HomeMy WebLinkAbout116438 POUDRE VALLEY REA - PURCHASE ORDER - 9121759City of
Fort Collins
Date: 03/23/2012
Vendor: 116438
POUDRE VALLEY REA
ATTN: TERRY WILLIS
PO BOX 272550
FORT COLLINS Colorado 80527
PURCHASE ORDER
PO Number Page
9121759 t of 3
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: 03/23/2012 Buyer: OPAL DICK
Note
Line Description Quantity UOM Unit Price Extended
2rdered Price
Purchase facilities- SW Annex / 1 LOT EA 4,260.00
PVREA WO 120056
2 Purchase facilities- SW Annex / 1 LOT EA 2,349.50
PVREA WO 120056
3 Purchase facilities- SW Annex / 1 LOT EA 292.50
PVREA WO 120056
4 Purchase facilities- SW Annex 1 LOT EA 47.50
PVREA WO 120056
e Purchase facilities- SW Annex 1 LOT EA 260.00
PVREA WO 120056
UInvoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City OfCollins
� 9121759 z °'s
ppear
F6rt ( oll i n s on allnumberies, pacst king
` \� J on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
6 Purchase facilities- SW Annex
PVREA WO 120056
1 LOT EA
Total
1,537.50
$8,747.00
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
'fax exemptions. By .statute the City of Fort Collins is exempt Isom state ..,it local luxes. Our Exemption Number is
98-04502. Federal Excise Is, Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Int... I Revenue, Dune,, Colorado iRef. Colorado Revised Statutes 1973, Chapter 39 36, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either %bat shipped or due to defects of
damage in fmnsil, nay be returned to you fur credit and are not to be replaced except upon receipt of wrinco
iuswcfiam fimn till City effort Collins.
Inspection. GOODS arc subject m the City of Fon Collins inspection tan arrival.
11. NONWAIVER.
Fuilaw of the Purchaser to insist upon strict perl'umnance of the erns and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a
breach, the vccepance of or payment fur goods hereunder 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 Jccned . waver of any right of tle
purchaser to insist upon strict per l unnuncc hereof or any of its rights or rented ics as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purlwncd
oral ondifiaWno or ...ciss.'lou of this purchase order by the Purchaser operate as u waiver of any of the terms
hereof.
Final Acceptance Receipt of the merchandise, services or equipment in respmue to this aide, can resull in 12. ASSIGNMENT OF AN1 I'fRUSTCLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmsi
ACCEPTANCE is dependent upon completion ofall applicable required inspctiun pruccdures. violations an, in fact borne by the Purchase, 'theretofore, for good came .,,it as consideration for executing this
purchase order, it,, Seller hcrcby assigns to the Purchaser any and all claims it may now have or hereafter
Frcighr Terns. Shipment, must be F.O.H., City of Fort Collins, 700 Wood SL, Fun Collins, CO 80522, unless uequircd under federal or state antim st laws for such overcharges relating w the particular goods or services
utlenviu specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased oracquir d by the Purchaser pursuant to this purchase order.
bill must uec.nipany invoice. Additional charges for packing will not be accepted,
Shipment Dismace. Where mnnufu,turers have disuibating points Al various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess Freight will be deducted from Invoice when
shipnwnls are made from greater distance.
Permit. Seller shall procure at sinters sole curl all necessary permits, certificates and licases required by all
applicable Iaus, regulations, un inances and rules of the state, municipality, territory or political subdivision where
the work is perfomned, or r quircd by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further a„roes to hold the City of Fen Collins hantdess from and against all liability and loss
incurred by thcnn by reason of ao usscnd or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorizalun. All panics to this contract agree that the represcntmnec are, in lact, bona tide and possess full and
complete authority to bind said panics.
LIMITAI ION OF TERMS. This Puehase Order expressly limits acceptance to Ih, terns and conditions stated
h,,cin set forth and any supple ... votary or additional toms and conditions muexed hereto or incorporated herein by
retcrence. Any additional or ditbercnt terms and conditions proposed by seller are objected In and hcrcby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGEN"r immediately if you cannot make complete shipment to arrive nn your
promised delivery date as noted. "rime is of the esse rce. Delivery and performance must be cheered within the lime
stated on the purchase order and the documents launched hercm. No acts of the Purchasers including, withow
limimtion, acceptance of partial late deliveries, shall operate as a wnivcr of this prevision. In the event of any delay,
foe Purchaser shall have, in addition to .,her legal and equitable remedies, the opidu l ufplacing this order elsewhere
and holding the Scllcr liable for damages. however, the Sellershall not be liable for damages as a result of delays
due 10 causes nut remonably foreseeable which arc beyond its reasonable control and without its fault ofn,gligmme,
such act of God, secs nfeivil or nnililary authorities, governmental priorities, liras, strikes, flood, epidemics, wars or
riot, provided that runic, of the emotional, causing such delay is given to the Purchaser within five (5) days of the
fins when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
exendcm for the period equal to the lime usually lost by reason of fhe delay.
3. WARRANTY.
'I he Seller warrant, that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other d senplions given, will be Ill for the purposes intended, and
perloaned with the highest degree of care and competence in accordance with acccptcd standards for work of a
similar na t rc. The S.Iler agrees to hold the purchaser harmless from any loss, damage or expense nvliich the
Puehaser nay sufTcr or incur on accomn of the Scllcrs beach of warranty. The Seller shall replace, repair or nrakc
good, without cost to the purchaser, any defects or fouls arising within one (I) year or within such longer period of
time as may be prcxriba1 bylaw or by the erns of any applicable warranty provided by the Seller after the date of
cceptanee of the goods furnished hercwder (umepmnec not m be mveamnubly Jduycd), resulting from imperfect
or defeefivc mod Jun, m mmcrids furnished by the Scllcr. Acceptance or use of goods by the Purchaser slwll nut
constitute a waiver of any claim under Ibis mamanfy. Except as iala, misc provided in this purchase order, the Sellers
liability hereunder shall extend w tall damages proximately caused by the breach of any of the foregoing warranties
tar guarantees, but such liability shall in m event include loss ofprotils o, loss of use. NO IMPLIED WAILItANI'Y
Olt MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
q. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal ernes by written change order.
5. CHANGES IN COMMERCIAL TERMS.
'1'hv Purchaser may nakc mry changes tu the rams, other than legal terns, including additions m or deletions from
the quantities originally ordered in the specifieutions or drawings, by verbal or written change ode, If any such
change aft2as the anmntn due or the time of pnfommar" hereunder, an equitable adjustment shall be made.
6. TERM ]NATIONS.
'I It, Purchaser may aI any in,,, by wnne. change oiler. Icnninae this agreement as to any or all Furious of elm
goods then not shipped, subject to any ati lc adjustment between it,, parties as to any wank m materials [hell it,
pmgre> provided shut he Purchaser sbdl not be liable for any claims for anticipated profits on the uncunlideted
portion of fhe goods and/or murk, tit, incidental or consequential da riagcs, and that no such adjustmenl be mode in
favor ol'the Scllcr witb re""t fo any goods which are the Sellers standard stock. No such ternfinatimn shall relieve
dhc P..Iluwr or the Seller of any of their obligations as to any goods delivered o uo,auder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment nwst be lessened within shiny (30) days Iiom fine date the change or erainedion is
ordered.
S. COMPLIANCE WITH LAW.
'I he Seller warrants that all goods sold heremdcr shall have been produced, sold, delivered and Furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such doeumenfs as may be required to effect tar evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this rdircuce. The Seller agrees to
indemnify and hold the Purchaser harmless font all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such low.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder wilhuuf the
prior written consent of the other parry.
10. TITLE.
The Seller..mants full, clean -mad unrestricted title to the Purchaser for all equipmen, materials, and items famished
in performer" of this agreement, free and clear of any and all liens, restriction, rcscrvatims, security imcrcsl
encumbrances and claims ul others.
13. PURCHASERS PERFORMANCE OI' SELLERS OBLIGATIONS.
If the 1'arsmscr directs dhc Seller to cancer omeonloming or defective goods by a date to be.,ccd no by the
Purchuscr and the Scllcr, and the Scllcr thereafter indicates its inability Or unwilllugncss to comply. the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with act, work.
The Seller shall release the Purchuscr and its contractors of any tier front all liability and claims of any nature
..salting from the performance o1 such work.
This release shall apply even in the event of fault Of negligence o1'thc Puny released end shall extend 10 the
directors. OBicco; and ennployces of such party.
'I he Seller's commauel obligations, including wamnry, shut[ not be dcci ed to be reduced, in any way, became
such work is perfomnd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or pruccss covered by letter, patent, tradannrk
tar eupynglu, the Scllcr shalt indemnify and stave hamless the Purchaser tram any and all cluit s for infringcmcn[
by reason of the use of such patented design, device, material or process in connection with the calumet, and
shall indemnity the Purchaser for any cow, expanse cr damage which it may be obliged to pay by reason uf,.cli
infringement at any time during the prosecution or after the completion of the murk. In case said equipment, or
any pan thereof o,the intended use of Jot goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at it, men cvpcluc sad at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noniwlinging equipment, or mdily it so it becomes noninfringing.
15. INSOLVENCY.
If the Scllcr shall because inmlvcnt or bankrupt, make an ussigni em for the bvactif of creditors, appoint u
receiver or trustee for any ol'the Sellers property or business, flare order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
'I tic definitions oftcrna used or the inicrprcimian in the agra<ncnl and the rights ofall panics hereunder shall be
eonswud under and governed by the laws of dhe State of Culordo. USA.
tic following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Scllcrs Repo sentulive(s), on the premises ol'uther,
17. SELLERS RESPONSIBILII Y.
The Scllcr shall carry no said work at Scllcrs Own risk until file same is fully completed and accepted, and shall,
in ease of any ...idan, datmnion or injury w the work and/or materials before Settees final completion and
acceptance, complete the nark at S.Rm's own expense and to the satisfaction of he Purchaser. When materials
and equipment me furnished by others lac installation or ere.timn by the Suite , the Seller shall receive, unload,
store and bondlc same an the site and become responsible therefor as though such materials and/or equipmcnl
were being furnished by the Seiler unit,, fhe .,it,,
18. INSURANCE.
11Ie Seller shall, a1 his own expense, provide for the payment of modes compensu[ion, including occupational
disease bensus, to its ,mPluyns employed tan or in connection with the work cover d by this purchase order,
anchor to their dependents in accordance with the Imes of the state in which the work is to be dune. The Seller
shut] also curry comprehensive general liability including, but not limited to, contractual and automobilepublic
liability insurance with bodily injury and death limits of an lead S300,000 for any one person, S500,000 for any
.no accident and propeny damage limit per accident of S400,000. The Seller shall likewise require his
contracture, if any, to provide f rr such emmpcitsation and insurance. Hepatic mry of the Sellers or his contractors
employees shall do ally work upon the penrises ofmhers, the Seller shall furnish the Purchaser with a certificate
that such compensation and insum nee have been provided. Such ceniticata shalt specify the dale when such
compensation and insurance have b,cn provided. Such cenifiemcs shall specify the date when such compensation
and insurance expires. The Sell cr.... us finat such compensation and insurance shall be maintained until after tlm
entire work is completed and accepted.
19. PROTECTION AGAINS"IACCIDENTS AND DAMAGES.
'1-he seller hcrcby assumes the entire responsibility and liability for mry and all (Lounge. loss or injury of any kind
or nature whalsoever to persons or property caused by or resulting front the execution of the work provided for in
[his purchase order Or in conneciun herewith. The Scllcr will indemnify and hold loon les, the Purchaser and any
tar tall ol'the Purchoscrs office,, agent, .,,it employees Iiom and against any and all dims. loses, damages.
charges or expenses, whether direct or indiN't, and whether no person, or ptapeny to which he Purchaser nay
be par or subject by reason of any net, 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 ennploy'ees. In case any suit or other
proceedings shall be brought against the Purchuscr, or its officers, agents or employees arc any time on account or
by reason of any act, action, neglect, omission or default of the Set let of any ol'his contractors or any of its or
their oficea, agents or employees as aforesaid, the Seller hereby as,,. to assures the dc&nse thereof and to
defend it,, sane at the Scllcrs own expcnrc, to pay nay and all costs, charges, allumcys fees unit other expenses.
any and tall judgments [bat may be incurred by or obtained against the Purchaser or any of is or their a ices,
agents or employees in such suits or other proceedings, and in case judgment or other two be placed olwn or
obtained against the property W'Ihc Purchaser, or said parties in or us a result ofsuch suits or other proccatings,
doe Seller will a1 once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall lake all sanely precautions, furnish and install tall guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limiatimn, the
Occupational Safety and Health Act of 1970 and all talcs and reglilmion, issued pursuant thereto.
Revised 0373010