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HomeMy WebLinkAbout458051 TW CABLE LLC - PURCHASE ORDER - 3215304Fort Collins Date: 01/13/2015 Vendor: 458051 TW CABLE LLC PO BOX 3259 81 EXECUTIVE BLVD FARMINGDALE NY 11735 PURCHASE ORDER PO Number Page 3215304 1012 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Wire Supplies 1 LOT LS 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. 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@fogov.com 20,000.00 Total Pay terms net 30 days 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from stem and local taxes. Our Exemption Number is 98-04502. Fedmil Excise Tax Exemption Ce trfcam of Registry 846000597 is registered with the Collector of Internal Revenue, Deriver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 ad Good Rejemed. GOODS REJECTED due to failure re meet specifications, either when shipped or due in defects of damage in transit, may be rammed to you for credit and are Pat to be replaced except upon receipt of women instructions from the City of Fort Collins Inspection. GOODS are subject to the City effort Collins inspection on moral. Final Acceptance. Receipt of the merchowne, services or equipment in response to this order can result in anthonmd payment on rho pan of the City of Fort Collins. However, it is m be understood thatFINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be FOB., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight bill most =company invoice. Additional charges for tacking will rot be accepted. Shipment Distarem Where mmubacturers have distributing paints in various ping, of the contrary, shipment is expected tram the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale ands all necessary permits, cenifcates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, teomry or peditid subdivision where the work is performed or required by my other duty constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against WI liability and loss incurred by them by reason of an asxned hlish or emaed violmon of my such laws, regulations, ordinances, rules arequirements. Atahmiauticn. All parties to this eommer epee that the representatives are, in fact, bona fide and possess full and complete outhonty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly ]two acceptance to the terms and sundown gated herein set fall and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date w noted. Time is of the essence. Delivery, and performance must be efected within the time xtamd on the purchase order and the documents aea<hed hereto. No was of the purchasers including, without limitation, acceptance of partial late delivenes, shill operate in a mover of this provision. In the event of any delay, the PurWmmer shill have, in addition to other legal and equiuble 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 foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, 6 vemmental 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 of my such delay, the date of delivery shall be extended for the pened equal to the time actually lag by reason of me delay. 3. WARRANTY, The Seller warrants that all gods, icicles, materials and work covered by this order will conform with applicable drawings, specifications, samples m Von otter deemptions given, will be fit for the purposes intended, and prommied with the highest degree of care and competence in wcordmce with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the m Purchaser may suffer or incur on co ant of the Sellers breachcommunity, of . The Seller shall replace, repair or make Road, without war in the purchase, my defects or faults arising within one H I year or within such longer period of time as may be prescribed by law or by the moms of my applicable waranry provided by the Sella after the date of acceptance of the good furnished hereunder fi cceptnm not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not wnsiture a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of perfice or loss of use. NO IMPLIED WARRANTY OR M ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal it. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including addirians to or deletions from the qumtities originally ordered in the specifications or dewing, by verbal or women change order. If my such change affects the moment due or the time of performance hereunder, an equinble adjustment shall be made. 6. TERMINATIONS. The Purchasenr may at my time by wrimers change order, terminate this agreement as to my or all poniaof the go ods to. not shipped, subject to my equitable adjustment between the ponies m to any work m mamnalsthen in progress Wovided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect m my goods which are the Sellers stmdard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or mrminaron is ordered 8. COMPLIANCE WITH LAW. The Seller warrants the all grad cold hereunder shall have been produced, sold, delivered and famished in voice own,hmce with all applicable lams and regulations to which the goods arc subject The Seller shall execute aW deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs 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 mavey this order, or any monies due or to became due hereunder without the ,nor wnnvr wnxm of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted rile to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clew of my and all liens. restrictions, reservations, security interest encrinboanus and claims ofoNeor I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions herwf, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, m the acceptance of or Payment for good hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waver of my right of the purchaser to insist upon strict performance herwf or any of its rights or remedies in to my such gwd, regardless 0f when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the trims herwf 12. ASSIGNMENT OF ANTTfRUST CLAIMS. Seller and the Purchaser mempide that in actual acconscappor premce, overchwges resulting from mtioust violations are in fact home 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 acquired under federal or site antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser puruant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to mum nonconforming or defective goads by a date in be agreed upon by the Purchases and the Seller, and the Seller thereafter indicates its inability or unwillinptess to comply, the Purchaer may cause the work ro be performed by the most expeditious mems available m it, and the Seller shall pay all costs magi aed with such work. The Seller shall release the Purchaer and in contractors of my der from all liability and claims of my nature resutting from the penta mince of such work. This release shall apply even in the event of fault of negligmce of the party released and shall extend in the direcmrs, officers and employees of such parry. The Seller's contractual obligations, including worrmry, shall not be deemed to be reduced, in my way, because such work is performed or caused m be, performed by the Purchaser. Iq. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by ]met, pastuL trademark or copyright the Seller shall Indemnify and give harmless the Purchaser from my and all claims for infft,ru mt by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my can, expense or damage which it may be obliged to pay by reason of such infnngemmt at my time during the prosecution or after the completion of the work. In case sad equipment, or any pan therwf or the intended use of the good, is in such suit held to constitwe infringement and the use of said equipment or pan is enjoined the Seller shall, at its oven expense and at in opnon. either procure for the Purchaser the right to conlisue using said re wp new or pans, replace the same with substanrally equal but noninfdnging equipment or modify it so it becomes mninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may Forthwith be canceled by the Purchaser without liability. 16. GOVERININGLAW. The definitions of tems used or the interpretation of the agreement and the rights of all ,arras hereunder shall be untried underand 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 Repreeientative(z), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk writ the same is fully completed and accepted, and shall, in e of my accident, dmmeron or injury to the work mWor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser Wnrn materials and equipment are famished by others for Installation or erection by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materas maker equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupar end disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to 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 Ilmi lit, insurance with ba&ly injury and death limits of ae least $300,0W for any one person, 1500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his wmaxwo. if my, to provide for such compensation and insurance. Before any of the Sellers or his no. employ— shill der my .,it open the premises of others, the Seller shall famish the Purchaser with a certifiwm that such compensation and insurance have been provided. Such comba tez shill specify the date whim 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 be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury of my kind or nesure whatsoever m persons or property caused by or resulting from the execution of the work provided for in this purchase order or in wmmwtion herewith. The Seller will indenmify and hold harmless the Purchaser and my or all of the Purchasers effects, agents and employees from and against any and all claims, losses, manages, charges or expenses. whether direct or indirect, and whether to persons or property m which the Purchaser may b< put or subject by reason of any ant, arbor, neglect, omission or default oa the pan of the Seller, any often wntracmn, or my of the Sellers or wnuacmrs often, agents or employee. In case my suit or other proceedings shall he brought against the Purchmet or its officers, agents or employees a my time an account or by reason of any act action, neglect, omission or default of the Seller of my of his contracmrs or my of its or their ofcers, agents or employees in aforesaid, the Seller hereby ignore to assume the defense herwf and in defend the game at the Sellers own expense, to pay my and all costs, charges, anomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and is case judgment or other lien be placed upon m obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will err once muse the sane or be dissolved and disrhaged by giving bond or otherwise. The Seller and his wntrmtors shall take all safety precautions, fumish aid install all guards necessary for the prevention of mcidenn, comply with ill laws and regWetiow with regard to safety including, ben without limitarion, the Occuparonal Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0712014