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HomeMy WebLinkAbout539269 UNDERGROUND DEVICES INCORPORATED - PURCHASE ORDER - 9143609Fort Collins PURCHASE ORDER PO Number Page 9143609 1of3 This number must appear on all invoices, packing sli s and labels. Date: 06/26/2014 Vendor: 539269 Ship To: ELECTRIC UTILITIES UNDERGROUND DEVICES INCORPORATED CITY OF FORT COLLINS 3304 COMMERCIAL AVE 700 WOOD ST NORTHBROOK IL 60062 FORT COLLINS CO 80521 Delivery Date: 06/26/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price 1 220 pc BS7503 Bore Spacers to 1 LOT LS 16,288.80 be installed Quote Dated June 24, 2014 - RFQ--Bore Spacer-BS7503 Only manufacturer for these products per J.McTaque. pll 6/26/14 2 27 rolls SS201S625 Band 1 LOT LS 2,289.60 3 9 pkgs SS201B625 Buckle C 1 ea Banding Tool 1 LOT LS 1 LOT LS 5 1 ea Band Cutter 1 LOT LS 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.mm 272.52 148.57 164.23 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 130 PURCHASE ORDER 914360 Number Page City of PURCHASE 9143609 2 of 3 ' `tCollins This number must packing ` 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Total Invoice Address: 19.163.72 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins ixamw,t fmmtuarowd local taxes. Our Exemption Number is 11. NONWAIVER. 9"502. Federal Excise Tax Exemption Cealficam of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist an strict pert nuance of the terms and Candhlors hater[ failure or delay Ir Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure or rare, specifications, either when shipped or due to defer of any cribs warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be rammed ao you for credit and are ad lobe replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported road modification or rescission of this purchase order by the Pmchuer operate as a waiver of my of the terns Inspection. GOODS we subject o the City of Too Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, scene. ar equipment in response a this order an ,each in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be unde oval ,hatFINAL Seller and the Purchaser recognize that in adml a resulting practice, overcharges ulting froant m itrust nfor rgood ACCEPTANCE is dependentuponcompletien craft applicable required inspection procedures. violations are in fact home by the Pumhaser.Theretofore, cause and as consideration for executing this purchase order, the Seller hereby assigns as no Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mum he ROD.. City of Fiat Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antand t laws for such overcharges relating to the particular goods or services otherwlu spaifid on this order. If parr ission is given to prep, freight and charge separately. the original hall purchased or acquired by the Purchaser pursuant m this purchase order. bill must accompany invoice. Additional charges for Packing will not be accepted. Shipment Distance. Nferc manufacturers have distribming points in worince, pans of the cownry, shipment is expected from the neatest distribution point to destination, and excess freight will be demand from Invoice when shipments are made from ggrater distance. Permi¢ Seller shall procure at sellers sole cost all naessary pemties, anificates and licenses required by all applicable laws, regulatican, ordinances and rules of the mat, municipality, accuracy is political subdivisian when Re work is perform , or required by any other duly contained public authority having jurisdiction over the work of rancor. Seller fuller time, to hold the City of For Collins bzrndas from and against all liability and loss incurred by Bern by reason of an asserted or established .iodation of any such laws, reg dwimu, wi iwnas. roles and requirements. Authorization. All panic to this mamma agree that the teprescnmtives ate, in f t who fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns and conditions wood herein set boon and any supplementary or additional moats and conditions onnexs heaw or inconforamJ herein by reference. Any additional ar different it— and comlitiona pow, and by caller are objected to and hereby rejects. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immsiately if you cannot make complete shipment m arrive an your promised deliverydate as noted. Time is of the essence. Delixcryand performance must he eBbcmd within the time soared on the purchase order and the daumens attached herein. No was of the Purchasers including, without limilabon, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, fe Purchaser shall M1ave, in addition ro other legal and equitable remsies, the opnonirritating fla moba elsewhere and honing fie Seller liable for damages. However, the Seller shall not he liable for damages as a much of delays due to causes cat momently foreseeable which arc beyond its reasonable channel and without its fauh of negligence, such was of acts ofervil or military authorities, governmental priorities, Jams, stakes, Ruud, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser isihin five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extends for the pared equal to the time tonally ban by reason of the Jday. 3. WARRANTY, The Seller warrants chat all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, somples and/or other descriptions given, will he fit for the purposes intended, and performed with fie highest degree of care and competence in accordance with accepted standards for work of a similar name. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or wife. such longer period of time as may be prescribe by law or by the terms of any applicable warranty provided by the Seller after the dam of acceptance of the good famished hereunder (acceptance 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 consour, a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all darrages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE dTALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes m the ,emus, usher than legal tams, including additions or it ldclima, Gum the quantities originally ordered in the specifications or drawings, by verbal or wnucn change order. If any such change other. the amount due or the lime of perfunnance hereunder, an equitableadj rot mend shall be made. 6. TF. RMINATIONS. The Purchaser may at any time by written change order, terminate this a,manent as to any err all portions of the good then nor shipped, subject to any equitable adjustment between the panics as to troy work or materials then in ,,.areas provided put ate Patel-.. shalt not be liAle for any claims Ter anticipated profits on the uncompleted portion of ere good and/or work, for incidental or consequential canoe and that no such ad manent be made in favor of the Seller with reopen to any goods which are the Sellers standard stuck. No such lamination shall relieve the Purchaser or the Seller cf any of their obligations as m any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Piny (30) days from the dare the change hr temninarion is ordered. 8. COMPLIANCE WITH LAW. The Seller commits its that all goods sold hereunder shall have ban produced, sold, delivered and furnished in wind compliance with all applicable laws and regulations m which the gmcs arc subject. The Seller obit execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations terminal to be unconfirmed in agreements of this cheracmr are hereby Inew,scamed herein by this refrenee. The Seller agrees to indemnify and hold the Purehaon bamless from all costs and damages suffers by the Purchaser ao a result of the 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 he Prior women consent ofahe other parry. 10. TITLE. The Seller warrens Poll, clear and committed title to the Purchaser for all equipment, materials, as items fumishs in performance of fix .,.a.,. free and chat of any and all liens, restrictions, reservmiom, security moment encumbrances and claims afothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Puchae, chances the Seller It ca emor nonconforming or defective good by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, fie Purchaser may cause fie work to be, performed by fie mast expeditious means available to it, and the Sella shall pay all ass associated with such work. The Seller shall release the Purchaser and its contmaors of any tier from all liability atd claims of any norm, heading from the performance ofauch work. This release shall apply even in the went of fault of negligence of the party cartoon all shall extend m the i iremors, officers add employees afsuch party. The Sellers contractual obligations, including wamenry, shall not be domed to be reduced, in any way, because such work is performs or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller k rcnoiml to two any design, device, material or process covers by lamer, Wa mt, trademark r copyright, the Seller shall indemnify and save hornless the Producer from any and all claims for infringement by reason of the cave of such parented design, device, material as process in examination with the contmet and shall indemnify the Puchaser for any coat, expense or damage which it may be obliged to pay by reason afsuch inGngemem at any time during the prosecution or after the completion of no work. In case said equipment or .1 pan dares f or the intended rue of the good, is in such suit held m constimm pronounced hard the use of said equipment or and u enjoined, the Seller shall, at its awn expersse and has its option, rife, procure for fie Purchaser the right to continue using said equipment or pans, replace fie same with substantially equal but noninffging equipment, or modify it wed it becomes noninlnnging. 15. INSOLVENCY. If the Seller shall become insolvent ar has oral, make an assignment for fie benefit of undimrs, appoint a hativer or trustee for any of the Sellers property or business, this order ray foMwlf be canceled by the Purchaer without liability. 16. GOVERNING LAW. The definitions of terms used or the imerymation of the agreement and fie ruts of all parties hereunder shall be construed under end governed by the laws argue State of Colorado, USA. The following Additional Conditions apply only in cases where fie Seller is in perform work hereunder, including the servicrs of Sellers Represemmdive(s), on fie premises afothers. Il. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the same is fully completed and accepts, and shall, in se of any accident, destruction or injury to the work indoor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to fie satisfaction of the Pumhaer. When materials and equipment are fumished 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 materials cracker equipment were being furnished by the Seller under fie order. 18. INSURANCE. The Seller shall, at his own expense. Provide fir the payment efworkers compensation, including occupational disease bonefits, to its employees employed on or in connection with the work covers 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 entry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any we person, S5tK),(XK) for any eaidmu and Properly damage limit per accident of S40st no Seller shell likewise require his conmuetors, if any, to provide for such eampereatien and insurance. Before any of the Sellersor his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifirme that such compensation and insurance have been provided. Such certificates shall specify the date when such nmpensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires the Serer agrees that such compensation and insurance elan be, malnsomed until after the afire work is completed and accepted. 19. PRO] EC'I ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or limitary catul by or resulting from the execution ofthe work provided for in this purchase order or in connection herewif. The Seller will indemnify and hold battles, the Purchaser and any r all of the Pumhssers officers, agents and employees than and against any and all claims, ussam. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may Far put or subject by reason of any no, action, neglect, omission or default on the Wrr, of the Seller, any of his contractors, or any of the Sellers of contractors officers, agents or employees. In case any suit or nine, proceedings shall be brought against the Pmchaser, or its officers, agents or employees at any time on season or by reamer of any act action, angled omission or default of the Seller of my of his crntmcmrs or any of its or their officer, agents or employees . aforesaid, the Sella hereby agrees to aswume the de@use thermf and as defend the same at the Sellers own experts,, m pay any and all costs, charges, allomeys fas and other expenses, any and all judgments that may be incurred by or obwined against the Purchaser or any of is or their officers, agents or employees in such suns or once proceedings, and in cox judgment or other lien be plats upon or obtains against ere property, of the Purchaser, or said parties in m as a result of such suits or other proceedings, The Seller will at once cause the same to be chemical and discharged by giving band or otherwise. The Seller and his corporations shall fake all safely prtcautions, f iwh and install all guard naesxry for fie pmormon, of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Overpolional Safety and Health An of 1970 and all roles and regulations issued purstaan therein. Revised 03/1010