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HomeMy WebLinkAbout116438 POUDRE VALLEY REA - PURCHASE ORDER - 9141880PURCHASE ORDER PO Number Page City, of PURCHASE 9141880 ,oft ' `t Collins ins This number must appear ` v ` 1' on all invoices, packing sli s and labels. Date: 04/03/2014 Vendor: 116438 POUDRE VALLEY REA ATTN: DAVID PEER PO BOX 272550 FORT COLLINS CO 80527 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Kechter & Timberline Intersect per email from Matt Organ Overhead Utility Relocate. 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 1 LOT LS 9,852.05 Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute lie City of Too Collins is exempt from sum and local taxes. Our Exemption Number 6 11. NON WAIVER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Failure of the purchaser to insist upon strict perfomautt of the lentos and -conditions hereof. failure or delay an formal Revenue Dena, Colorado (Ref. Colorado Revised Surma 1973, Chapter 39-26. 114 (a). exemise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the went of a beach, the acceptance ofor payment far goads hereunder w approval ofNe design, sball amr On. the Seller of Goods Rejected. GOODS REJECTED due to failure a.1 specifications, either when shipped or due to defects of anY of thew 'an or obligations of this purchase maker and shall not be droned a waiver of any right of the damage in vomit may be teamed to you for credit and are net to be replaced except upon receipt of saner purchaser to insist upon stria if.. finance any of its rights Or remedies as. any such goods, regardless ovemaions farm the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default berewder, now shall any purposed oral modifemmin or rescission of this purchase order by the Purchaser operate as a waiver of any of the It. Inspection. GOODS art subject o the Ciry of Fon Collins inspection on arrival. betmf. Final Acceptance. Receipt of the merchandise, services or equipment in rtspom'e to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the Ciry of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognire that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase, Theretofore, for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Pureheser any and all claims it may now have or hereafter Freight Tears. Shipments must he F,O.B., City of Fon Collins, pW Woad St., Fort Collins, CO 80522, unless acquired under federal or state antitraa laws far such us'ercdow"s relating to the particular golds or services wheat specified on this order. Ifparmssion is given to prelr'a,freigM and charge sepnmtely, 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. PERFORMANCE OF SELLERSOBLIGATIONS.defective 13.PURCucer Shipment V,ftement m nuti oarers have tritium, the excentsss various pens If da a us a correct nonconforming by a date m be agreed on byParch the or defedty ad thee. demo and de dfromcountry, voice When expected from the neaosl distribution point m destination, and excess freight will h deducted from Invoice x'M1en from in ugoods a d her Purc roaPro a ser and the Sellery indicates its inability m unwillingness to comply, thePurchaser the Sella, indicates and the shipments are made from greater distance. rktor, the miss may cause the work men Performed by the most expeditious means available to it, and the Seller shall pay all may taus pay all cosy associated with such work. Prnnits. Sella shall procure at sellers it cost H necessary permits, certificates and littmes required by all applicable laws, regulations, ordiwnces and rates of the state, municipality, tertiary or political subdivision where the work is performed, or required by any other day cautioned public authority haviogjunsdiction over the work of srndor. Seller further agrtes to hold the City of Fon Collins M1anniess from and agaimt all liability and loss incurred by them by reason of an assents or establ Wed violation of any such tows, reguiadom, ordiwmes, rates marl o quirementa. Authorivtion. All parties to this contract agree that the mprwenwtives ore, in fan. bona tide and possess full and complete authority. bind said parries. LIMITATION OF TERMS. This Purchase Oada expressly limits acceptance .the terns and conditions stated herein set forty and any supplementary in additional lams and conditions annexed hereto or incorpomted herein by reference. Any additional or di Iberian lams and conditions pmpoud by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately ifyou cannot make complete shipment. arrive on your promised delivery date as noted Time is of the essence. Delivery and perfrmance most be eitec.d within he time stated on the purchase order and the documents attached hereon. No trots of the Purchasers including. without Tuition., , oco,no ce nr,.ri.i rota deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchtnu shall have, In addition to other legal and equitable remedies, the option of Placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall an, be liable Ibr damages as a result of delays due as causes an, rensombly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of GOT or. oreivil a military authorities, Environmental priorities, fires, strikes, Hood, epidemics, wars or now provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fro received knowledge therm[ In me event of any such delay, the date of delivery shall he extended for the period equal to the time wholly last by reaon of the delay. 3. WARRANTY. The Seller warrants that all goods, mires, materials and wink covered by this order will conf with applicable drawings, specifications, samples maNm other descriptions given, will be fit fro the purposes intended and ,serf eel with the highest degree of rare and counteract, in aux arLsnce with incepted standards for work of a similar nature. The Sella agrees . hold the purchaser harmless from any loss, damage Or expense which me purchaser may suffer at incur on account writhe Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser. any &hats or faults arising within one (1) Year or within such longer period of time as may be pmcribed by law or by the terms ofanY applicable wanan4' Provided by the Sella after the date of weep rnce of the goods famished he.moM (acceptance not to be immateriality delayed), resulting from imperfect or defective work alone err materials famished by me Seiler. Acceptance or use of goods by the Pmchser shall not onstitute a waiver of any claim under this warranty. Except ss otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gamenters, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES 1N LEGAL I RMS. The Purchaser may make changes to legal terms by wrtten change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rumors, other than legal terms, including udditinm to or deimiaars from the quantities originally ordered in the specifications or drawings, by verbal or written change Omer. If any such change affects the amount due or the time ofperformawe hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may .any time by written change order, lamina. this agrtement m rat any or all Portions of the Scrods, then rant shipped, subject to any equitable adjustment between the Panic as to any work or materials that in progress provided that the Purchaser shall not be fable for any claims for anticipated profits on the maxmplaea ,onion of the goods an&or work, for incidennd or casix,c min dvwga, and Nat can such adjusment be, made in fmvr of the Seller with respect . any goods which are the Sellers standard stock. No such banishment shall relive the Purchaser or the Seiler of any oftheb obligations as a any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adju ound most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regi latiom 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 ncoryorated in agreements of this chomaer we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a resell of the Sellers failure a comply with such Use. 9. ASSIGNMENT. Neither party shall assign, Incefter, in convey this order, or any mrwas due or to become due hereunder without the point written eumem of the other party. 10. TITLE. The Sella %a m full, clan and ancestritted tide to the purchaser for all reimposing. materials, and items famished in Pa.. of Nis agreement hex and clear of any and all liens, rao-imam, reseratioaas, security tomes encumbrances and claims clothiers. The Sella shall release the Purchaser and its comments of any tier from all liability end claims of any aware resulting from the crformanne of such work. This release shall apply wen in the runt of fault of negligence of the party released and shall extend to the directors, ofcas and employees of such perry. The Sidlerss continental obligations, including warranty, shall not be demand to be reduced, in any way, because such work is Performed or caused to be pert ed by the Purchaser, 14. PATENTS. NVhmava the Seller is required In use any design, device, matmal or process covered by lever, patent, va liv ark copyright the Seller shall indemnify and save harmless the Purchaser farm any end all claims for ultimate. by reason of the use of such parented design, device, material or process in connection with the contract and shall indemnify the Purchaser 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 per the completion of the work. In ease said equipment or any Pan thereof or the intended use of the goads, is in such suit held a 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 ,, continue using said equipment or pans, replace the sans with substantially equal but noninfnging equipment, or raodi fry it so it becomes naninGnnging. 15. INSOLVENCY. If the Seller shall become insolvent or badnupt make an assignment for the benefit of creditors, appoint a oceiva or trustee for any of the Sellers property err business, Nis arch may forthwith be comeled by the Purchaser without liability. 16. GOVERNING LAW. The definitions informs used or the interpretation ofthe agrecmem and the rightsofall parties hereunder shall be construed mode and g .d by the laws ofthe State of Colorado. USA. Tine following Additional Conditions apply only is cases where the Sella is to perform work hereunder, including the services of Sellers Represenwrinufd, on Ne ,ammo ofoldem. ❑. SELLERS RESPONSIBILITY. The Sella shall any on said work at Sella, own r[ck until the same is fully completed and Lion sled, and shall, in u of any accident destruction or injury to the work andlor trarmeh before Seller's fin] completion and acceptance, complete the work at Sellers own expense and to the mtisfaaion of the Purchaser. When mmeAals and equipment art perished by others for installation or erection by the Sella, the Seller shall receive, unload, score end handle same at the site and become responsible therefor as though such maenads mW/or equipment were being finished by the Seller under the maker. 18, INSURANCE. The Seller shall, or his own expense, provide for the payment cf 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 at limited to, contractual and automobile public liability insurance with family injury and death limits of w least 5300,000 for any one persaq 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, rate Seller shall furnish the Ptiandsm r with a car ifmte cast such con,mano on and insurance have been provided Such cenifcaa shall specify the date when such compensation road immure have been provided. Such ca nifirmw shall specify the dam when such compensation and assurance expires. The Seiler agrees that such compensation and insurance ghat be maintained until after the entire work is cmnplaed and attpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assurrion the entire responsibility and liability for any and all damage, loss Or injury ofany kind or nacre whatsoever to persons or property caused by or remlting Item the execution of the work provided for in this purchase order or in connection lar tit. The Seller will indemnify and hold homeless the Purchaser and any or all of the Purchasers ofcen, agea. and employers from and against any and all claims, losses, damages, charges or exposes, whether direct or indirect, and whether a persons or propavy to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the For of the Seller, any of his ontractors, or any of the Sellers or ontractors officers, agents or employees. In case any suit or other proceedings that be brought against the Punches, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their offices, agents or employees as aforesaid, the Seller hereby agrees a assume the defense thereof and an defend the same at the Sellers own expense, to pay any and all cons, charges, attorneys 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, and in rose judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or to a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Sella and his contmcmrs shall take all safn, preactions, f ish and install all guard wounwory for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limi.tion, me Occupational Safety mad Health Act of 1970 and all roles sad regulatiom issued pursuant thereto. Revised DWI)