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HomeMy WebLinkAbout116438 POUDRE VALLEY REA - PURCHASE ORDER - 9120253Fort Collins Date: 01/13/2012 Vendor: 116438 POUDRE VALLEY REA ATTN: TERRY WILLIS PO BOX 272550 FORT COLLINS Colorado 80527 i PURCHASE ORDER PO Number I Page 9120253 1 1of3 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT CO INS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/13/2012 Buyer: OPAL DICK Note: Line Description Auantity UOM Unit Price Extended Ordered Price Transfer of Facilities 1 LOT EA 26,920.00 SW Annexation W.O. #2446 2 Transfer of Facilities SW Annexation W.O. #2446 3 Transfer of Facilities SW Annexation W.O. #2446 4 Transfer of Facilities SW Annexation W.O. 5 Transfer of Facilities SW Ann ation W.O. #2446 91zx� 2. 0'yu�-Qk a-e_ 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 EA 1 LOT EA 1 LOT EA 1 LOT EA 7,549.00 7.700.00 21,375.00 468.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins U PURCHASE ORDER City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 PO Number Page 9120253 2o13 This number must appear on all invoices, packing slips and labels. Total Invoice Address: 2.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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 meet specifications, either what shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions front the City of Fun Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the temu and conditions hereof, failure or delay to exercise any rights or ranedics provided heroin or by law, failure to promptly notify the Seller in the event of o breach, the accpmnce of or payment for goods b •rcunder or approval of the design, shall not release the Seller 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 span strict performance henufor 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 hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns heeof. 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 pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antioust ACCEPTANCE is dependent upon completion ,fall applicable required inspection procedures. violations an in fact borne by the Purchaser. Thererofore, 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 hercmicr Freight 'fca s. Shipnwnts must be F.O.H., City of For Collins, 700 Wood St., Fun Collins, CO 80522, unless acquired under federal or state antitrust laws fur such overcharges relating to the particular goods or services otherwise specified on this order. If pcilausion 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 pars of the country, shipment is If the Purchaser dines the Seller to correct nonconforming or defective goads by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, 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 meets available to it, and the Seller shall pay all costs c ocimed with such work. Permit. Seller shall procure at sellers sale cast all necessary permits, eililicnes and licenses required by all applicable laws, regulations, ordinances and rules office state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of verdict. Seller further agrees to hold the City of Fun Collins hamdcse from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. AWhmizntion. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forh and any supplementary or additional terns and conditions anncxcd herd, or incorporated herein by reference. Any additional or dif lerem terns and conditions proposed 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. 'rime is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents amached hereto. No acts of the Purchasers including, without limitation, acceptance of partial lute deliveries, shall operate as a n'amc, of This provision. 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 danages as a result of delays due to causes not reasonably foreseeable which arc beyond is reasonable control and without its fault ofneghigence, such acts of Gad, acts ofcivil or military authorities, governmental priorities, Bros, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ruffle time when the Seller firs) received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lust by reason ofthe delay. 3. WARRANTY. The Seller warrants 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 purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless firma any loss, damage or expense which the Purchaser may stiffer or incur on account office Sellers breach of warrvnty. •lilie 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 toms ofmry applicable warranly provided by the Scllcr filer the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany chum under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately tamed by the breach ofany of the foregoing warranties or gumarit" , but such liability shall in no event include loss ofpmfis or loses 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofperfurmance hereunder, an equitable adjustment shall be etude. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions office goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pm m s provided that the Purchaser zhall non be liable for any claims far anticipated profit on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stuck No such renunciation shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast Is, asserted within thirty (30) days from the date the change or wi niamion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants chat all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall cxccun• and deliver such docunments as may be required to effect or evidence compliance. All paws and regulmions required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser lmfmty s from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other parry. 10. TITLE. The Seller warrants full, dear and uaanicted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser acid its contractors of any tier from all liability and claims of any nature resulting from the performance 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 and employees ofsuch party. 1'he Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed 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 Set let shall indemnify and save harmless the Purchaser tram any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, acid shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such in lringcmem at any time during the proweufion or after the completion of the work. In case said equipment, or any pail thereof or the intended use of the goods, is in such suit held to constitute in Fri ngemenf and the use of said equipment or pun 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 pans, replace the same with subsantially equal but nonintiinging equipment, or modify it so it becomes nonin ringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigmncm for the benclit 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 oftcros used or the interpretation riche agmentanf and the rights ofall panics hercundershull be construed under and governed by the laws off a, State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcr Rcprescnfative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall early or mid work at 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 Sellers final completion and acceptance, complete the work m Sellers own expanse and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or crction by the Seller, the Seller shall receive, unload, score and handle same ut the site and become responsible thercfur as though such materials and/or equipment were being fumishcd by the Scllcr under the order. If. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compenvtion, 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 Imps of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ofat (cast $300,000 for any one person, S500,000 for any one accident and progeny damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such concpenmtion and insurance. Before any office Sellers or his contractors employees shall do any work upon the premises archers, the Seller shall furnish the Purchaser with a certificate that such compensation unit insurance have been provided. Such cenificates shall specify the date when such compensation and insurance have bean provided: Such certificates shall specify the date when such compensation unit insurance expires. The Seller agrees that such compensation and insurance shall be, maintained until after the emim work is completed and occupied. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Scllcr hereby msumes fife entire mspmrslbility and liability I'or any and all dwuage, loss or injury ofany kind err nature whatsoever m persons or properly caused by or resulting fmm the execution offhe work provided for in this purchase orderm is connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any ar all of the Pamb.wrs olltec.. agcns and cnmph, ccs from and against any and all wins, lows, damages, clarges or expenses, wheftier direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchase, or its oniccrs, 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 is or their officers, agents or enhphoyccs as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the vac at the Sellers own expense, to pay any and all toss, charges, attorneys fees and other cxpcmcs, any and all judgments [hat may be incurred by or obtained against the Purchaser or any of is 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 property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause [lie saute to be dissoN'ed and discharged by giving bond or otherwise. The Seller and bits contractors shall fake all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply ailh all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010