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HomeMy WebLinkAbout116438 POUDRE VALLEY REA - PURCHASE ORDER - 9112546City of F,.6rt Collins Date: 05/04/2011 Vendor: 116438 POUDRE VALLEY REA ATTN: TERRY WILLIS PO BOX 272550 FORT COLLINS Colorado 80527 PURCHASE ORDER PO Number Page 9112546 1o13 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/04/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Purchase of Facilities in Liberty Farms Annexation (REA WO 40618) 1 LOT LS 11,849.15 2 Liberty Farms Annexation 1 LOT LS 108.39 3 Liberty Farms Annexation 1 LOT LS 967.75 4 Liberty Farms Annexation Subtotal Total Liberty Farms Annex $15,479.28 1 LOT LS 2,554.00 5 Purchase of Facilities in Crawford Annexation (REA WO 41032) 1 LOT LS 812.43 C3. Oita.,-QQ.� 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, 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 PO Number Page City Of 9112546 2 of 3 ' `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 Crawford Annexation 7 Crawford Annexation Subtotal Total Crawford Annex $1,317.18 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, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com 1 LOT LS 193.60 1 LOT LS 311.14 Total Invoice Address: 796.46 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state aod local taxes. Our Exemption Ntimher is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate, Of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hem.f. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973,'Chapter 39-26. 1I4 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Stucr in the event of a breach, the acceptance ofor payment for good hereunder orappmval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or dac to defects Of any of the warranties or obligations of this purchase order and shall not be devoted a waiver of any right of the damage in transit, may be roomed to you for credit and are not to be replaced except upno receipt of wrincn purchaser to insist upon strict Perfbrmance hacefor any of its right or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any print or subsequent def v11 hereunder, nor shall any Purported onl modification Or rescission Of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 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 an the part of the City of Fort Collins. However, it is to be undcrs ccal that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pureharer any and all claims it may now have or hereafter Freight Terns. Shipment must be F.O.B.. City of Fort Collins. 700 Wood St., Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser parsnant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing point in various parts of the century. shipment is If the Purchaserdirects the Seller 10 correct nonconforming or defective good by a date In be agreed upon by the expected lrum the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller therea0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs assgi. cd with such work. Permits. Seller shall procure at sellers sole cost all nmessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly cnnstitnted public mnhority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless firma and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, urdirmces, odes and requirement. Authorirmion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hacin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional ar different terms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option affiliating this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages a, a result Of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofeivil or military authorities, governmental priorities, rims, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given 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 date of delivery shall he extended for the period equal to the time actually 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 dmwings, specifications, samples and/or other descriptions given, will be fit for 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 Sell" agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach ofwamnry. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable wamnry provided by the Seller net the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumisbed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wa tanry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages praximatcly caused by the breach of any of the foregoing wars rates or guarantees, but such liability shall in no event include loss ofproftts or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to Or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or .written change order. If any such change affects the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to am or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such xdj ustmcut be made in favor of the Set ter with ¢spice, to any goody which arc the Scllcrs standard stock. No such termination shall relieve the purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as maybe required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character arc hereby inmrpanted herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Pumhascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncitha party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and dear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Perfommnce of -such work. - This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers aad employees ofsuch party. The Seller's contractual obligations, including warm aty, shall not be deemed to be reduced, in any way, because such work is perfmmd or caused to be perfumed by the Purchaser. 14. PATENTS. Whcncvcr the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright the Seiler shall indemnify and save harmless the Purchaser Foam any and all claims for infringement by reason of the use of such patented design, device, material or proses in connection with the contract and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by mason ofsuch infringement at any time during the pmsceation or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment 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 mid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noniufringing. 15. INSOLVENCY. If the Seller shall berme ia,Olvcnt or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperty, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation Ofthe agreement and the rights ofll panics hereunder shall be construed under and gnvcmed by the laws Ofthc State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services Of Scllcrs Representative(,), On the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry On said work an Seller's own risk until the same is fully completed and accepted. and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall recciva unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller tinder the Order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed 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, eontraenml and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, 5500,000 for any one accident and property damage limit per accident of S300,000. The Seiler shall likewise require his contractors, trinity. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work open the premises ofothers. the Seiler shall Furnish the Purchaser with a certificate that .such compensation and insurance have ban provided. Such certifiuites shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the data .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 Scllcr hereby assumes the entim responsibility aad liability for any and all Ins, or injury ofany kind or nature whmsmver to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Ptrchascrs ORecrs. agents and employees front and against any and all claims losses, damages. charges or expenses, whether direct or indirect, and whether to persons or puTerty to which the Purchaser may be pot or subject by reason of any act action, neglect, omission or default On the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors offtcets, agents or employees In ease any suit or other proceedings shall be bought against the Purchaser, or its offices, 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 contractors or any of its or their offcem, agents or employees as aforesaid, the Seller haeby agrees to assume the defense thereof and to defend the same at the Sellers oxen expense, to pay any and all costs, charges, momcys fees and other expenses, any and all judgments that may be insured by or obtained against the Purchasr or any of its or their Officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmmtty of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othcmisc. 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 regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and mpilations issued pursuant thereto. Revised 03/2010