvwrents that all good sold hereunder shall have been produced, sold, delivered and fienum or in strict compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulation miredrobe incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnity and bold the Purchaser harmless f all roses and damages suffered by the Purchaser as a result of IIIe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shot[ assign, transom or convey this order, or my monies due or to haome due hereunder carbon the prior written co anew of de tamer party. 10. TITLE. The Sella warrants full, view and unresrdcdd title to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clew of my and all liens, reso-ictiom, reservations, security interest encumbrance and claims product. The Seller shall release the purchase, and its contractors of any for from all liability and claims of any rap e, resulting boom the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's commensal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mmmal or process uovard by letter, rytrnr, tedemaek or copyright the Sella shall indemnify and save Iwmless the Puchuer farm any arc all claims for infringement by reason of the use of such patented design, device, material or process in connection with the counsel, end shall indemnify the Purchnsa far any cost, expense or damage which it may be Obliged to pay by reason of such infringement at any time owing the prosecution or alter the completion of the work. In case said equipment ap any pan thereof or the intended rue of the good, is in such suit held to conclude infringement and the use of said equipment or Isar is enjoined, Ibe Seller shall, at its owes expense and at its airtio , either procure for Ibe Purchaser the right to continue using said muipment or pans, replan the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent at bankrupt, make an assignment for the benefit of creditors, appoint e or prance for any of the Sellers property or buswass, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The defnrions art,. rued or the inraprelalim of me grammar read the rights of all parries hcceunder shall be ronspued Under and govemed by me lass of the Stare wfCideopu s. USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Rrppesenmtive(s), on the premiss ofathers 19. SELLERS RESPONSIBILITY. The Sella shall carry on said work al Sellers own risk until the sumo is fully completed and acceptor, anal shall, in u of any accident, destruction or injury to fire work mNor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purcleur. When materials and ryuipmeor are famished by others for installation or erection by fire Seller, the Seller shall receive, passing, same and handle some in the site and become responsible therefor as though such tmemals aallor component were being fumishd by the Seller under d, order. 18. INSURANCE, The Seller shall, m his own expense, provide for the poymem waiml ns compensation, including occupational de. benefits, Ica its employees employed on or in ronnection with no work coverts by this purchase order. andtor to thew dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also any comprehensive prompt liability including, but not limited W. contractual and automobile public liability insurence with hwlily injury and death limits of at least $300.0W for any one person, E500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise, remire his contractors, if any, to provide for such compensation and insuence. Before any of the Sellers or his comments employees shall do any work upon the premises of offers, the Sella shall fiunish the Purchaser with a catifcare east such cnmpemmicn and imtaece have ban provided. Such cerilicion dull specify the date what such compensation and announce have been provided Such cmifiwta shall specify the date when such compensation and insupnw expire. The Sella onew that such compensation and inaurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ssama to entire apponsmiliry and liability for any end of damage, loss or injury army kind r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this pu rhou order or in connection herewith The Seller will indemnify, and hold homeless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indipecr. and whether to persons or pmpmy to which flee Purchaser may be Po or subject by resson of my act action, million, omission or default on the part of the Seller, my of his contraztoes, or my of the Sellers or contraears officers, agents m employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or anployces at any time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their oMO., agents or employees as aforesaid, me Seller hereby spot. an assume the defense mercer arc to defend de same at the Sellers own expense, to pay my and all cosh, charges, immune; fees and ocher expenses, my and all judgmenh that maybe incurred by or obtained against the Purchaser or my of its or their offers, agents or employees in such suits or other proceedings. and in care judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a resu t of such suits or other proceedings, the Seller will at once canoe the same to be devolved and discharged by giving bond or odervise. The Seller and his contractors sM1all rake all safety peecauuonp, famish and imnall all goods necessary for the prevention of accidents, comply with all Laws and regulations with regard a surgery including, but without formation. the Occupmioml Safety and Health An of 1970 and all rules and regulations issued pursomt memo. Revised 09I2014