Loading...
HomeMy WebLinkAbout458051 TW CABLE LLC - PURCHASE ORDER - 3212070PURCHASE ORDER PO Number Page City Of 3212070 1 of z ' ` This number must appear t Collins 1 ,�7 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 458051 Ship To: TRAFFIC OPERATIONS TW CABLE LLC CITY OF FORT COLLINS PO BOX 3259 626 LINDEN STREET 81 EXECUTIVE BLVD FORT COLLINS Colorado 80524 FARMINGDALE New York 11735 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN 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 Ordered Extended Price Wire Supplies 1 LOT LS 20,000.00 Annual Total $20,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 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 I. COMMERCIAL DETAILS. Ton exemptions. By statute the City of Fort Collins is exempt from state aad local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Roseate, Denver. Colorado (Ref. Colorado Raised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doc to defects of damage in transit, may be rearmed to you for credit and are not to be replaced except upon receipt of written insmortions foam the City of Fon Collins. Inspection. GOODS arc subject to the City of Fon Collins inspection on amen/. 11. NONWAIVER. Failure of the Purchaser to insist neon strict performance ofthe tans 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 ofor payment for gads hereunder or approval ofthe design, shall not release the Seller of any of the warm ntics or obligations of this purchnsc order and shall not be deemed a wito cr of any right of the purchaser to insist upon strict perfomancc hcrcofor any of its rights or remedies as to any .such goods, regardless of when shipped, received or accepled, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this aide, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all appl iable required inspection procedures. violations are in fact bum, 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 must be F.O.K. City of Fort Collins 700 Wood St.. Fort Collins, CO 90522. unless required under federal or state antitrust laws for such overcharges relating to the paniculnr goods or services otherwise specified on this order. If Permission is given to prepay freight and charge separately, the original freight purchased err acquired by the Purchaser pursuant In this parchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manuficmrcm have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deoiucted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be Performed by the most expeditions means available to it, and the Seller shall pav all casts ossocialcd with such work. Pertains. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and tales of the state, municipality, territory ar political subdivision w'hvm the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller forther agrees to hold the City of Fan Collins hamlcm from and against all liability and loss incurred by them by reason of an asscrtcd or established violation of any such laws, regulations. ordinances. mlcs and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possass full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated hcrcio set forth and any supplementary m additional terms and conditions annexed heeto or incorporated herein by reference. Any additional or different tans and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmnowd delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late 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 the Seller liable, for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably fomsecabic which are beyond its reasonable control and without its fault of negligence, such acts of God. acts of civil or military authorities, govemmental priorities, fires, strikes. BaM, epidemics. wars or riots 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 meciecd 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 wamnty 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 competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults 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 acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofanv claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ail damages p r ximamly caused by the breach of any of the foregoing warmntics or guarantees, but such liability shall in no cent include loss ofpmfits or loss claw. 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 tents, other than legal terms, including additions to or deletions from the gnnmities originally ordrom in the specifications or drawings. by verbal nr .written change order. If any such change nffccts the amount due or the time ofperfomance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits as the uncompleted portion of the gads andlm work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purahaw,or the Seller ofany ofthcir obligations re to any goods delivered hacander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days From the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warmnts that all goods sold hereunder shall have been produced. sold, delivered and furnished 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 rcquircd to be incorporated in agreements of this character are hereby incorporated heroin by this reference The Seiler agrees to indemnify and hold the Purchaser hamlesa From all costs and damages suffered by the Purchaser as a result ofthe Sellers failure in comply with such law. 9. ASSIGNMENT. Neither parry shall assign, iansfeL or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchnscr for all equipment materials, and items turn ishcd in performance of this agreement, free and clear of any and all liens, restrictions. mscre-mums, security interest encumbrances and claims of others. The Scllcr shill release the Purchaser and its contractors of any net from all liability and claims of any nature resulting front the performance of such work. This release shall apply even in the event of fruit of negligence of the parry released and shall extend to the directors, officers and employees ofsa ch party. The Sellers contactual obligations, including warranty, shall not be deemed to be reduettL 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, deice, 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 ease said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan 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 parts, replace the same with .substantially equal but nnninfringing equipment or modify it so it becomes ru ainfringing. I5. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignment for the bereft of creditors. appoint a ,eccivcr or Imstee for any of the Scllcrs property or business this order may fonhwilh he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of arms used or the interpretation ofthc agreement and the rights of all panics hereunder shall be constnmd under and govcmcd by the lases of The State of Colorado, USA. The rolimv ing Additional Conditions apply only in cases where the Seller is to perfsrm wark Immunder. including the services of Scllcrs Repmscnative(s), on the premises of others. IT SELLERS RESPONSIBILITY. The Seller shall Corry na said work at Selhu'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 to the satisfaction ofthe Purchase, When materials and equipment arc furnished by others for installation or erection by the Scllcr, the Seller shall receive, unlond. store and handle same at the site aad become respansiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for file payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or In 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 room sac, with bodily injury and learn limit, M at least S300,000 for any one person, S500,000 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 Scllcrs or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The 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, q he Seller hcrchy assumes the entire responsibility and liability for any and all damage, loss or injury ofanv kind or nature whatsoever to persons or property erased by or resulting from the execution ofthe work provided for in this purchnsc order or in connection herewith. The Seller will indemnify and hold Nameless the Purchaser and any or all of The Purchasers officers, agents and employees from and against any and all claims losses, damagm charges or expenses, whether direct or indimCl, 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 any of the Sellers or contractors officers, agents or employees In case any wit or other proceedings shall be brought against the Purchaser, or its 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 its or their Mftecm. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the come at the Scllcrs own expense, to pay any and all costs, charges, anomcys fce, and other expenses. any and all judgments 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 proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occapriinnal Safety and Health Act of 1970 and all pales and regulations issued pursuant thereto. Revised 03/2010