HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 3168City of Fort Collins
Date: 01/14/03
Annual
Purchase Order Number: 3168
ueiivery uate: v rr 14luo Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 tot Fusion Splicing for ATMS Proj.
FOR CITY OF FORT COLLINS TRAFFIC DEPARTMENT
Total
This order Is d¢bbalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580
Phone: 970-221-6776 Fax: 970.221.6707 Email: info@ci.fortcolllns.w.us
20,000.00
20,000.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
L COMMERCIAL DETAILS.
Invoice Address. To ensure prompt Payment mail invoices in duplicate w:
City of Fort Collins Accounting Division
P.O. B. 580
Font Collins, CO 80522
Tax momptiotu. By statute the City of Fort Collins is mans t from state and lanai raves. Our Exemption Number
is 98-045N. Federal Feria Tax Exemption Certificate of Registry 80.6000587 is vegetated with the Collector of
Internal Revere, Denver, Colorado Ref. Colorado Revised Saatms 1993, Chapter 39-26, 114 (a).
Goods Rgac d. GOODS REJECfBD den to failure to meet epetificaman, either when shipped or den to defats
of damage in tramit may be returned to You for credit and. rim to W replaced moor upon raals Of written
instructions from the City of Pat Collins.
Inspection. GOODS arc mbje-t to the City of Fort Collins impation on arrival.
Final Acceptance. Receipt other machmdiss, service or equipment in respeame, to this odes can result in authdad
payments an the Isar of the Ctity of Fort Collin. However, it is in be understood thm FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection Procedure.
Freight Tema. Shipments mat be FOB., City of Fort Collins, 700 Wood St, Fort Collim, CO 805M, unless
otherwise specified on this order. Ifpmnition is given to pepay freight and charge separately, the dgiml freight
bill man aaompmy invoice. Additional charges for packing will ma be accepted
Shipment Dinmm. When manufecarr. have distributing points in various pars of the country, shipment is
satiated Basin the neat distribution point in destination, and cause freight will be deducted from Invoice when
shipments ere ends, from grcaa & an-,
Pamir. Sella ebull procure a sellers ..Is cost ell noway penis, cmifimtes and license required by all
applicable lays, regilaiom, Ordinances and elm othe sate, musicipdity, territory, Or political subdivision whose
the work is performed or required by my other duly cautioned public authority havingjurisdiction ova the work
of vmdm. Sella further agrees w hold the City of FM Collins harmless from and against all liability and Imo
mounted by them by reason of an asserted a established violation of my such laws, regulations, ordinances, elms
and requirements.
Autho mtion. All panes w this conrat agree then the representatives are, in fact, bona fide and pomwa full and
compete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions ahead
heron as for da and my supplanmtary a additional teens and conditions armored harm a incorpor&d herein by
reference. Any additiasl or different tams and condfinm proponed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASINGAGENT immediaely ifyou canna make complete shipment in arrive on your
promised delivery dare a owed Time is of the wamce. Delivery and peso ream a met be effaced within the time
smsd on the purchase order and the documents arched hereto No ens of the Purchas. including, without
liamence, acceptance ofpmtW lone ddiveria, shall operate as awaiver ofthis provision. In the event of my delay,
the pu chat shall have, in addition w other legal and comedic mmedies, the option a placing this order duwhere
ad holding the Sella liable for damages. However, the Sella shall non be liable f damages as a result of delays
due in cases me reasonably foreseeable which art beyond is reasonable control and without its fault ofmmgligmce,
such ens of God ens ofiiv i or military suthorltiw, govemmenal Ixiafie, firm, strikes, flood, epidemics, wars
or rims provided that notce of the conditions casing such delay is given to the Pnrchaer within five (5) days Of the
time whon the Sella fiat received knowledge thereof In the went of my such delay, the doe of delivery shall be
extended TO, the paid egad to the time most loss by reason of the delay.
3. WARRANTY.
The Sailor warrants that all gnaws, article, materials ad work covered by this order will conform with applicable
drawls®, specificatime, Missiles ands Aber descriptions giver, will be fit for the putpaw wooded, and perfommN
with the highest doges, of cans and cmegreavce in accordance with mcePred sanderia for work of a similar mime.
no Sella agrees in hold the purchases hamlw from my Ions, damage or saMae which the Purchaser may suffer
in incur on accent of the Sellm breach of warranty. The Sella shall replan, repair or make goad, without cost to
the purehaw, my defews or faults aiaing within one (1) year or within such longer period of time so may be
prescribed by law Or by the tom of my ymplimble warranty provided by the Sella after the dare of acep== of
the goods famished hereunder (acceptance not in be Memorably delayed), resulting from imperfect in defective
work done ormaerids furnished by the Sella. Acceptance Or me ofgoda by the Purchaser shall not commerce a
walm of anY claim under d s warenty. Bacept an otherwise provided in this purchase order, the Sellers liability
hereundershall attend w all danaga consonancy causal by the breach of my of the foregoing warranties or
guarantees, bar such liability shall in an event include Iw ofprofin a lot of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes in legal toms by written change order.
5. CHANGES IN COMMERCIAL TERMS,
The Parchasa may make my change to the more, other than legal more, including additions to or deletions from
the quantities originally ordered in the spaificetions or drawings, by visited or writtm cbange order. If my such
change affects thc anmuvt due or the fine of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Pachaa may a my time by written change order, [mounts this agreement as to my or all Pa = of the
goods then not shipped subjw to my scalable adjustment bemem fie parties as w my work a mtaiels then in
prcgrea provided the the Purchases shall non be liable for any claims for anticipated profits on the Orcomplad
portion ofe goods =&in work, for incidental a damages, and that no such adjustment be made in
favor of den Sella with repaint to my gods which are the Sellers standard stock. No such termination shall relieve
the Purchaa a the Sella of any of their obligmias as to my goods delivered haeunda.
]. CLAIMS FOR ADJUSTMENT.
Any claim for edjwoman mor be watal within thirty(10) days from the dam the change or termination is aderd.
8. COMPLIANCE WITH LAW.
The Sella wean flat Oil gods sold haeuda shall have ban produced, sold delivered and famished in strict
compliance with all applicable laws and regulations in which the gods ae subject The Sella shall exams and
deliver such documents; as may be required to effect or evidence coma liance. All laws and regulations required to
be incorporated in a®comes of this character am hereby incorporated hercm by this reference. The Sella agrm
to indemnify and hold the Pmhaa hmmlas from Oil am and damages suffad by the Purchaser as a result of
the Sell. failure in comply with such low.
9. ASSIGNMENT
Neither patty shall aaign, transfer, a cmvry this order, in my monies due m to become due hereruder without the
prior written consent of the other pay.
10. TITLE.
The Sella warrens full, clw and unrestricted title athe Pachaserfortill equipment materials, snditem famished
in performance of this alm anent free and clear of my and all lime, restrictions, resections, security interest
encumbmncw and claims of ache.
11, NONWAIVER.
Failure of the Purchaser, to insist upon strict pafareance of the toms and condition haenf, failure or delay to
exercise my rights or munches Provided heron or by law, failure W promptly notity the Seller in the event of a
breach, the acceptance of m payment for goods hereunda a approval of the deign, "I non releau the Sella of
my of the wamnfia or obligations of this purchase order and shall not be paned a waiver of MY right of the
purchaser to insist upon stria performance hereof or my of its rights a remedim a to anY such goods, regardless
of when shipped, renewal or accepted, as to my prior m subsequent default harundev, non shall ew purptow Oral
rrodifim mon or mariwim of this purchase Order by the Parchaa operate as a waives of any of the farm hermf.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from amuust violations
are in fact home by the Purchase. There ofae, fen good vine ads maideretion fm maturing this prepare order,
the Sella hereby assigns w the Pmshaa my and all claim it may now have a hereafter squired under federal a
state sommat laws for such Overchargs, missing in the particular goods or services purchased or enquired by the
Puchaer pummen in this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchase, dmam the Sella m correct nonconforming or defative goods by a date no be agreed upon by the
Purchase and the Sella, and the Sella thereafter indicates is inability no unwillingness w camgtly, the Pumhasa
may, came the work to be perfomtd by the own expeditious memo available to it and the Sella ebell pay all ems
associated with mein work.
The Sella shall release the Purchaser and its contractors of my aria from all liability and claims of my nacre
resulting from the performance of such work.
This release shell apply even in the went of fault ofegfigence of the Perry mleamod and shall extend in the dunces ,
oKcm and employees of such parry.
The is
or cobligations, including warranty,nchanonbeleanedwbereduced, in any way,baanse aucM1
work ie performed or tamed to be performed by the Puchae.
14, PATENTS.
Whenever the Sella is required to save my design, device, material or process covered by letter, patatt tradrnrak
or copyright, the Sella shall indemnify and save hamdw the Pmhaa from my and all claims for infringement
by reason of the one of such patortd design, device, material or process in comecdon with are contact, and shell
indemnify the Pumbesa for my mat expense or damage which it may be obliged to pay by neon of such
infringement a my data during the paecution or after are compladon of the work. In cat saidequipmmt, a my
pat thereof or the intended use of date goods, is in such suit held to constian infringement and the we of said
equipment or pm is enjoined the Sella shall, a its own expense and a its optim, either Procure for the Purchaa
the right in continue wing said equipment or pan, replan the sane with substantially ryuil but non -infringing
equipment or modify it so it becomes non-inMnging.
15. INSOLVENCY.
If the Sella shall become imdvmt or banlaup, make an assignment for the benefit of creditors, appoint a renews
m mute, for my of the Sellers property a business, this ada may forthwith be canceled by the Purchaser widam
liability.
16, GOVERNING LAW.
The definitions of teem and or the inter min ine of the agremmnt and the rights of all parties hereunder shall be
,..oil under and governed by the laws Of the Stare of Colorado, USA.
The following Additional Conditions apply only in caw where the Sella is in perform work hereunder, including
the services of Sellers Reprmentaive(s), m the premise of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry M said work on Sellers own rink mall the more is fully completed and naeptd, and shill, in
cam of my accident datmction or injury to the work and/or materials before Sellers final mmplan. and
acceptance, complete the .it 9 Sellers own expense and to the satisfaction of the Purchases. When mataiaa and
equipment am Tumbled by ashm for imtallatw Or elation by the Sella, the Sella shell receive, asked, ate and
handle sane at the site and become responsible therefor a though such materials coda equipment wom being
famished by the Sella Order the order.
18. INSURANCE_
The Sella shall, a his own sapase. Provide for the Payment of wdcm mnmpensetion, including occupational
discuss benefits, w its mTk,,. employed an a in wm edon with the work mverd by this Purchase order, a.N.
to their dependents in accordance with the laws of the tare in which the work is to be date. The Sella shall elm
carry comprehensive gmanl liability including, but not limited to, command and mtomobile public liability
nnsuMna with tidily injury and death limes of a lean 13MIM far my one paaan, 5300,00o for MY me asides
and property damage limit Pa accident of $400," The Sella shall likewise raw. his carmancn, if my, a
provide for each conpma lion and insurann. Before my of the Sell. or his contratoa employes Null do my
work uptm den premises of alma, the Sella shall famish the Purchaser with a oatificae the such cor Possima and
insurance have them Provided Such certificates shall specify the data when such compensation and inswmm have
lam provided, Such certificates shall specify the date when such compatmion and insurance expires. The Sella
agree that such compensation and insurance shall be maintained until after the entire work is completed and
nceepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
no Sella hereby wumes the Mike mpomibility and liability for my and all damage, lot a injury ofmy kind
a name wbasoeva to persons a property causal by a rmsutng from the execution of the work provided f in
this purchase Order or in connection herewith. The Sella will indemnify and hold hermlw the Purchases and my
"I of the Purchasers officers, ages and employes from and against may and all thence, Iota, damages, charges
or expense, whether direct or indimst and whether to p.ons or property w which the Purchaser may, be put m
subject by meson of my on, sotion, neglect, ociwim or defni t on the Pat of the Salle, my office coon sctos, a
my of the Sellers in caromm, oficm, ages ormrploy«a. Incase my apt a other proceedings shall be brought
against the Pomo ace, or its office, was or employes a my time an account a by remm of my sot actin,
neglect animion a default ofer Seller of my of his cmm m a my of is a their offrers,agents or employers
as aforesaid the Sella hereby agrees to warms, the defense thrrwf and in defend the mane a the Salle men
expense, to pay my and all cons, charge, moneys fees and mina expases, any and all judgments that May be
iocund by or obtained against the Puraeser or my of its or their officvra, agents or employees in such mire or other
proceedings, and in we judgment or atha lien be placed upon or obtained In =the Property of the Purchases,
or said Panes in a as a ram a such mice a other po malm a, the Sella will a muse came the sanm to be
dissolved Mud di Buse d by giving bondor Mmvise. The Seller and his contmsos "I Ware all solely pro mtiwu,
(wish and install all goads noway for the Minamen of accidents, comply with all laws and regulations with
egad to safety including, but without liummim, the Occupatimul Safety and Health Aar of 1970 and all rules and
regulations issued pursuant therao.
Revisal I IN