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HomeMy WebLinkAbout445204 UNIVERSAL LTD INC - PURCHASE ORDER - 9121671PURCHASE ORDER PO Number Page City Of` 9121671 1 of 2 oll ins This number must appear] Fort C ,�—J`-' ` on all invoices, packing slips and labels. Date: 03/19/2012 Vendor: 445204 Ship To: ELECTRIC UTILITIES UNIVERSAL LTD INC CITY OF FORT COLLINS 706 JACK PINE PL 700 WOOD ST LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 03/19/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fusion Splicing - 1 LOT EA 5,688.00 Misc. Locations - ARRA - See bid on file. Invoice #74 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fon Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $5,688.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. fly stance the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI V ER. mr-0,1502. Federal Excise Tax Exemption Cerfifieate of Registry 84-6410*517 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 30-26. 114 (a). exercise any rights of remedies provided herein or by lam, failure I. promptly mrify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder m approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due In defects of any of the wamnfics or obligations of this purchase order and shall not be dremcd a waiver of line right Of the damage in tmmit. may he returned to vat for credit and arc not to be replaced except upon receipt of written pmehxser to insist upon strict performance hereof or any of its rights or remedies as to any such foods. regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any parpurted oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Reccipt of the merchandise services or equipment in response to this order can result in 12, ASSIGN M ENT OF ANT (TRUST CLAIMS. aefhorized paynmnt no the part Of the City of Fun Collins. However, it is to he understood That FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from ammrasi ACCEPTANCE is dependent upon completion ofell applicable requited inspection poncedures, violations arc in fact borne by the Purchaser. T'heretoforq for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it nay now have or hereafter Freight Terms. Shipments must he F.O.R., City of Fort Collins. 7M Wool St., Too Collins, CO 90522. nn less acquired under federal or stateantitrust laws for such overcharges relating to the funicular goods or services otherwise specified on this order. If permission is given to prepay (might and charge scram cry, the crigimil freight purchased or required by the Purchaser pursuant to this purchase onlcr, bill must accompany invoice. Additional charges for Packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manifeftarem have distributing points in various Pans of the country, shipment is Ifthc Purchnscrdinects file Seller to correct nonconforming or defective goods bya dmc to he nerced upon be the expected form the nearest distribution point to d¢linmion, and excess freight will be deducted fmm Invoice when Purchaser old the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ire made fmm greater distance. may cause the work to be Perforated by the most expeditions means mailable to it, and the Seller shall pay all costs associmcd will stet, work. Permits. Seller shall pmcurc at sellers sole cat all necessary Permits, ceni6wtrs .and licenses required by all applicable Imes, regulations, nrdimanecs and rules of the state, municipality, territory or political subdivision where the work is performed, or required Iw anv other duly constituted public authority haying jurisdiction over the wok of vendm. Seller Father agrees to hold the City of Fog Collins harmless firm and against all liability and loss incurred by them by mason M an asserted or established .'rotation of any such laws, regulations. ordinances, rdcs and requirements, Authorisation. All parties to this contract agree that the representatives arc, in fact. bona tide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms .and conditions stated herein set forth and may supplementary or additional forms and conditions annexed hereto or incogmmted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCBASING AGENT immediately if you cannot make complete shipment to arrive on your pmuised delivery late as noted. Time is of the essence. Delivery and perfornimcc most be effected within the time stated on the purchase order and the documents attached hectic. NO acts of the Purchasers including, without limitation, acceptance of p.,ni,,l late deliveries, shall operate as a Oliver of this prevision. In the event of anv delay. the Purchaser shall have, in addition to other legal and equitable mo adics, the option nfphacing this order ekcw'herc and holding the Seller liable for damages Hmsevcr. the Seller shall not be liable for damages as a result of dcha)s due to causes our rcasonebdy foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of Ouc, acts nleivil or military authorities. governmental priorflia. lines, strikes. Rood, epidemics. wars or riots provided that notice of the conditions canning such delay is given to the Purchaser within Fac (5) days of the time when the Seller Fist received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period canal to the time actually lost by reason of the delay. 3. WARRANTY. T'be Seller wamats that all porch, articles, materials and well, covered by this enter will conform with applicable drawing.. specifications, samples and/or other descriptions given. will be fit for the purposes intended, and Performed with the highest degree create and competence in accordance wish accepted standards for work of a ,similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of rile Sellers breach ofeamrty. The Seller shall replace, repair of mike good, withon cost to the purchaser, any defects or faults arising within one (I) year or within such longer period Of time as may be prescribed by law or by the terms ofany applicable wamnty provided by the Seller after the date of acceptance of rile goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or mmcrials furnished by the Seller. Acceptance Of use of gods by fire Purchaser shall not constitute a waiver nfany claim order this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ail damages proximalcly caused by the breach orally of rile foregoing warnmics or guxmntecs, but .such liability shall in ancient include loss ofprOfts or Fos of use NO IMPLIED WARRANT)' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser mev make changes to legal terms by wnten charge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal Icrms, including additions to or delclions fmm the quantities originally ordered in the specifications or drawings, by verbal or riven change order. If any such change affects the i moenl due Or the time ofperformaace hereunder, in equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as In anv or all portions of the grtods the. not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion critic goons and/or work. for incidental or eonsequenlial damages, and that no such adjustment he made in favor Of the Scller with respect many goods which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller of any offhcir obligations as to anv goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be .asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH I LAW. The Seller warms that all goods sold hereunder shall have been produced sold, delivered and furnished in strict compliance with all applicable laws and regmdmioas to which the goods arc subject. The Seller shall execute .and deliver such documents as may he required to effect or evidence compliance. All Ills and rcgrdations required to be incorporated in agreements of this character arc hereby incorpnmted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hanal form all cost and damages suffered by the Purchaser as a result ofthe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither pane.shall assign, transfer, or convey this order, allay monies duc or to become due hereunder without the prior written consent ofthe other paw. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment, materials, and item famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest cncuribunccs and claims ofothcrc. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting fmm the performance Mauch wall, This release shall apply even in the event of fault of negligence of the parry released and shall extend to the direcers, oReets and employees of such party. The Seller's contractual ohligmions including wamnty, shall not be deemed to be reduced, in any tiny, because such work is performed or caused to be performed by the Purchaser. 14. fA'I HN'I'S. Whenever the Seller is required to use any dcsipn, device, material or process covered by letter, patent, trademark or copyright, the Seller ,shall indemnify and save harmless the Pnrehawr from any and all claims for infreigenmenl by reason of the use of such reacted design, device, material or process in enmucclion error the coutni and shall indemnify the Purchaser for any cost, expense ur damage which it fully be obliged to pay by reason of sucb infringement at any time during the prosecution or alter the completion of the work. In ease said equipment. or any part thceaf nr the intended use of the goods, is in such snit held In constitute infringement and the use of said equipmenl 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 sarbstnnfiaily equal but nnninfringing equipment, of modify it snit becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the hwre0t of creditors, appoint a receiver or tmsice for any of the Sellers property or business. this order may forthwith be canceled by the Purchzser without liability. Ib. GOVERNING LAW. The definitions ofuerms used or the interpretation ofthe agreement and the rights of all panics hereunder shall he eonstred under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply more in cases where the Seller is to perform work hereunder. including the scr% ees of Scllcrs Rcprcscnmtive(sL on fire premises ofuthcis. 17. SELLERS RESPONSIBILITY. the Seller Onll carry nn said work at Sealer's own risk until the same is fully completed and accepted, and shall in case of any fee den I. destruction or injury to the work and/or mnterin is before Set leis final com plction and aecepfmrce, complete the wok at Seller'., men esPcnse and In the or tisfaet inn of the Purchaser. When materials and Cm I mitten arc furl ished by others for instal lntion or erection by the Sel ice, the Set let shall receive, unload. store and handle same of the site and become responsible therefor is though such materials and/or equipment were being Furnished by the Scllcr under the order. IR. INSURANCE. The Seller shrIL in his own expense, pmvidc for the payment of workers compensation, including occupational disease benefits, in its employees empioed 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, enmmcmal and automobile public liabilityv insurance with bodily injury and death limits of at ieast S3Ut1,000 for any one person, S500.000 for any one accident and prpeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if -any. in provide for such compensation and insurance. !Before any of the Sellers 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 Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scller hereby vasruncs the entire responsibility and linhility fur any ,,,it nil damage, Ins, or injury nfany kind Or a uu,whatsoever to persons or property caused by Or resulting front the execution ofthe work provided for in this purchase otter or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and anv or all of the Purchasers officers, agents and emphovees Form and against any and all claims, lasses. damages, charges or expenses, whether direct or indirect, and 0briber to persons or properly In which the Pumbaser nrav be put or subject by reason army act, action, neglect, omission or de(auhl On the part of fhc Seller. any of his contractors. or any of the Sellers or contractors oRecrs, agents or employees. In case any suit Or Other Proceedings shall be brought against the Purchaser, or its Officers, agents or cmphoyces at any time on aeemmt or by reason array met, action, neglect, omission or default of the Scllcr ref any of his contractors or any Of its of Ibeir officers, agents Or employees as aforesaid the Seller hereby agrees In assume the defense thereof and to defend the same al the Sellers own expense, to Pav any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incnmd by or obtained against the Purchaser or any of its or their offcem. agents at employees in such suits Or Other proceedings, end it ease judgment Or other lien he placed ninon or obtained against the pmpertv of the Purchaser, or said parties in or as a result of such suits or other proccedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or Othcrtiisc. The Seller and his comments shall talc all safety precautions, famish and instill all guards necessary for the prcvention Of ,accidents, comply with all laws and regulations with regard In safety including, but without limitation, the Occupational Sdery and Death Act of 1970 and ill rules and regulations issued pursuant therein. Revised 03/2010