HomeMy WebLinkAbout458051 TW CABLE LLC - PURCHASE ORDER - 9103690Date: 7/16/2010
Fort Collins
Page Number: 1
Purchase Order Number: 9103690
Delivery Date: 7/1512010 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 As LOT per quote dated 7/13/2010 5,347.00
Wire for Lemay Rehab & Project
(� {� Total $5,347.00
Invoice Address:
City of Fort Q)Winf Director of Purchasing and Risk Management City of Fort Collins
This order is alid over $5000 unless signed by James B. O'Neill ll, CPPO Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may he returned to you for credit and are not to be replaced except upon receipt of written
instructions fiom the City of Pod Collins.
Inspection. GOODS we subject to the City of Fort Collins inspection on anivsl.
Final Acceptance. Receipt ofine merchandise, services orequWasere in response to this order can result in authorised
payment on the port of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE Is
dependent upon completion of all applicable required mpwtim procedures.
Freight Tema. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless
othmvae specified on this order. If permission is given to prepay freight andcharge separately, the original freight bill
mart accompany invoice. Additional charges for parking will not be accepted.
Shipment Distance. More manufacturers have distributing points in various parts ofthe country, shipment is expected
fimmthe nearest distribution point to destination, and excess freight will be captured from Invoice when shipments are
made fiom greater distance
Permits. Seller shall procure at sellers sole cost all necessary permits, manicures and licenses required by all malleable
laws, regulations, nrdmi new and rules of the state, municipality, territory 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 ofFen Collins barMcss from and against all liability and loss incurred by then by
reason of an assured or established violation of any such laws, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions Statedlurein
set forth and any supplementary or additional terns and conditions annexed hereto or Incorporated human 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 cannot make complete shiprcent to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
linitatior acceptance ofpmW late deliveries, shall operate as a waiver ofthis provision lntheciscra fanydelay,the
Purchaser shall have, in addition to other legal and equitable remedies, the option ofpwmg this order el ewhere and
holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result ofddays due to
causes not reasonably fares«able which are beyond its reasonable control and without its fault ofnegligence, such acts
of God, acts of civil or military authorities, governmental priorities, fires, strikes, Flood. epidemics, wars or hots
provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time
when the Seller first received knowledge thereof In the event ofany such delay, the date efdx1ivery 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 descriptions given, will be fit for the purposes intended. and performed
with the highest degree of care and omniscience in accordance with accepted standards for work of a similar nature.
The Seller agrees to hold the purchaser bewilders fiom any loss, damage or expense which the Purchaser may suffer or
incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or Gilts arising within one (1) year or within such longer period oftime w my be presmlxd by
law or by the toms of any applicable warranty provided by the Seller after the date of acceptance of the goods
famished hereunder (accordance not to be unreasonably delayed), resulting from imperfect or defective work do. or
materials burnished by the Seller - Acceptance or use ofgoods by the Purchaser shall not constitute a waiver wary
claim under 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 ofthe 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 Purchaser trey make changes to legal terns by written change order
5_ CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions fiom the
quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change
affects the amount due or the time ofperf rr ance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement ve to any oral[ portions ofNegoods
then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress
provided that the Purchaser shall not he liable for any claims for anticipated profits native uncompleted portion ofthe
goods and/or work, far incidental or comryuential damages, and that no such adjustment be made in invoroftMSeller
with respect to any goods which are rs the Sellestandard stock. No such to minmion shall relieve the Purchaser or the
Seller of my of than obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment nun Ee asserted within thirty C0) days from the date the change or temwation is ordered.
g. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in swot
compliance with all applicable laws and regulations to which the goods are subject The Sellershallexecute midddiva
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this chamtter are hereby incorporated herein by this reference. The Selleragrees to
in icmnify and hold the Purchaser harNess fiom all costs and damages suRered by the Purchaseras a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shell assign, transfer, or convey this order, or any monies due or to become due hereunder without the
,or written consent of the other party.
10. TITLE_
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in
perfomance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
I1. NONWAIVER.
Failure of the Purchaser to insist upon strict paiomance of the terms and conditions ham( failure or delay to
the acany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event wife breach,
ceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller ofany ofthe
smarmiest or obligations ofthis purchase order and shall not he deemed a waiver ofany right ofine purchaser to must
upon strict performance hemf or any of its rights or remedies as to my such goods, regardleas 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 as a waiver of any of the team hereof
12- ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fiom antitrust violations are
in fact home by the Purchaser. Theretofore, for good cause and se consideration for executing this purchase order, the
Seller hereby assi,or to the Purchaser any and all claims it may now have or hereafter acquired coder 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 date to be agreed upon by the
Put chaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be performed by the must expeditious means available to it, and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors crony tier fromall liability and claims ofanymamm resulting
fiom the performance of such work.
INS, cheow shall apply even is the event of Gun ofiveligence ofthe puny released and shall extend to the directors,
oficess and employees of such parry.
The Seller's contractual obligations, including warranty, shall not he deemed to h reduced, in any way, because such
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or
copyright, the Seller shall indemnify and save hamdess the Purchaser film any and all claims for infringement byreamn
ofthe use ofsuch patented design, device, material or process in connection with the comfort, and shall mde rudythe
Purchaser for any cast, expense or damage which it may he obliged to pay by reason ofsuch infringement at anytime
during the prosecution or after the completion ofthe work. In case said equipment, or any part driomfor the intended
e either goods, is in such suit held to constitute infringement and the use ofsaid equipment or pat is enjoined, the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment or pads, replace the same with substantially equal but non-infiinging equipment, or modify it so it becrnrcs
non-infiinging.
15.1NSOLVENCY.
Ifthe Seller shall become insolvent or bankrupt, make en assigaraml for are beasefit efcredaws, appoint a receiver or
trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purohaser without
liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereundershall be
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 Represenwtivels), on the preruses of others.
17. SELLERS RESPONSIBILITY.
The Sellershall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, incase
ofany accident, destruction or injury to the work and/or materials before Sellers Gal completion and acceptance,
complete the work at Selers own expense Said to the satisfaction ofthe Purchaser. When mate;als andequipnant are
famished by others for installation or erection by the Sella, the Seller shall receive, unload, sore andhandle, same at
the he and become responsible therefor ar though such materials androrequipment were being famished bythsSeller
under the order_
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkers compensation, includingoccupatioral disease
benefits, to its employees employed on or in connection with the work covered by this purchase order, me orto their
dependents in accordance with 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 automobile public liability insurance with
bodily injury and death ]mats of at least $300,001) for any one person, $500,000 for any one accident and properly
damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the
premises ofothers, the Seller shall famish the Purchaser with a certificate that such compenation and irummure Mere
been provided Such cenifcams shlll specify the date when such compensation and insurance have been provided.
Such mmificares shall specify the daze when such compenation and insurance expires. The Seller agras that such
compensation and insurance shall be maintained until after the entire work re completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or
retire whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold hartoless the Purchaser and anyor all of
the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or
exposes, whether dhmt or incited and whetherm persons or property to which the Purchaser may be put or subject
by ream nofany act,action,neglect, omission or default on the pan ofthe Seller, any opus contractors, or any ofthe
Selles or contractors officers, agents or employees. In case any suit or other proceedings shall be brought asee=the
Purchase', or its officers, agents or employees at anytime on account or by reason ofany ad, action, neglect omission
or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the
Seller hereby agrees to assume the defense thermfand to defend the same a the Sellers own expense, to pay any and
all costs, charges, attorneys fees and other expenses, any and adjudgmeets that maybe incurred by or obtained amount
the Purchaser or any of its or their oficers, agents or employees in such suits or other proceedings, and in case
judgment or other lien be placed upon orobtained against the propmyofthe Purchaser, or saldpartles in orasaresult
ofsuch suits or other proceedings, the Seller will at once cause the same to Be dissolved and discharged bygivmgbond
m otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards nxasary for
the prevention 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 mles and regulations issued pursuant thereto.
Revised 032010