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HomeMy WebLinkAbout458051 TW CABLE LLC - PURCHASE ORDER - 3214396City of art Collins Date: 05/30/2014 PURCHASE ORDER PO Number Page 3214396 left This number must appear on all invoices, packing sli s and labels. Vendor: 458051 Ship To: TRAFFIC OPERATIONS TIN CABLE LLC CITY OF FORT COLLINS PO BOX 3259 626 LINDEN STREET 81 EXECUTIVE BLVD FORT COLLINS CO 80524 FARMINGDALE NY 11735 Delivery Date: 05/30/2014 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 Extended Ordered Price Wire Supplies 1 LOT LS 15,000.00 Annual 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condi ions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. fly statute the City of Fan Collins is exempt from stare and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifiate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to most upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denv., Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exavise any rights or remedies provided Lenin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or minimal of fire design, shall not release the Seller of Goods Rejated. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase miler and shall not be deemed a waiver of any right of do damage in tomiL may be removed to you for credit and are not to be replaced except upon receipt of women purchaser so heist upon strict peR ante Favorer any of irs rights or remedies as to any such goods, regardless ins mean. fmm the City office. Collins. of when shipped, received or accepted, m to any prior or wbsequent default hrreunder, nor shall any puryoned and modification or rescission of this purchase, order by the Purchaser creme as a waiver of any of the tenor Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, serve r equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. announced pyment on the pan of the City of FinCollins. However. it is to be understand that FINAL Seller and the Purchaser memen¢e that in actual economic an practice, overcharges resulting from titrust rgood ACCEPTANCEis dependent upon completion of allapplicable required inspecdonpeocedures. violations are in fact Nome by the Poahaser. Thentoforefor cause and as consideration for executing this purchase under, red Seller hereby assigns to the Penniman any and all claims it may now have or IrereaRer Freight Terms. Shipments run be F.O.D., City of Fit Collins. 900 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overy"m relating no the particular goals or seeices. otherwise specified on this order. If pnmission is given to prepay freight and charge separately, ore origirul freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges foroackine will not be accepted_ Shipment Distance. Where manoferreas have dominion, prime, in mime, pans of rise country, shipment is expected fmm the neereal distribution point to destination, and excess freight will be deducted from Invoice when shipments are made Flom greater distance. Pemdts. Seller shall Forcer, at sellers sole cost all necessary permits, ttnificates and Interests; required by all applicable laws, regulations, references and tales of the snare, municipality, former, or political sumonsion where the work is Fermented. or required by any other duty conmmfed public authority haying jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss assumed by them by reason of an asserted or established violation of any such laws, regulations, undulates, rules and requirements. Aurhorivalion. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This produce Order expressly limits acceptance in the tame and conditions stated herein set feed and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different teems, and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENTini na ialely Eye. cannot make complete shipment In arrive on year promised delivery date rs mica. Time is of rise essence. Delivery and p.forrour a must be affected within the name slated on the purchase order and the documents attached hereto. No ones of the Purchasers including, without Immune, acceptance of panel late deliveries, shall operate as a waiver of this provision. In she event crony delay, the puchaser shall have, in addition to affair legal and equitable remedies, the option of placing this order elsewhere mad bolding the Sella liable for damages. However, the Seller shUl not be liable for damages ses a It of delays due to rouses not nasotvably foreseeable which are beyond its rem sable mntml and without its fault ofnegligence, such rots of God, acres added or military authorities, govennnental priorities, fires, snakes, flood, epidemics, wars or hors provided that notice of the conditions causing such delay is given m the Powbner within five (5) days of the time when the Seller first received knowledge thereof. In the occur of any such delay, the data of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrant, first all goods, article, matmak am work cmnnd by this order will conform with applicable drawings, specifications, samples anNrr other descriptions given, will be fit for the puryoses intended, and performed with the highest degree of care and competence in accordance with accepted sundmil, for weak or a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may implant incur on account of the Sellers breach of wmmmy. The Seller shall replace, repair or make good, without cost hs the purchaser, any demos or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the arena rfany applicable warranty provided by the Seller after the date of acceptance of the grads famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or detective work done or mmmaB famished by the Sella. Acceptance or use of goods by the Producer shall not comtimle a waiver army claim under this w unary. Except m otherwise provided in this purchase oNer, the Sellers liability hereunder shall extend m all damages proximately caused by the beach army of the foregoing yearm sties or guvdmccs, but such liability shall in no Want include loss of pmfts or Ices close. 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 oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Ilan legal terms. including addition to or deletions fmm the examines originally aNertd in the s sonfismimu or drawings, by verbal or wrinen change miler. If any such change affects fire amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. 'I he Purchaser may at any time by wrifen change order, ternamoc this agreement as to any or all promes of the good then not shipped, subject to any equitable adjustment between the parties m to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated probes on the uncompleted portion of the goods and/or work, for incidental or consclnential damages, and that no such adjustment be made in favor of the Seller with respect. any gory which. the Sellers standend stock. No such a mmiiummi shall relimv the Purchaxr or the Se 1. ofany of their abligations as or any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be asserted within thirty (30) days from the dam the change or nrrimfion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants deal all goods sold hereunder shall have been positions, sold, delivered and fumisbed in said compliance with all applicable laws and ergotism. a which the Rand are sobject. The Seller shall exame coal deliver such documents as may be caramel Ir effect or evidence compliance. All laws and regulations required to be ncorponled in agreements of this character am hereby mcarpomted herein by this catenate. The Sella agars to indemnify and hold the Producer hamless firm all costs and damages suffered by The Ford. as is result aide Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, number, or convey this order, or any monies due or to become due hereunder without the prior written commit of rise other party. 10. TITLE. The Seller warrants full, clear and wnstricted title an the f uahmer for all equipment, materials, and items Lansford in performance of this agreement, free and clear of any and all liens, o metions. reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Ifthe Pmchmer directs the Seller to correct nomeanronming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller recorder indicates its inability or unwillingness to comply, the Purchmor may cause the work an be performed by the most expeditious mean available fo it, and the Seller shall any all cross associated with such work. The Seller shall release use Purchaser and its a m sectors of any tin from all liability read claims of any more resulting from else Performance ofsuch work. This release shall apply even in the event of fault of negligence of the party relented and shall extend to the directors, oltie. and employees ofsuch any. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused W be performedl by she Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, =aerial or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save Formless tie Pmuhaer fmm any and all claims for infringement by reason of the use of such rumored design, device, material at process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such impingement . any time during the plem anion or after the completion of the work. In case said equipment, or any pan fenef or the intended are of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. rise Seller shall, at its own expere, and at its option, either procure for the Enrichment the right to mminde using said equipment or parts, mplare the same with subsmmenly equal but noninGnging rquipmenl, or modify it so it Necroses nrninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp, 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. His GOVERNING LAW. The definitions oftereas used or the antiquarian of the agreement and the rights craft parties remainder shall be conswed under and glverned by fire laws ofthe Stale of Coloado. USA. The following Additional Conditions apply only in creas when the Sella is to perform work hereunder, including the services of Sellers Represemativr(sl, oa the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shill, in any of any accident, destruction or injury to the work maker materials before Sellers fiml completion and acceptaatt, complete fire work at Seller's own expense and to tbe satisfaction of the Pumbmer. When nutmals and equipment sm banished by others for installation or eremon by the Sella, the Seller shall receive, unload, store and handle same at th< site and become responsible therefor as though such materials and., equipment were being famished by the Seller order the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease haraim, to its employees employed on or in emanation with the work covered by this purchase order, =Nor to their dependents in accordance with the laws of fire state in which the work is to be done. The Seller shall also carry comprehensive gemend liability including, bar not limited to, contractual mall automobile public holiday inuru¢e with Iwdily injury and death limies of . 1-15300.000 for any out permq 55W,000 for any one accident and property damage limit per accident of $4W,WD. The Seller shall likewise require his ommemrs, irony. or provide for such compensation and insurance. Before any of the Sellers m his rommdon employees shall do any work upon the premises of others, fire Seller shall famish the Purchaser with a cenaticare that such compensation and insurance have been provided. Such cedificates shall specify the date when such ourpenmion and insurance have been provided Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be mainmined until after no entire work is mmple ed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell. hereby sexaminew de main responsibility eb liability far any and all damage, less in injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm 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 r 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 Is, put or subject by mason of any act, action, neglect, omission or default on the part of the Seller, any of his contraction, in any of fire Sellers or commnors officers, agents or employees. In case any suit or other proceedings shall be brought agrders, the Purchaser, or its officers, agents we employees at any firm oa wecounl m by reams of any mL action, neglod, omission we debnla of the Sella of any of his contrutars or any of its we than epican, agents or employees m afomaaid. the Sella hereby agrees he essume the defense thereof and to defend the same at the Sellers wai expense, to pay any and all mars, charges, answers has and other expenses, any and all judgments that may be incurred by or obtained again; the Purchaser ar any of its or their office., 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 parties in or as a card, sf such suds or other praeedings, the Sella will at once cause hire same to be dimolved and discharged by giving board or otherwise. The Seller and has sum ra ers shall lake all safety precautions, famish and imull all guard accessary, for the prevention of accidents, comply with all bus and regulations with repay! to safety including, but without limitation, elm Occupmermi Safety and Health All of 1970 and all rules and regulations named pursuanl thereto. Revised 03R010