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HomeMy WebLinkAbout539269 UNDERGROUND DEVICES INCORPORATED - PURCHASE ORDER - 9145000PO PURCHASE ORDER 914500er Page City of PURCHASE 97 45000 1 of z ' `tr olI I Ms This number must appear ` V ` 1 1 on all invoices, packing sli s and labels. Date: 08/29/2014 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: 08/29/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 60 pc BS7503 Bore Spacers 1 LOT LS 4,442.40 Quote Dated August 28, 2014 - RFQ--Bore Spacer-BS7503 Only manufacturer for these products per J.McTague. pli 6/26/14 2 8 rolls SS201S625 Band 1 LOT LS 678.40 3 3 pkgs SS2016625 Buckle 1 LOT LS 90.84 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 $5,211.64 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt tram slam and local coxes. Oar Exemption NumM ls 11. NONWA VIER. 98-01503. Federal Excise Tax Exemption Certificate of Registry M-600o587 is tendered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and ..do. hereof, failure ar delay to Internal Revenue, Denver, Colorado (Ref Colorado get ad Standes 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, are acceptance ofor payment for gsais hereunder or approval of the design, shall notreleaze the Seller of Goods Rcjcded. GOODS REJECTED due to failure 1. meet specifications, either when shipped or due to defecs of any of the wamandes or obligations of this purchase order and shall not be domed a waiver of any right of the damage in down, may be renuncd to you for credit and are not to be replaced acept upon receipt of w man pumbaser to insist No strict perficammence hereof., any of its fights or remedies as m any such goods, regardless instructions f the City of Fan Collins. of when shipped, received or accepted as m any poor or subsequent default hereunder, oar shall any purported oral modification err rescission of this purchase aid, by the patch. operate as a waive, of any of the terms Inspection. GOODS arc subject to the City of Fon Collins inspection an amval. hereof Final Accepa ,a Receipt of the merchandise, servarrox or equipment in response to Nis order can result in 12, ASSIGNMENTOF ANTITRUST CLAIMS. motorboat payment on the pan of the City of Fan Collins. However, it is to be understand thud FINAL Seller add the Foreman meopium that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicblo arEired inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideratiaa for executing this pumhae order, the Seller hereby auigm to the Purchaser any and all claims it may now have or heratcr Freight Terms. Shipments most be ROB ., City of Fun Collins, 710 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this order. Upennission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursand to this purchase coder. bill trial saccom rev invoice. Additional charges for packing will not be accented. Shipment Distance. \Mere manufacturers have dorributing paints in various Loans of the country, shipment is expected Gom rIrc marat distribution poim to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Fermis. Seller shall procure at sellers sole cost all necessary permits, unifirme, mud licenses required by all applicable laws, negotiators, ordinances add rates of the suite, municipality, temmry or political subdivision where the work is performed, or required by any other duly ronsdmted public maturity, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liabi iry and lass incurval by them by reason of an reserved or established violation of any such laces, regulations, .nlinances, roles and mr i mends. Authorlration All panlR to this contract agree that the representatives art, th fact, hods fide and Lowness Fall and complete authority to birul said panic,. LIMITATION OF TERMS. This Parchsse Order expxsely limits acceptance to the terns and conditions stated herein set forth and any supplementary, or additional terns and conditions annexed fimeto or inc.rpnmted herein by Trani Any additional or diBerent terms and conditiom prop.sed by seller are objected to and hereby jeered. 2, DELIVERY_ PLEASE ADVISE PURCHASING AGENT immediately if you canna, make complere shipment m artive on your promised delivery data as nmed. Time is of the essence. Delivery and pmfommnce most be effected within the time sorted on the purchase, order and the documms aaached herein. No acs of the Purchasers including, without limitation, acceptance ofpanial late delivmes, shall operate as a waiver of this pawkion. In the Gant of any delay, the Purchaser shall have, in addition to other legal am equitable remedies, the option of placing this order elsewhere and holding the Seller liable fir damage. However, the Seller di II not Ise liable far damages as a result of delays due to causes not memorably foreseeable which are beyand its reasonable control and without its fault of negligence, such aces of Gai acts of civil or military autlandmi, gammmental priorities, fires, strikes, Road, epidemics, warn or ,,.is provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of We time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the periwl equal to the time actally lost by masm cram delay. 3. WARRANTY. The Seller warrants that all grads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest de&ce of care and competence in accordance with accepted standards for work of a emilar mature. The Seller agrees m hold the purchaser hamdess 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 cast to the purchaser, any defects or faults arising within one (1) year or within such Langer period of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller after he date Of acceptance of the goods Famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or matmals fum¢hed by the Seller. Acceptance ar use of goods by the Purchaser shall rot constitute a waiver ofany claim under an, w 1y" Except as othmvise provided in this pdclowe order, the Sellers liability ficamader shall extmd to all d mega proximately caused by the breach of any of the foregoing wmrantax err guammor s, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teas by waned change order. 5. CHANGES IN COMMERCIAL TERMS. The Pnrcliawr may make any changes to the terms, the, than legal loran, including additions m or deletions from the quantities originally ordered in the specifications or dmwings, by verbal or written change order. If any such change inflects are amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all panions of the g..da then not shipped, subject 1. any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall no, be liable for any claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental or rnrxsegmosid damages, and them m such accumrnt he made in favor of the Seller with respect many goods which are the Sellers suindad stock. No such termination shall relieve ere Purehaser or the Seller fany of their obligations as m any goods delivered hereunder. ]. CLAIMS FOR Aid USTMENT. Any claim for adjustment must be asserted within thirty (30) days from are date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller vvanved, that all goods sold hereunde, shall have been produced, sold, delivered and famished in strict compliance with .11 applicable laws and regulations m which the goods are subject. the Seller shall execute and deliver such d.enments as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chamber are hereby incogorated herein by this reference. The Seller agrees to indemnify and hold the Purchaser madess from all casts and damages sdTered by the Pmehaee as a read, of ere Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey Phis order, or my monies due or to become due hereunder without the prior wrinea mused of the other pady. 10. TITLE. The Seller wananis PoII, clear and dominated one to the Purchaser for all equipment, matmals, and items Famished in performance of this agreement, free and clear of any and of liens, restrictions, reservations, security commit encumbrance, and claims of aaers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dideens the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purehaser and the Seller, vad the Seller thereafter indicates its inability or unwillingness a comply, the Purchase, may cause the work to be performed by the most expeditious means available to iq and the Seller shall pay all rests associated with such work. The Sella shall release, the Pureheer and its contractors of any der foam all liability and claims of my nature resulting, from the peffammnce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors, effects and employees ofsuch party. The Sellers contractual otd, imO. including wamnly, shall col be decimal to be reduced, in any way, because such work is perfaumed o, causal m be perfunfiread by the Purchaser. 14. PATENTS. Whenever the Seller is negnirmd muse any design, device, material or process covered by letter, pideal, hadanmk or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the nu of such Wtrnted design, device, nommal or process in connection with the contract, add shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any pan fdral' or the intended use of the gods, is in such snit held In Immu rate inGngement and the use of said equipment or pad is enjoined, the Seller shall, at its own expense and at its option, either procure for fie Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but mninGnging equipment, or modify it an it becomes rmnfnGnging, 15. INSOLVENCY. If the Seller shall become insolvent or bnnkmp, make an assignment for the benefit of creditors, appoint a Or made, fir any of the Sellers property or business, has .,der may forthwith be canceled by the Puurchaser without liability. 16. GOVERNING LAW. The definitions ofterrm used or the interpretation ofthe agreement and the rights of all panics hereunder shall be coastmed under and governed by the laws of the State ofColumdo, USA. The following Additional Conditions apply only in cases where she Seller is to Mr.. work hereunder, including the services afSellers Romesenmtive(s), an the prtmica.fothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully complUed end accepted, and shall, in ase of any accident destruction or injury to the work and/or materials before Seller's than completion and accepmntt, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmerials bad equipment are famished by others for ieuill tion or erection by the Sella, the Seller shall receive, unload, store and Randle same at the site and become responsible therefor as though such materials and/or equipment was being famished by the Seller node, the color. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers rompensaton, including occuWtiand disease Lessard. to its employees employed on or in connection with the work covered by this purchase order, addict to their dependents in accordance with the laws of the state in which the work is in be done. The Seller shall also smny comprehensive 6aneml liability including, but not limited to, contractual and automobile public liability ia.... a a with bodily injury and deaf limits .far least S3..000 far any one Iacono, S50i for any accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractor, if any, to provide for such compensation and insurance. Before any craw Seller or his contractors employees shall do any work upon the premiss of others, the Sella shall famish fare Purchaser with avocation, that such compensation and insumme have been Provided. Such ocapeater shall specify the Jan when such compensation and insurance have been provided. Such certificates shall specify the dote 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 wa um s the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting Gom the execution of the work provided for in this purchase aide, or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents aM employees from and immint any and all claims, knowchannels, s, harges or expenses, whether direct or indirect, and whether to persons or Motet to which the Porclusser may be put or subject by reason of any set action, neither, omission or default an the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employee. In case any suit or other proceedings shall be brought against the Purchaser or its once., agents or employees al any time on account or by reason of any act, in ion, neglect, omission or default of the Seller of say of his wmmctors or any of its or then officers, agents or employees as aforesaid, the Seller hereby agrees to assume ere defense thereof and in defend the soma at the Sellers own experes, ra nay any and .II cods, charges, mmmays fees and usher expcmes, any deal all judgments that may be, inured by or obtained against the Purchaser or any of its or thew officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against ere property of the Purchaser, or said parties in Or as a mini of such suits or .the, proceedings, the Seller will at once cause the same to be dissolved mad discharged by giving bond or otherwise. The Seller and his contractors shell rake all safety precautions, Famish and install all gumds t vessary for the pmention of accidents, comply with ell laws and regulations wish regard to safety including, but without limitation, the Occupational Safety arm Health Act of 1990 and all rates and regulations issued porsuant therein. Revised Wait 14