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HomeMy WebLinkAbout450869 NETSTRUCTURE INC - PURCHASE ORDER - 91628875City of art Collins PURCHASE ORDER PO Number Page 9162875 1of2 This number must appear on all invoices, packing slips and labels. Date: 05/11 /2016 Vendor: 450869 Ship To: ELECTRIC UTILITIES NETSTRUCTURES INC CITY OF FORT COLLINS 9800 E EASTER AVE SUITE 140 700 WOOD ST CENTENNIAL CO 80112 FORT COLLINS CO 80521 Delivery Date: 05/11/2016 Buyer: ELLIOT DALE Note: Line Description Quantity UOM Unit Price Extended Ordered Price ADMIN BLDG STRUCTURE CABLE 1 LOT LS 127,828.30 WO #OP-452626 PER TERMS AND CONDITIONS OF AGREEMENT DATED 5/9/2016. 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 1 COMMERCIAL DETAILS Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 8"000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Cords Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in aansit may be retained to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Callers Inspection GOODS are suhlect to the City of Fort Collins impaction on amval Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authonzed payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F 0 B_ City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order If permrssmn is given to prepay freight and charge separately, the original freight bill most accompmv invoice Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various pain of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits Seller shall procure at sellers sole cost all necessary permits, cemfcates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, tantory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further 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, ordmanw, rules and requirements. Amhonaauon All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authorty to bind said parties LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary, or additional terms and condition annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2 DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to arme on you promised delivery date as noted Time is of the essence Delivery and performance must be effected within the nine stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waver of this provision In the event of any delay, the Purchaser shall have, an without, to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to rouses not reasonably foreseeable which are beyond its reasonable control and without it fault of negligence, such acts of Cord, acts of civil or military authorities, governmental promo, fires, strikes, flood, epidemics, wars or nos provided thin notice of the condoms causing such delay is given to the Purchaser within five (5) days of the U. when the 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, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descnptions 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 agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or new on account of the Sellers breach of warranty The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults ansing within one ( I I year or within such longer period of lime as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or marenals furnished by the Seller Acceptance or use of goods by the 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 all damages prommately caused by the breach of arty of the foregoing warranties or guarantees, but such liability shag in no event include loss of profis 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 changes to legal terms by written change order 5 CHANGES IN COMMERCIAL TERMS The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions firma the quantnex originally ordered in the specifications or drawings, by verbal or woman change order If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS The Purchaser may many time by written change order, terminate this agreement as to any or all portions of the goods than not stopped, subject many equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claim for anticipated profits 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 goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella crony of their obligations as to arty goods delivered hereunder 7. CLAIMS FOR ADJUSTMENT. Any deem for adjustment most he asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby mcorpomted herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser a a result of the Sellers failure to simply with such law 9. ASSIGNMENT Neither party shall assign, transfer, or convey this order, or any monies due or w become due hereunder without the poor written consent of the other parry 10 TITLE. The Seller warmers full, clear and unrerocted ride be the Purchaser for all equipment materials, and items furnished in performance of this agreement free and clear of any and all bens, reametionc, reservations, security interest cocumbrarwes and clams of.f ens I I. NONWAIVER Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to 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 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 said performance hereof or any of its ngh%or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are 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 acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a daze to be agreed upon by the Purchaser and the Seiler. and the Seller thereafter indictees ns mabilM or uneallingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available be it. and the Seller shall pay all costs associated with such work The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party The Seller's 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. 14. PATENTS. Whenever the Seller is required m use any design, device, material or, process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify 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 part thereof or the intended use of the goods, is in such sort held to consulate infringement and the use of said equipment or part is enjomed, the Seller shall, at its own expense and a its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfnngmg equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY If the Seller shall become insolvent or bmkmpt 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 def ratim s of terns used or the interpretation of the agreement and the rights of all parties hereunder shall he construed 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 Reprmentative(s), on the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and w the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella, 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 furnished by the Seller under the order Ie. INSURANCE. The Seller shall, at Its over expense, provide for the payment of workers compensation, including occupational disease benefits, m is employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehenave general liability including, but not limited to, contractual and automobile public liability insurance with badly injury and death limits of at lean $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000 The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall famish the Purchaser with a certificate thin such compensation and insurance have been provided. Such cere ficmes shall specify the date when such compensation and insurance have been provided. Such cemficates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the enure raponsi idity and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless 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 indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his contractors, or tiny of the Sellers or contractors officers agents or employees In case any ant or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of tits or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, a ccancys fees and other expenses, any and all lodgment 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 proceeding, and in case judgment or other Iran be placed upon or obtained against the property of the Purchaser, or said panes in or as a result of such ants or other proceedings, the Seller roil I at once came the same to he dissolved and dimharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions, Finnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued p rmuantthereto Revised 03/20.10