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HomeMy WebLinkAbout486987 BORDER STATES ELECTRIC SUPPLY - PURCHASE ORDER - 9142005City of /0109F6rt Collins Date: 04/08/2014 PURCHASE ORDER Vendor: 486987 BORDER STATES ELECTRIC SUPPLY 4686 IVY STREET DENVER CO 80216-6412 PO Number Page 9142005 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/08/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 6550-8861 24 x 36" 20K sec vault LOCK 24 EA 456.1400 10,947.36 VAULT, SECONDARY SPLICE BOX, 20,000 LB. STATIC LOADING, OR ANSI TIER 15 RATING 24"W X 36"L NOMINAL OPENING, MIN. 18"H, POLYMER CONCRETE WALL OR FIBERGLASS REINFORCED POLYMER WITH POLYMER CONCRETE COVER IMPRINTED "ELECTRIC 20K STATIC LOAD", WITH 2 SS PENTA-HEAD HOLD DOWN BOLTS (1/2" X 4" BOLT WITH 13 THREADS PER INCH), WESTERN UNDERGROUND COMMITTEE LID DIMENSIONS, CDR SYSTEMS, A12243618AL41; (material needed by Greg Smith for Aspen Heights) Note to Shipper: 24 - 48 hour Notification to: Dan Hofeling - 970-221-6389 M 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 Conditions Page 2 of 2 I. COMMERCAU. DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is I I. NON WA VER. Failure of the Purchaser to insist upon Suitt performance ofthe toms and conditions hereof, failure or delay to 98-04502. Federal Excise Tax Exemption Canificme of Registry M-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Rrf Colorado Revised Smntea 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly a nify the Sella in the event of a breach, Re neeptana of m payment far goods hereunder or approval ofthe design, shall not rrlese the Sella of Goods Rejected. GOODS REJECTED due to failure to meet spacifcaions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall rot be d«toed a waiver of any right of the damage in transit, may be remmal W you far credit and art not to br replaced except upon receipt of wrigen purchase'to insist upon 'met performance hereofoi any of its rights or remedies as to any such grads, regardless instructions fmm Re City effort Collins. ofwhm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purporral amp modification or rescission of this purchase order by the Purchaser operate re a waiver of any of the temps Impervious GOODS are subject o Re City of Too Collis inspection on woman. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fon Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual morrionake practice, orrachvgn resulting fmm antitrust ACCEPTANCE isdependent upon completion *fall applicable requital inspection procedures. siMacions are in fact home by the Purelow r. Theretofore, far good cause and as consideration fo executing this Purchase order, the Sella hereby assigns to Be Purchaser my and all claims it may now have or hamper Freight Tem.. Shipmears must be F.O.B., City of Fan Collins, 100 Woad Sr, Fan Collins, CO 80522, unless acquired under frdeml or state antitrust laxs for such overcharges rele ing to the gambrular goods or services ohcr w specified on this order. Upamission is given to prepay, freight and charge separately, the original freight purchased or wWq by Re Ptmhser pursuant w Nis purchaw order. ` bill most accempany inwia. Additional chargm for Packing will nor be acapled. . 1ft PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. invorionsParts the ofor. shipment ShipmentDistance.thee. Where manufacturers Nvestintion, Re Shcawcorred noncoiJ ingodrbilityrutdbyadam to be agreed Re Ifthese,own edmandf expected fmm the neared distribution point to destitution, and ex<ea freight will be deducted from Invoice wM1m and the thePnby Purchaser Re Sella, and the Sellay indicates its inability m unwillingness to comply, the Purchaser shipments are made fmm grater, disurrce, thWou may muse the work w be by Rc mast exlseditioa means available to it, eM Re Seller shall WY all the orformW meta associated with such x'orL Pemd.. Sella shall procure at sellers .to over all necessary pacmiu, rerrificates and licenses required by It applicable laws, regulations, ordinances and roles of Rr sum, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless fmm and against all liability and lass incurred by Rem by reason of an asserted or established violation of any such laws, regulations, ordinances roles sad requirements. Authorization. All parties to this central agree that Re representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Perehese Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed Extra or incorporated herein by reference Any addtional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifym cannot make complete shipment It arrive on your promised delivery date as poled. Time is of the essence. Delivery, and performance must be effected within the time stated on the purchase order and the documents aluched hacto. No acts of the Purchasers including, without limitation, acceptance ofteartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable mmalms, the option ofphciag this under elsewhere and holding the Seller liable fur damages. Hmvrver, the Seller shall nut be liable far damages a a mwll of delays due in causes not reasonably foresemble which are beyond its reasonable cannel and without its fault of negligence, such acts of God, acts ofeivil or military authorities, govemmenml priorities, Gres, strikes, Brad, epidemics, wars or hots provided that notice of the conditions causing such delay is givrn to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for Re period equal to Re time actual ly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or .,her descriptions given, will be fit lot the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hunnless from any loss, damage or expense which the Purchaser may suffer or incur on are tunr of the Scllers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchasm any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the Jane of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from conferral or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except or otherwise provided 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 event include loss of profits or loss of sr. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pachaer may make ctonga to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchser may make any changes to the terms, other than legal terms, including ablitions to nr delaimes fmm the quantities originally ordered in the sgaificatloer or drawings, by vector or wrumn change order. If any such Change aRects the amount due or the time ofpafomuwa hereunder, an equitable adjnsrment shall be made. 6. TER ATIONS. The Pmchser may at any time by wrinen change orda, terminate Ris agramenr, a or any or all ponies of the goods then rot shipped, subject 1a my equitable aljmlment between the parties a 1. any words or materials then in progress provided that the Purchaser shall not be liable far any claims for anticipated prof. on the uncompined portion raffle good and/or wink, for incidental or cansequenrid damage, and that uo such adjusrmmt he made in favor ofthe Seller with respect to my good which are the Sellers standand stock. No such termination shall relieve the Purchaser or the Sella of any ofthcir obligation m to any good delivered hereurke, 7. CLAIMS FOR ADJUSTMENT. Any claim for mijumnent must be occurred within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE iVT HJAW. The Seller warmers that all good sold hereunder shall have been produced, sold, delivered and famished in staid compliance with all applicable lax, and regulations to which the good are subject. The Sella shall execute and deliver such documents ns may be required to effect or evidence compliance. All laws and regularios required w be incorporated in agreements of this character are hereby Incorporated beein by this reference. The Seller agrees to indemnify and held the Purchaser harmless fmm all costs wed damages auRered by the Purchaser as a result of Re Sellers failure w comply 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 wmnm consent of the other parry. 10. TITLE. The Sella warrants full, clear and umentrred tide to the Purchase, for all equipment, nurmals, and in. furnished in perform agreement, a of this frere free ad clear of any and all lit, resnreserv ations, vations, security interest mcumbmnee i and claims ofothas. The Sella shall release the Purchaser it its Comm m. of any ties firm all liability and claims of any mature resulting fmm the performance ofsuch work. This releae, shall apply even in the event of fault of negligence of the party released and shall extend to the directors, omcers and cmvRyo s ofsuch party. The Sellers contractual obligations, including wanmty, shall not b, deemed W be reduced, in any way, because such work is performed or causal to be performed by the Pmchaer. 14. PATENTS. Whenever the Seller is raptured muse any design, device material or process covered by liner, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser him any and all claims for infringement by reason of Re use of such patented design, device, material or process in connection with the contract, and shall indemnify the Forebear for any cat, expense or damage which it may be obliged w pay by reamn of such infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or any pan thereof or the intended use of the goads, is in such suit held he constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Puchaer the right to assume using said equipment or Pans, replace the same with substantially equal but rominGnging equipment, or modify it in it becomes noninGnging. IS. INSOLVENCY. If Re Seller shall become insolvent or boadma t, make an assignment for the bast 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. 16, GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the .,his of.11 panics hereunder shall be romtmed under and governed by the laws ofthe Some ofColumdo, USA. The following Additional Conditions apply only in where the Sella is to perform work hereunder, including the services of Sellers Representmive(s), tun the premise ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the came is fully completed and accepted, and shall, an u of any accident, destruction or injury to Re work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload. store and handle same at the we and become responsible therefor as though such normal, era&., equipment were being furnished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the Payment of workers compensation, including acupational disease Foram, 0 its employees employed on or in connection with Re work covered by Nis purchase order, mNor to their dependents in accordance with the laws of the stale in which the week is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, ovmmetaal and automobile public liability insurance with Ford, injury and death limits of at least S300,00K) far any tune Farm, $500,000 far any one accident and propmy damage limit for accident of S400,000. The Sella shall likewise require his antractors, if any, to provide for such compensation and insurance. Before any of the Sellers err his contractors employees shall do any work upon Re parses of others, the Sella shall f ish Re Purchaer with a moificate that such compensation and resonance haw been provided. Such cerrificmes shall specify the date when such compensation and occurrence have been provided. Such anifieates shall specfy the date when such compensation and ineerance expires. The Seller agrees that such wmparsation and insurance shall be ro enthred ..it mer the entire work is ovmplval and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass es the actm responsibility and liability for any and all damage, loss or injury ofany kind or rurure wh cars, er ro persons or pmpeny caused by or resulting from Re execution of the work provided for in this purchase order or in cermraim herewith. The Sella will indemnify and held hmmlw Re Purchaser and any or all of Re PureM1asers officers, agents and employees from and against any and ell claims, losses, damages, charges or expenses, whether duect or indirect, and whether to persons or property W which the Purchaser may be or or subject by raven of may act, action, m glak omission or default on rhe put of Re Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employers In cane any suit or other proceedings shall be brought against the purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume Re defense thereof and to defend the same at the Sellers own expense, m pay any and all cows, charges, anomeys fees and other expenses, any card all judgmmes that may be incurred by or obtained against Rc Purchaser or any of its or their officers. agents or employes in such was or other proceedings, and in case judgment or other lien be placed upon or obtained against the primary ofthe Pmchaa, or said parties in or as a result ofsuch suits or oNer proceedings, the Seller will at once cause Re same w he dissolved end dischargW by giving bod or otherwise. The Seller and his contracts shall take all safety precautions, famish and mull all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safm including, but without limitation, the Occupational Safety and Health Act of 1900 and all roles and regulations issued pursuant Rereto. Revised WnOli)