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HomeMy WebLinkAbout116438 POUDRE VALLEY REA - PURCHASE ORDER - 9116743Fort Collins i PURCHASE ORDER I PO Number Page 9116743 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 11/08/2011 Vendor: 116438 Ship To: ELECTRIC UTILITIES POUDRE VALLEY REA CITY OF FORT COLLINS ATTN: TERRY WILLIS 700 WOOD ST PO BOX 272550 FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80527 Delivery Date: 11/08/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price SW Annex - Phase 3 1 LOT EA 12,287.50 PVREA WO 41867 2 SW Annex - Phase 3 1 LOT EA 5,258.00 PVREA WO 41867 w C3. O✓t�:-a4 � 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 Total Invoice Address: 7 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By staNte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-W00587 is registered with the Collector of Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to met specifications. citha when shipped or due to defects of damage in travail. may be returned to you for credit and arc not to be replaced except upon receipt of written instructions front the City of Fort Collins. Inspection. GOODS are subject to the City of Fan Collins inspection an arrival. 11. NONWAIVF,R. Failure of the Purchaser to insist upon strict performance of the tarts and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a broach, the acceptance of or payment for goods hereunder or.pproval ofahe design, shall not release the Seiler of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default heren nder, nor shall any purported not modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchascr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.H., City of Fort Collins, 700 Wood St., Fair Collins, CO R0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular gmds or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant 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 points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mies of the state, municipality, territory or political subdivision what the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins harmless fmm and against all liability and lass incurred by them by reason often asserted or established violation ofany such laws, regulations, ordinances, rules and requirements. Authorization. All parries to this contract agree that the representatives arc, in fan, bona fide and possess full and complete authority to bind slid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed harm or incorporated herein by refaenm Any additional or different tarts and conditions proposal by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised 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 ofpanial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably fon.ccable which are beyond its reasonable control and without its fault ofnegligcnce, such acts of Gerd, acts ofeivil or military authorities, imac nmental priorities, fires, strikes, Bond, 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 is amounts that all goods, 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 purlsases intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless fro any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwananty, The Seller 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 of any applicable warranty provided by the Seller ,Act the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance are use of goods by the Purchaser shall not common, a waiver ofany claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics 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 purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spceifieatiens or dmwi.,. by verbal mr omen change order. If any such change affects the amount due or the time ofpaformance hercunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement n to any or all protons of the goods then not shipped, subject to any equitable adjustment bctwcen the parties as to any work or materials then in progress pmvided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted pension of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Sella with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchascr or the Sella ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assamd within thirty (30) days Mean the date the change or lamination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and burnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated harm by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from, all cots and damages suffered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncitht parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the pnor written consent of the other party. 10. TITLE. The Seller watm.is full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofathers. The Sella shall release the Purchaser and its contractors of anv tier from all liability and claims ofany nature resulting fmm the performance ofsuch work, This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Sella's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever 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 from any and all claims for infringement by reason of the use of such patented design, device, material are process in connection with the contract, and shall indemnify the Purchascr for any cost, 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 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 Seiler shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts. replace the same with substantially equal but noninfringing equipment, or modify it so it becomes mninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bereft 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 ofthc agmancnt and the rights ofall panics hereunder shall be consumed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellcrs Represenmtive(s), on the promises ofoth its. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, dovivction or injury to the 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 arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible thercfor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Scllcr shall, at his own expense, provide for the paymcot of workers compensation, including occupational disease benefits, to its employees empluyed 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, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.00r1 for any one person. S500.000 for any one accident and Property damage limit per accident of S400.000. The Seller shall likewise require his contractors, vary, to provide or such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others. the Seiler shall furnish the Purchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bean provided. Such anificatcs shall specify the dine when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION 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 prepary caused by or resulting form the execution ofthe work provided for in this purchase notcr or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or propcoy to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other Proceedings shall be brought ngaiast the Purchascr, or its oficcrs, agents or employees Mary 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same to the Scllcrs own expense, to pay any and all costs, charges, annmcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, anti in case judgment or other lien be placed upon or obtained against the property ofthc Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seiler will at once cause 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 Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised 03/2010