Loading...
HomeMy WebLinkAbout257304 COMCAST - PURCHASE ORDER - 3215070of Fort Collins Date: 0110912015 Vendor: 257304 COMCAST PO BOX 34744 SEATTLE WA 98124-1744 PURCHASE ORDER PO Number Page 3215070 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/08/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 CABLE SERVICES 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 200.00 Total $200.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rmra�.ar[.arrrtrcrn Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptiom. By statum Ne Ciry of Fon Collins is exempt Gam nave and lncat taxes. Our Exemptan Number u 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000589 u registerM with the Collectar of Informal Revevuq Denver, Colorado (Ref. Cdamdo Revised Statutes 1973, Chapter 39-26,114 (M. Goods R jectal. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in rut out. maybe reNmd to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to fire City of Fort Collins inspection on arrival. Final Accepmew, Ranpt of the merchandise, services m aluminum num in response to Nis order can result in authorized payment on the part of the City of For Collins. Howm'er, it is to be understood Nat FINAL ACCEPTANCE is dependent upon nmpliion of all applicable reyuiral inspection procedures. Freight Terms. Shipments most be F.O.B., City arrant Collins, 900 Wood St., Tom Collins, CO 80522, unless mi etwitc specified oa this color, Uperrnissio t is given an prepay freighr and tr mge separately, tee original freight bill most accompany invoice Additional changes for packing will or be xceptd. Shipment Distance. Where mnnufadurers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, erred excess freight will be deducted from Invoice when shipments arc made from greater distance. Prom.. Seller shall promre at sellers .to cost all necessary permi., certificates and Ilceanes required by all applicable laws, regulations, ordinances and tales fthe state, municipality, ternary or political subdivision where the work is perfomred, or rational by my other duly constituted public authority having jurisdiction over the work of vendor. Seller fanher agrees m hold the City of Pon Collin harmless from and agates, all liability and loss incurred by was by reason of an warned or established violation of any such laws, regulations, ooliNntts, mew and ra itemenm. Authoriution. All psnies to Nis mntnet agree than the representalima arc, in fir, boas fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This foretaste Order expressly limits xttptance to the terms ad amor ore smtM Farm set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions promised by sells art objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essexe. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchmer including, without limitation, acceptance of partial late deliveries, shall operom a a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition W other legal and equitable remedies, the option of plarm, this order elsewhere and holding tee Seller liable for damages. However, tee Sella shall not be fable for damages or a result c rdelays duc to muses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such xis of God, xbs of eival or military authonties, govtmmmml priorities, ftes, strikes, Rood, epidemies, wits or dots provided Nat notice of the conditions musing such delay is given m den Purchaser within five (5) days of the time when the Seller first received knowledge thasof. In the event of any such delay, the date of delivery shal he extended for thc period spin to the time acroally lost by won.fthe delay. 3. WARRANTY. The Seller warrants that all goods, orioles, materials and work covered by this order will conform with applicable drawings, specifications, samples anal/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence to nccondonce with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless Item any loss, damage or expense which the Purchaser may sufT or incur on xcount of the Sellers breach of wa arty. The Seller shall replace, repair or make good, without cost In the purchase, any defects or Burns arising within one (1) year or within such longer mend of time as maybe mescnbed by law or by the terms of my applicable warranty poweMed by the Sella after the dine of asamplance of the goad famished herenda haermse. nor or be unreuowbly delayed), rearalting from imperfect or detective work die or materials forward by the Seller. Accepmntt or use of good by the Franchiser shall not constitute a waiver army claim under this warranty. Except as otherwise pmvidd in this purchase order, the Sellers liability hereunder shall emend to all damages proximately mused by the French of any of the foregoing wamnties or guamnmes, but stab liability shall in no event include Ins 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 legal terms by women change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teen., other than legal terms, including additions to or deiiimrs from the quantities orgirelly ordered in the spooifca0om or drawings, by vedsol an written change ardor. If any such change offer. the amount due a the time of,safx—raire hereunder, as equitable edjuumrnr shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Vier, terminate this agreement as to any m of portions of tbe goads then not shipped, subject m any apuitable djmtment between tee patron in to any words or materials then in progress provided Nat the Purchmer shall not be liable for any claims for anticipated pmfim m the uncompleted Portion of the goods and/or work, for incidental or mmapim enial damages, and that no such djustment be rude in favor of the Sella with respect to any good which are the Sellers standard track. No such icrmination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the den the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that .11 good sold hereunder shall have been prnduced, sold delivered and fumishal in strict mmplimice with all applicable laws end regulations to which the goods are subject The Seller shall exam a and deliver such deccmena or may be rapoiM to effect or evidence compliance. All laws and rcgulafimm, raptured m be incorporated in agreements of this character are hereby inoprpomted harem by this referee. The Seller agrees to idemnify and hold the Purchaser harmless from all costs and damages amfaal by the Purchaser as is result of the Sellers failure to mmply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior warrant consent afthe ether party. la. TITLE. The Sella wvnants full, clear and smear eted tide to Ne Purchaser fen all ryraipment, mantle., and itemsf ished I. perfamm of this e,panni , free and clear of my and all liem, wetriniom, resmatiom, security interest ancembmocas ad claims of mhcrs. 11. NONWAIVER. Failure of the Pomhasa m insist upon server performance of the rema and wtditiom hereof, failure or delay to examise any rights or remMies provided herein or by law, failure in promptly aviary the Seller in the event of a breach, the accrytantt ofor payment for guests herawfor or approval ofthe design, shall rat release for Seller of any of the warranties or obligations of this purchase order and shall rat be doomed a waiver of any right of the purchaser to insist upon price performance harcofor any of i. rights or remedies as to any such goods, regardless of when shipped, received of accepted, as to any prior or subaapuent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Puncbamr operate as a waiver of any of the tome: hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser terminate that in astral economic practice, mtrehaagw resulting Eam reform, violatiom am in fan bome by tlm Pumhaur. Theretoforefor good muse and as comidcra or fen exemfing this purchase under, the Seller hereby aasigm to dies Purchaser any and all claims it may now have or hereafter acquired aster federal or state antitrust laws fen such overcharges relating m fire Particular goods or services punchaond or acquired by the Purchmer pursuant to this purchase tech. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaer directs the Seller to emren nonconforming or defective goads by a date to be agreed upon by to Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Puchaser may cause the work to be performed by the most 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 of any for firm 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 pony released and shall extend in the directors, oliicas east employees ofsuch putty. The Seller's mntracnW obligations, including wai shall not be doomed to be reduced, in any way, because such work is performed m caused to be performed by the Purchaser. t4. PATENTS. Whenever the Seller is rwombed to use any design, device, material m process covered by lima, parent, mademad r copyright, the Seller shall indemnify and save harmless the Purchaser firm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the proaccution or after fire completion of the work. In case said equipment, or any pan thereof or the mmnded use of the goads, is in such suit held to coi.timte infringement and the use of said aruipment or pan is enjoined, the Sella shall, at its own expense and at its option, carer pmcme for the Purchaser the right to continue using said equipment on, pares, mdom the same with substantially equal but narwdringing equlpmait or modify it so it becomes nonicffmgivg. 15. INSOLVENCY. If dues Sella shall become insolvent or bankrupt, make an mou,nmem for the benefit of creditors, appoint is receiver or trustee for for any of the Sellers pmpmy or business, this order may forthwith be canceled by the Nucba¢er without liability. 16. GOVERNING LAW. The definitions of terms non or the intaprctation of the agreement and the rights Mall p tees hereunder shall be command under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in taus where the Sd1a is to perform work hereunder, including the services of Sellers Raceunmtive(s), on the premises ofimcm 17. SELLERS RESPONSIBILITY. The Sella shall carry m said work at Selleh own risk until the same u fully complied and arcepted, and shall, in rase of try accident, destruction or injury m the work and/or materials before Sellers final mmplesim and acceptance, complete the work u Seller's own expense and to the satisfaction of the Purchaser. Whev nmtenals and equipment am famished by others for instillation or erection by the Seller, the Sella shall mcoo , unload, store and handle same . the rim rid become responsible therefor as though such materials No, equipment seem being fomishd by the Sella rider the under. 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 with the work covered by this pmchase Met, ad/or to their dependents in xcordance with the laws of the state in which the work is to be done. The Seller shall also cant' comprehensive general liability including, but rim limited to, contractual and automobile public liability imummce with bodily amay and &orb limits of at least S300,000 for any one person, 5500,00o for any one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his c ntraco m, if try, to provide for such compensation and insurance. Bet try orifice Sellers or his contrxtan employees shall do any work upon tee pmnises of others, Ne Sella shall Jumada the Purchaser with a ceefificate that such mmpassmion suit imarence have been proridal Such certifcuw shall specify the date what such compemntim and insurance have been provides. Such cemfica es shall specify the date when such compnwtion and iramance expires. The Sella egrew mat such compensation and insurance shall be maintained until infra for entire work is complied and seapted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mtare responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or pmpeny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees Earn and against any and all claims, losses, damages, charges or expenses, whether direa or indicter, ad whether to persona or property to which the Purchaser may be put an subject by reason of any act. ration, neglen, omission or default an me pan of the Seller, any of his contractors, or my of the Sellers or contractors oRca 1, agen s m employee. In raze any suit or other proceedings shall be brought Water Ore Purchaser, or its officers, spends or employees at any time on xmunr or by.. of any set order, tm.glow, omission or default ofthe Sella of any of his eommeters m any of its or thev officers, age.. m employees as aforesaid, the Seller Hereby agrees to assume the defense Hereof and to defend the same at the Sellers own expense, m pay any and all cams, charges, attorneys, fears said other expenses, try and all judgmmrs that may be incurred by a Musical against tee Purchaser car any of i. a their Vffcers, agents car employees in such soma or other praccedings, and in case judgment m other lien be placed upon or obtained against fire Tommy of the Puncheon, or said room in or u a result ofsuch suits or other pmceedmp, the Seller will at once cause the same to be dissolved and dachargal by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, fomash and inssll all girds necessary for the prevention of accidab, comply with all laws and regulations with regard to safety including, but without ❑ notation, the Occupational Safety and Health Act of 1970 and all mles ad regulations issued pursuant theme. Revised 07a014