HomeMy WebLinkAbout445204 UNIVERSAL LTD INC - PURCHASE ORDER - 3214386PO
PURCHASE ORDER 321438er Page
City, of PURCHASE
3214386 ' of z
F6r} C0il'ns This number must appear
,�—J`_' ` Y II on all invoices, packing
sli s and labels.
Date: 04/29/2014
Vendor: 445204
UNIVERSAL LTD INC
706 JACK PINE PL
LOVELAND CO 80538
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 04/28/2014 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
Fiber repair and installation
Annual
j'w,lP14
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
1 LOT LS
15,000.00
Total
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
L COMMERCIALDEfAILS.
Tax memptioars. By statute the Cary of Fart Collins is escmpt from state and local axes. Our Exemption Number is
98,04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
formal Revenue, Emat, Colorado (Ref Colorado Revised Strauss 1973, Chapter 39-26, 114 (a),
Goods Rejected. GOODS REJECTED due to failure to meet specifcatimm, either when shipped or due to defects of
damage in vunsit, may ha reamed to you for credit and are not to be replaced except upon receipt of written
instructions fium fc City of Port Colluws
Inspeamar. GOODS are subject m the City of Fort Collins mos,amm. ov arrival.
Final Acceptance. Receipt of me merchandise, sinivicas or equipment m response a Nis order can milt in
authorized payment on die pan of die City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection pmandutes.
Freight Terms. Shipments must be RO.B., City of For Collins, 700 Wood St., Fort Collins, CO 80522, unless
Otherwise specified on this aide,. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for pocking will not be accepaed.
Shipment Distance. Where manufacturers Live distributing points in sarium parts of the country, shipment is
expected from me nearest distribution Front to designation, and excess freight will ha dedacted cam Invoice whm
shipments are made from greater it....
11. NON WAIVER.
Failure of die Purchaza in insist upon shoo pesf once of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller an the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this pwchase cola and shall not be deemed a waiver of any right of the
purchaser to insist upon strict perf ,manes hereof ofany of its rights or remedies as to any such goods, capital.
of when shipped, received or accepted, as to any prior at subsequent default hereunder, nor shall any purported
mat modification ar rescission of this parchase order by the Puchmer operate as a waiver of my of fire tents
hescaf
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and me Pmchazer recognize that in actual ec rw is paactia, overcharges resulting from snlihtrl
Actinium am in fact home by the Purchaser. Theretofore, forgoodcause and as consideration for executing this
purchase order, the Seller hereby assigns to me Purchaser any and all claims it may now have or hereafter
acquired under federal or store antirmst laws for such overcharges relating m the particular goods or services
Purchased or acquired by the Purchaser pursuant to this purchase aide,.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coreet coamonforming or defauve goods by a date to be agreed upon by me
Purcbasar said! me Sella, and me Sella Hereafter indicates its inability Or unwillingness to comply, the Purchases
may cause me work to be po ifmmed by the .1 expedatioua means available m at, and the Seller shall pay all
cars associated with such work.
Permit, Seller shall procure at sellers sale cast all necessary permits, certificates and license sm rrymrtd by all
mphcable laws, regulations, oolimcncrs and rules of Ne state, municipality, tearimry or political smdolsaon 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 Cary of Fiat Collins harmless from and against all liability and Inss
inamed by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ules
and requirements.
Authorization. All panics 1. this comae, agree that me repreunmtives are, in fact, bona file and possess full and
omplete authority to bird said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me rents and mndltiom sated
herein set high and any supplementary or additional terms and conditions annexed bcrea or in<oryotated harem by
referm<e. Any additional or dalfercnt arms and 000adfln m proposed by sells me objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURC14ASING AGENT immediakly if you cannot make complete shipment to arrive im your
promised delivery date aw noted. Time is of the essence. Delivery and pert rmance nun be effected within the brae
stated on the purchase order and the documents attached hereto. No acts of the Purchaser motional without
limitation, acceptance of panml late deliveries, shall operate as a weaver of this provision. In the event i f any delay,
the Purchaser shall have, in addition to other legal and equitable remedies. me option of placing this oNer elsewhere
and holding the Seller liable for damages. However, me Sella shall not Li Imble for damages as a result of delays
due to causes not reasarably foremouble which are beyond its reasomble canal and waalout its fault ofneglige s,e,
such acts of God, acts i fcivil or mdgtay outhordirs, l over .] priorifies, fires, strikes, flood, opidemars, war or
riots provided Hat notice of the conditions causing such delay is given to fire Purchaser within five (5) days of the
time when me Seller first received knowledge mamf. In the event of any such delay, the date of delivery shall be
extended for me period equal to the time actual ly lost by ream. of the delay.
3. WARRANTY.
The Seller warrants that all goods, addle, materials and work award by this order will confirm with applicable
drawings, specifications, samples andrm omer descriptions given, will be fit for the purposes mteeded, and
performed with fire highest degree of care cud components in accordance wadi accepted standards for wark of a
similm retire. The Seller agree 10 hold die puachascr harmlaw from any loss, damage or expense which me
Purchaser may suIT,., a.m.. account ofine Sellers breach ofwa 1, The Seller shall replace, repair or make
goad, without cost to the purchawm any defecas or faults arising woman one (1) year or within such longer period of
time m may be pacscribed by law or by the terms of my applicable accuracy provided by the Seller after me date of
acceptance of fire goods finished hereunder (acceptance not to be tormaworably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nos
pnstimte a waiver of any claim under this warranty. Except as otherwise provided in this Purchase Dole, she Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waffanties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pmchuer may make changes to legal terms by wimen change makes
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to me terra, other than legal tarns, including additions to or deletions from
the quantities originally ordered in the spmffiations or drowingw, by verbal or woman change order. if any such
change affects the amount due or the time ofperfo,mance hereunder, nor equluble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change order, terminate this accoment as to any or all pnniom of the
goods then not shipped, subject to any equitable adjustment between the parties as to my work Or materials men in
progress provided that the Purchaser shall not be Iuble fro any claims fro armcapared profits an me uncomplcted
Fiction of the goods and/or work, for incidental or corago so tial damages, and that no such adjustment be made in
favor of the Sellef with respect to any goods which are the Sellers standard stock. No such t atimmu n shall otiose
me Purchaser or the Seller ofany of dwi, obligation as m any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fire. the dam the change Or termisalion is
arched.
8. COMPLIANCE WITH LAW.
The Sella warrants Hat all good sold hereunder shall have been produced, sold, delivered and famished an strict
compliance with all applicable laws rand malab om o which me goods are subject. The Seller shall execute and
dcliva such documents as may Ix required m effect or eviderva complamce. All laws and regulations s yuirtd to be
incorporated an agreements of this cltmxtes are but incorpoated herert by this refecrntt. The Sella agree to
indemnify and hold me Purchases hasmlem from all crisis and damages suffered by the Purchases as a result of me
Sellers failure to 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
praar written consent ofine other party.
IRTITLE.
The Seller warrants fall, clam and unrestricted fide to the Purchaser for all eqm,ni materials, cad it. horrified
in performenre of mis ageecnrent, f and close of any and all liar, restracdom, nasenv limss, smmy anterrst
encumbrances and claims ofmis rs.
The Seller shall release the Puahasa and its contractors of any tier from all liability and claims of my nacre
u saling from me permnnamce ofeuch work.
This closer, shall apply even in the event of fault of negligasc of the party released said shall extend m the
directors, affects and employees ofauch parry.
The Seller's commctard obligations, including wamnty, shall no, W deemed or be reduced, in any way, b cr owe
such ..,it as pafmmed ar caused m be pert ed by to Purchaser.
IC PATENS.
Wharacr the Seller is required to two any design, device, mitedal or process cave d by letter, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchases Cram any and all claims for infringement
by crown of the use of such patented design, device, material or 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
infringement at any time during the prosecution or after the completion of the work. In case said equipment, Or
any part therm( or me intended use of the goods, is in such suit held to comatimte infringement and the use of
said equipment or part is enjoined, the Seller shall, or its own expense and at its option, either procure for die
Purchaser the right to continue to, said equipment or Parts, replace me some with srloomaitiRy equal but
raninGnging equipment, or modify it m it becomes noninGtnging.
15ANSOLVENCY.
If Ne Sella shall become insolvent or bankrupt, make an assignment for me benefl of ere hmar. affront a
receive, or tmstee fortr any of me Sellers popery or business, this order ay forthwith be canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definitaoaa ofterrm used or the interpretation of the agreement and the rights of all parties hereunder shall be,
consumed under and governed by the laws afdie Sum of Colorado, USA.
The following Additional Conditions apply only in rases where Ore Seller is to perform work hereunder,
including die service of Sellers RepraimustivePi), on me premises ofothem
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and inaugural, and shall,
in case of any zddem, destruction or injury to He work ondor materials before Sellers fiwl completion and
acceptance, complete me work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at me site and become responsible therefor as though such musicians and/or equipment
were being famished by me Seller made( me oMe,.
18. INSURANCE.
The Slier shall, at his own expense, provide for she payment of workers araftersocition, including accupadorW
disease benerars, m its employees employed on or in common with the work covered by this purchase order,
andor m theft dependents in accordmae wadi she has of the sum an which me work is to be, done. The Seller
shall also miry comprehensive general liability including, but not limited Io, contocaal and automobile public
limil lty insurance with bodily injury and death limits of at least 5300,00) for any one Ammar, S500,000 for any
one accident and property dmage limit per accident of 5400,000. The Seller shall likewise require his
onarncmrs, if my, so provide for such compensation and insurance, Before any of the Sellers ar his contractors
employees shall do any work upon the premises of other . the Seller shall famish the Purchaser with a verificate
that such compensation and insurance have ban Provided. Such certificates shall specify the date when such
comparators and announce have ban provided. Such mrtifimtrs shall specify the date when such compensation
sued insurance expires. The Seller agrta mat such compensation and amumnce slowl be maintained mti1 after the
esnim .,it is completed and accepted.
19, PROTECHON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes die entire responsibility and liability far any and all damage Inss or injury fany kind
or nmum whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in
this purchase .,do, or is connection haewgh. The Seller will indemnify and hold harmless the Purchaser and any
r all of me Purchasers affects, agents and employees from and against any end all drams, losses, damages,
charges or expenses, whether direct or indirect, and whether m pastors or property to which the Purchaser may
be put or subject by =am of any act, action, neglect, omission or default on He pan of dic Seller, my of his
contmaon, or any of the Sellers or contactors officers, agents or employas. In rose any suit Or other
proceedings shall be brought against He Purchaser, or its officers, agents or employee at say time on mcoont or
by aamn of any act, action, oeglm, omission or default of the Sella of any of his com actors Or my of its or
Nei, offc., agents or employees as aforesaid, the Sella hereby agree to assure the defense the,mf end to
defend the same at me Sellers own expense, to pay any and all costs, tharge, mouroys fees and other existences,
any and ill judgmmu that may be incurred by or obtained Worst the Purchaser or any of its or their offcars,
agents or employees in such suits or other proceedings, and in case judgment or Oder lien be placed upon or
obtained against the property of the purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulators with regard to safety including, but without Radiation, the
Occupational Salary said HmIN Act of 1970 and all roles and regulations issued purstam diatom.
Revised 03n010