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Home My WebLink About102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9111719PURCHASE ORDER PO Number Page City Of///�� J 9111719 1 of s `t Collins ollin + This number must appear on all invoices, packing slips and labels. Date: 03/29/2011 Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RDS FORT COLLINS Colorado 80525 Ship To: ELECTRIC UTILITIES CIT�OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/29/2011 Buyer: OPAL DICK Note: / Line Description / Quantity UOM Unit Price Extended Ordered Price Timberline Substation / 1 LOT EA 350,774.37 WO 32913 (Invoice #3813) 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 $350,774.37 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrens and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax excrommers, Ilystamm the City ofFort Coll ins is cxcmpfrom suoand local taxi. Our Exempion Number is 98-414502, Federal Excise Tax Exemption Certificate of Registry 94-601105R7 is Tagil with the Collector of Internal Revdne, Deliver. Colorado RTC Colorado Raised Somas 1473, Ctmor laid, 114 (a). Goods Rejected, GOODS REJECTED dew to failing to teed specifications. either when shipped or due in defects of damage in transit, may Ed rammed to you be credit and arc not to be replaced except upon mccip, of %mien Tenacious farm, he Cary of ran Collins Imavelime GOODS arc subject to,hc City of Fan Collins inspction on amoral 11, NONWAI V ER. Failure of the Purchaser ut insist urn, aria pd6ounim, of tM1c rams and conditions hereof. failnre or delay to any rights or rnn¢dies pioule+l Ill or by law, faillum Ia rrn:nptly notify the Sell, in me clear of n branch, Th, acceptance of or payment for,00l hereunder or approval of The design, shall not telcom the Sella of any of the wntrantics or obligations of this purchase wrdd and shall non be dammed a uxvid of any right of the parchawr to insist upon s aperfomoncc Lamm(orany ofits rights m remedies as to any such good, regardless of what shipped, Tell ro record. as Ia any grin wthwo, rep defndt hereunder, set shall any pnpancd hpal modification rescrsmon of this purchase ordd by The Purchaser operate as a wane many of the terms ereof. Final Acceptance Reamipl of the merchandise, u r equipment in rcxoonse to Ihis order canres,ll in 12, ASSIGNMENT OF ANTITRUST CLAIMS. announced payment on the part of the City of Foe Collins, Hmsever. it is to be understood thntFINAL Seller and the Purchaser recognize that in ideal drm is practice, n charg a resulting from antitmnt ACCEPTANCE is coastalupon completion ofell alfilienble required inspection mannerliness. violations arc in fact hamm s by the Purchase, Thdownfofar good cause and as consideration for coodding this muchase am,, IM1c Seller hammy ass into To the Purchaser any and all claims it may move have or hereafter Freight Termer Shipments To oat be F 0,H. City of Fon Collins. 100 Wood! St. Fon Collins. CO 90522. unless acquired under federal or state smiler.. Incas far such o rehsr,es claim, to the particular goods or wixacs natonal. specified a, this arder. lfpermissom is given to prepay freight and charge separately, the original freight purchawd m acquired by the Purchaser plarsuannn this pal nNer. bill must accompany invoice. Additional charges fro packing will not be, accepted. Id. PURCHASERS PERFOR MA NC OFSELLERS OBLIGATIONS. Shipment Distance. Where manuGcetrem have distributing points in various pans of the Tommy. shipment is If the Purchaser directs the Seilermnondarroming or defd,ive goods he a date to be agreed upon by the expected fmm the ncarm distribution point Ili destiwtmer. and excess freight rill be 6obcted fears Invoice when Purchaser and be Sense and be Seller merea0er indicates its Inability or tmwdligards to comply. the Purchaser shipments are made from greater distance. may cause the verb to he aerfmnud by the most cxpeditioua Tucans availaMc m L and the Seller shall any all teas nssacmmd w.Ill such work. Permits. Seller shall pressure as sellers sole crel all necessary, pemmits, certificates and licenses required by all applicable laws, mpilations, ordinances and col¢ of Ibe stain, municipalit, territory or Political wbdiimsio t where TM1e work is P,fomrcd, or required by any other duly constituted public suddenly having jurisdiction oar the work of v,mine Seller Ember agroos to held the City of Too Collins Imrndess Tom and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, odes and regoicmcrns. Aumodxalinn. All Ponies In aria mmmd agree milt the representatives a¢ in era, boon file read pas en eta and onrpletc amhenty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcmw and conditions sound herein sot forth and any sopplemcatxry, or additional terms and conditions annexed herein or incorporate! herein by reference. Any additional or different most conditions proposed by sellerare objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inm¢dwely if yin count Turks complete .slumlord to arrive on ynnr promised delivery dote as noted. Time is of IM1c aasnce, Delivery still performance must be effected within the time Toted on the prrcham order and the commonly reached hemp. No acts of the Purchasca including. without limitation, acceptance of partial late ddvdics, shall operate as a waiver of this prevision. In the event wf any delay. The Pnrchaar shall have in addition to other lddl and agnioblc remedial, the wplior of pluding this oiler elsewhere and holding be Scllcr liable far damages. However, the Scllcr shall no be liable for damages as a result of delays due to causes nod mr onably foreseeable which am beyond its mora le control and without its fault of negligmail such acts ol'God, ads ofeivil ar military aalhrri,id, ginerressamal mi Face strikes. David, iredemie,•verso rites provided Th." nmlce of the conditions causing such decry is given to the Parelroser within five (5) days of The time when the Seller first received knowledge thereof, In the come of any such delay, the date or delivery shall be extended far the period equal or TM1e dime ¢orally Ira, by rcasmr of the delay. I. WARRANTY. The Seller ramra s that all gd, articles all and and, c rilw l by this wal ill roare., win applicable da••ingn, specifications. s,mples and/or other dowelgiven, will be fit for the purnews inteMed. and Fd6rmcA with the highest degree of care and competence in accordance with adopted .aandards for work of a similar nature. The Seiler agrees to hold the purehamr homdms fmm nay ran, damage or aapense which the purchaser may sudTtt or incur on account wide Sellers breach afternoon, The Seller shall replace, repair or make good, without coot to the purchaser, any deficits or faults arising within one (1) year or within such larger period of ,are as am, his prescribed by IT, or by be tortes army applicable warmnty provided by the Seger after the date of acceptance of the goods Laughed hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work time or Tragedy f rrishol by the Seller. Acceptance or lase of goods by the purchaser shall not Tmotlmte a waiver wfary claim under this womrnq. Except as otbctl provided in this purchase order, the Sellers liability herennd, shill extend To all damages prammaely staged by the breach ofiny of the foregoing wain elm, or guvamces, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED 1VARRANTt' OR MERCHARTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANCES IN LFGAL TERMS, The Purchaser may make changes to legal Teens by women change order. 5. CHANCES IN COMMERCIAL TERMS. The Prichoad may make any changes to The terms, other than legal term%, including additions to or deletions firearm the 9uamiues originally ordemd in the specifications or drawings. by verbal or wrinen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adowdem shall he made. fi. TERMINATIONS, The Football may at any time by urine, change order. Terminate this agreement as in any or all portions of the goads Then not shipped, subject to any can rally, edlmtmes, between the purtics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfit%on the uncompleted pinion of the goads and/or work, for moldered or consequential damal and that no xneb auhro m in he made in favor of the STIhn wills rexpect To any goads which arc the Sellers standard stock. No such remminatien shall TO cyc the Pumhascr or The Seller of any of their obligations as to any gods del is ored beramdd. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assmcd within thirty (30) days Item the dale the change or Immiaauml is ordered. R. COMPLIANCE WITH LAW, The Sell warrant ,bar ell gall sold Tendered shall have been Produced. sold, dclivdM and fnmishcd in strict uremn , with all notlleabls laws and reyadmions to which the grads are subject The Seller shall mecnTe and deliver such dodurral as maybe required to effect or evidence commlinnce. All laws and regulations required to big inempaa,ed in agreements of this character are hereby incorporated herein by this refeaoc. The Sell, agrees to Indemnify and hold the Pr¢nawr hamHen from all costs and damages suffered by the Purchaser as a ms, 1, of fl e Sellers failing to der mly with %sell law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order, or any monies doe or in bccomc die hdeunder without the plot written comer afthe other party. 10. TITLE. The Seller warants full, clear and carte reed title In the Purchnscrforall equipncnt, noterials, and items ftnnisbcd in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and daims of others, The Seiler shall rclaw the Purolator and its contractors of any tier Seem all liability and claims of any nature resulting fmm the perfnmtand ofsuch wart. Phis release shall early even in the event of fault of negligence of the only released and shall extend to the dimnars. olDmrs and employees of such perry. The Sellers courraanal obligations, Including vvaarrinty. shall not he deemed to be reduced. in any way, because such work is Pdfoammd or .used ua bra rcrfcm W by the Purchaser. Id. PATENTS. Whenever The Seller is required in use any design, device, matdial or prowl covered by letter, patent. todnnark or deRUighe the Seller shall indemnify and save harmless the Nocho ser fmm any and all claims for infringement by reason of The use of such patented design, device, ma„ial or pads coin, m.,I, he mnlraa, and shall ndenmlty Th, PnrelTaso for any ease, ex,ame ordn:nal,fill o may be obllgcd m pay by case, of soil, in rringemem to any Time during The pm elution or and the crngletmn of the work, In case an id equipment, any ran thereof or the intended use of the goods. is in such suit had to constitute ieforgennom and the use of said equipment at pan is enjoined. the Seller shall. at its man dferse and al its option, caner proem, fat The orrehna r elm right m social into, slid equipment or pans, replace the same mite sv doctrinally equal bra noninfroging equipment, or modify it m it h rnal noninfringing. 15. INSOLVENCY. If the Stellar shall Tommy insolvent or bankmpT. make an assignment for the benefit of dollars. appoint a saceivr or tmcce for any of the Sellers property or husincse m this order ay plantains he gra led by be Purthecr without liability. 16, OOVE;RNI NO LA VC The defnisoo of terms arse! or the interpretation of the agreement and the rights of all panics hdguarke shall be condcocd under and go, tied by he In,,, of the Stale of Colorado, USA. The elmwmg Additional Conditions apply only in ,so, ,chile he Seller is Ta udders,walk , ad etm heder. including the agree, rf Sellers Repewntalivdd, an the promis s of obeys. 17, SELLERS RESPONSTI LITY. The Seller shall carry on said work at Seller's own risk until the surge is fully completed and accepted, and shall, in caw of any accident, destruction or injury to The work aid/or materials before Sellers final mmplelion and accermind. complete the work at Seller's own expense and to the satisfaction of the Pnrchaar, When materials and equipment ore furnished by othca for instillation or erection by the Seller, the Seller shall receive unload, store and handle same at the site and barons respnmible therefor as tough such materials and/ar equipment were being rnmisbed by the Seller under the at I,. INSURANCE. The Seller shall, al his earn expense, provide fur he paym,d of workers compensation, including ramupalional disease herefil , to its employees employed on or in connection wiTh the it ark doomed by this pnrcnam nNe% andM1rt to their depcnden s in accordance milk the law of the state in which the work is to be done. The Scllcr shall also carry comprehensive general Habit try including, but not limited to mntracmal and automobile public liability irammnce with bodily injury and death limits of a, leas, 530g,0110 for any one Mann S500.000 for any session, and property damage limn pre a liden, of S40yfla . The Seller shall bkovise require his ommctars, 1f any, to provide for sigh c mpcmation and resonance. Before any of the Senors or Lis contractors employees, shall do any work upon the premius of others. The Seller shall finish The somehow, with a Toni firsue that .such commensairn and insorenee dog barn provided. Such cmificams shall srarity the date when such nmpensation and insurance have been provided. Such certificates dull specify The date wM1en such cmalfeasance and 11coxne, expires, The Sa dr agrees that F¢b commucation slid Innnrance shall he maintained dmol alto the enure wed b connoted and secret. 19, PROTF,CI'ION AGAINST ACCIDENTS AND DAMAGES. The Sellerh,cby asetme% the entire respondildy and lushly fur any and all diameter. lasserr injury i any kind IT wh torescr oo incomes or promerry caused by or sulting prom the execution of the work provided for in this purchase nedder in connected haocilh. The Seller will indemnifyand hold har lees the onalla wand any r all of the Podmms officers. agents and employees fiver, aid against :my and all claims, blases. damages, charges or expenses, whether direct or indirect. and wheher to persons or property to which the Porches, may be put or subject by m of any ass action, neglect, ourrission or deGult on the pan of the Seller, any of his any of the Sellers n armader, once agents o mployees. In c any sat, o other monrsy r r e m r c ash r proverbially shall bebmwon, neatest the Purchaser. or,or is of the agents of any n ofhiscntsay time or awaits or byreasonof any act. rdompneglect, mrissinn adefaultrfthe Seller of anyes his contractors any of its or their dTheemi agentsoremployees as croc toil, the Stier hereby agrees es assume the es and other- and m anydefend an it maim, , me Sellers own cxpen c, to pay any and all lasts a I'mc, sermpa fees itsA rimer rood a anyandall pluecml in such Ir othedtrya ohts.an in case aledgmentr or any of its or their offil abeam or age eltheT in sock tens or s ran, r orlaid pa and in case judgment or rarer rim be placed roan or obtained willint nce come the the same he dissolved and silt boner office, mho pmcmlinnd IM1c Seller will it onceikeimasame aremtions,reload and ii bld trygivingbondximhcnvich The Seller of his mmractoshall ith a all safely dragelianc N with and inal s all guards i mry fur the lIT ineal aantion he accidents, complySfe •vaM1 all laws and rc 70 duns aim mnd r m safety indudTr_suabut hereto limitation, the oeememional Safety and realm Ad of cam oral all lama one regulations inred oltrTltnm memo. Revised e3/2010