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HomeMy WebLinkAbout104483 CABLE TECHNOLOGY LABORATORIES - PURCHASE ORDER - 9141266Fort Collins Date: 02/26/2014 PURCHASE ORDER Vendor: 104483 CABLE TECHNOLOGY LABORATORIES PO BOX 707 NEW BRUNSWICK NJ 08903-0707 PO Number Page 9141266 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 02/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 TESTING SERVICES ANALYSIS & ASSESSMENT -CABLE ,yJ P14 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 25,000.00 Total $25,000.00 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. COMMERCIAL DETAILS. Tax exemption. By mordse the City of Fort Collins is exempt from state and local boxes. Our Exemption Number u 11. NONWANER. 98-131502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is reginemd with the Call m. of Failure of the Purchaser to insist upon sister perfa Trance of dte terms and conditions hereof, fame or delay to Formal Revenue. Denver, Colorado (Ref. Calmado Revised Sutures 1923, Chapter 39-26, 114 (a). exercise any rights or temWics provided herein Or by law, failure to promptly notify the Sever m the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall rot release the Seller of Goods Related. GOODS REJECTED due to failure 0 meet spaifiwtions, either when shipped or due to defects of any of the watamica or mligoliun of this purchase order ad shall not be deemed a waiver of any sight of the damage in transit, may be eetumed to you for credit and are not to be replaced except upon receipt of writer purchaser m insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, n to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate n a waiver of any of the teems hwpatian. GOODS are subject to the City of Pon Collin inspection on m ival. hereof. Final Accepance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonaed payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ges is practice, o ercharresulting from northeast Seller and the Purchaser recognize that in actual economic ACCEPTANCE k dependent upon completion of all applicable required inspection procedures. violations we in fact home by the Pumhnser. Theretofam,for good cause and as mnuidention for executing this Purchase order, the Seller hereby assigns to the Purchaser any and ell claims it may now have Or hereafter Freight Terns. Shipments most be F.O.B., City of Fan Collins 200 Wood St., Fan Collins, CO 80522, unless acquired under bdeml or state antitrust laws for such overcharges mliing to to particular goods or services otherwise specified on this order. Upermission u given to prepay freigf and charge separately, the original freight purchased Or acquired] by the Purchaser pursuaat to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manurazmms have distributing points in varmus pans of the country, shipment is Ifthe Purchaser dimes the Seller on correct insionarrificurnin, or defective goods by a date,. be agreed up on by the expecled from the nwres, distribution in, to desliwtion, and excess freight will be deduced form Invoice what Purchaser and the Seller, and the Seller rhereaBer indlwtes its inability Or unwillingness to comply, the Purchnser shipments ure made from pwta distance. may wren the work to be performed by the mast expeditious menu mailable to it and the Sella shall Pay all toss cautioned with such work. Permits. Sella shall procure at sellers sole cost all nnerory permits, cMlficars and homes required by all applicable laws, regulations, ordinances and rates of the state, mmnicipubly, tactery or political subdivision where the work is performed, or required by any otter duly constituted public authority having jurisdiction over the work of verdar. Seller further agrees to hold the City of Pan Collins harmless from cod against all liability and loss incurred by them by reason of in asserted or established vinlalio. of any such laws, regulnimns, Ordinances, ones and requirements. Authorization. All parties to this contract agree that the representatives ere, in Net, bra fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchae Order expressly limits acceptance to the teats and conditions stand herein set both and any mpplemmtary or additional ems and mndiome, annexed hereto or incorporated herein by reference. Any additional or different terms and conditions Inclosed by seller are objected to and hereby jMed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted Time is of the eascme. Delivery and performance must be effected within the time stated on the purchase order and the domments attached hereto. No aces of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operar as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and eymarble remedies, the option mllacing this rider elsewhere and holding the Sella liable [err d orm,as. However, the Seller shall not he liable for damages as a result of delays due to couaes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military auffimidis, governmental mionties, fires, stokes, flood, 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 received knowledge therm(. In the event army such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by dus order will conform with applicable drawings, specification, samples anfor other description given, will be fit for the purposes intended, and performed with the highest degree ofcare and competence in accordance with accepted standstill for work of a simile ,are The Seller agrees to hold the purchase, harmless fr. 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 fault arising within one (1) year Or within such longer period of time as may be prescribed by law or by the termstroy applicable wattmtV provided by the Seller it,, the date of acceptance ofthe goods fumished hereunder (acceptance not to be unreasonably delayal), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use official by the Purchaser shall not constitute a waiver of any claim under this womanly. Except as otherwise prodded in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no avant 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 may make changes to lend terms by wn.en change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terns, Other than legal s mm. including ddnions to or deletions from Me quantities annually ordered in the specifications or drawings, by verbal at written change order If arty such change dI cts the amour, due or the time of paramwnce hereundu. an Wuitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at my time by wirer change order, terminate this agreement to to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress provided the, the Purchaser shall net be liable f r any claims for anticipated profits o i the mecompleled portion of the goods.&Or work, for incidental ar consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gaols which arc the Sellers standard stock. No such lamination that relieve the Purchaser or the Seller ofmy of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured 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 Shull have been produced, sold, delivered and fumulwd in strict compliance with all applicable laws and .,]an.. te which the goods sat subject. The Seller shall execute ad deliver such documents as may be required m effect or evidence compliance. All laws and regulation squired to be incorporated in agreements of this character ate hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless from all cosy and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without he prior written consent ofthe offer parry. 10. TITLE. The Seller warrants full, clear and committed title to the Purchaser for all equipment materials, and items fumished in pert amx of this agreement, f and clear of any and ell tiers, afteiamn, resrnano., security interest mcumbreaces ad claims of odters. The Seiler shall neleasc the Purchaser and its contractors of any tier tram all liability and claims of any nature resulting from the performance of such work. This neloor shall apply even in the went Of full of negligence of the pan, released and shall extend In the directors, otlicas and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or unused 1. he performed by the Purchaser. 14. PATENTS. iM enever the Sella is required to use my design, device, material or process covered by leer, patent trademark Or copyright, the Seller shall indemnify and sma harmless Me Purchaser from any and all claims for infringement by erects.. of the use of such pirated design, device. material Or process In comatim with the contract, and stall indemnify the Purchaser far any rest, expense or damage which it may be .1rh d to pay by reason of such Infringement an my time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof Or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipmen or con is enjoined, the Seller shall, a, its own expense and at its option, either, p.um for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but wninfeinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bedcmpt, make an assignment for the benefit of creditors, appoint a rereavor or trainee far any of the Sellers property or business, this order may forthwith he emttled by the Purchaser, without liability. 16. GOVERNING LAW. The definitions oftc. and or the interpretation oflbe agreement and the nghu of all parries hereunder shall be corumrud under and governed by the laws ofthe Sure ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herrunder, including the services of Sellers Represen dive(s), on the premises of others. tl. SELLERS RESPONSIBILITY. The Seller shall any an said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work torpor materials before Sellers fowl completion and acceptance, complete the work at Sellers awn expense and to the whols,li.n of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle some at the site and become responsible therefor is, though such materials cocker equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the Payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection wits the work covered by this purchase Order, anot to their dependents in accordance wits Me laws of tbe site in which the amk u to be done. The Sell. sherfl also wry comprehensive general liability including. but not limited to, andractwl and automobile public liability insurance with bodily injury and death limits of in least E300,000 for any one parson, $500,000 for any me accident and property damage four per accident of S400,000. The Seller shall likewise require his cmtmeton, if any, to provide for such compersation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of other, the Seller shill famish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certilicnrs shall specify the dale when such commutation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. I Is Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and aa,bv& 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire responsibility and liability for very and all damage, loss or injury ofany kind or ramie whatsoever to rossains or property wuscd by or resulting from the execution ofNe work provided for in this purchase aide, or in curriculum herewith The Sella will indemnify and hold harmless the purchaser and any a ell of the purchasers .ricers, agave, and employees from and against any and all claims, losses, damages. charges Or expenses, whether direct or mother, err, and whether to parsons or property to which the Purchaser may be put or subject by reason of any act, arson, neglect, omission Or default on the Ivan of the Seller, any of his contactors, Or my of the Sellers or contactors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by nown of any act, action, neglect, omission or default of the Sella of any of his contractors Or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to asnme the defense thereof and to defend the same at Sellers own expense, to pay any and all costs, charges, attorneys fees nnd other expenses, my and all judgmenu 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 he property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cave, the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safely precautions, Mouth and iwtall all goods necessary for the prevention of accidents, comply with all laws and regulations with regard to satiny including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulation issued pursuant thereto. Revised 03nOiO