Loading...
HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9117557PURCHASE ORDER PO Number Page City Of` 9117557 1 of z t COI lies This number must appear] on all invoices, packing slips and labels. Date: 12/21/2011 Vendor.: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RDS FORT COLLINS Colorado 80525 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/21/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I W029645 Portner Substation Invoice 3991 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 1 LOT EA 65,456.02 Total $65,456.02 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 I. COMMERCIALDGTAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-01502, Federal Excise Tax Exemption Ceni Bcate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39- 26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either whim shipped or due to defects of damage in transit, may be maimed to you for credit and are not to be replaced except upon receipt of written instructions from the City of ran Collins. Inspection. GOODS are subject to the City of Fort Collins ire p eflon on arrival. I I. NONWAIVER. Failure ofthe Purchaser to insist upon strict perfomance ofthe terms and conditions hereof, frihae or delay to exercise any rights or remedies provided herein as by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purehaec order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hcrcof or 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 and modification or rescission of This purchase order by the Purchaser rpemte as a waiver of any of the terms hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS. authorized payment on the pan of the City of Fort Collins Harmer, it is to be onderstned that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for and cause and rs consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 50522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission 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 he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearcm distribution point to destination. and excess freight will be deducted front Invoice when Purchaser and the Seller, 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 expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole east all necessary permits, certificates and licenses required by all applicable laws. regulation,,, ordinances and talcs of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authont)• having junsdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins hamlcm 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 requirement , Authoriution. All panics to this contract agree that the representatives arc, in fact, bona fide and posses, full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyot cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents watched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser 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 not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fan It of negligence, such acts of God, acts of civil or military authorities. governmental priorities Fares, strikes Bead, epidemics wars or riots provided that nice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first 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 lost by reason of the 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 performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur oa account of the Sellers breach of warranty. The Seller shall replace, repair or mnkc good. without cast 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 terms array applicable wamnty presided by the Seller after the date of acceptance of the goods fnmishc l 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 claim under this warranty. Except as otherwise provided in this purchase rude,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics or guarantees, but such liability shall in no event include Ins s of profits or loss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally metered in the specifications or drawings, by verbal or written change oMe,. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pteis 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! steak. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller vamnts that 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 are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations acquired to be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless, from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become doc hereunder without the prior wrinen consent of the other parry. 10. TITLE. The Set let vamnts full, clear and u mxhicled title to the Purchaser for all equipment, materials, and items Famished in performance of this agreement, free and clear of any and all liens, resmnctions, reservations, security interest encumbrances and claims ofnthers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oReers and employees ofsuch party. The Scllcr, contractual obligations, including wmormity. shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scller is required to use any design, device. material or pmcas covered by ICRcr, patent, trademark m copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement he reason of the use of such patented design, device, material at pmcess in connection with the contract, and shall indemnify the Purchaser for any cast, expense ar damage which it may be obliged to pay by reason of such infringement at any time during the pmsceution or after the completion of the work. In case said equipment, ar any part therenf or the intended use ofthe goods is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the more with substantially equal but nnninfringing equipment or modify it so it becomes naninfringing. 15. INSOLVENCY, If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Seller, property ar business, this order may forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions oftemu used or the interpretation ofthe agreement and the rights ofill panics hereunder shall be construed under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in eases where the Scller is to perform work hereunder, including the services of Sellers Representative('), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcrs 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 at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle came at the site and bmomc responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his man expense, provide far the payment of workers compensation, including occupmional disease benefrls. 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 not limited to. contractual and automobile public liability insurance with bodily injury and dcath limits ofm least 5300l0,1 for any one person, S500.tp0 for say one accident and Property damage limit per accident of S400d700. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premixes ofnthers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenifcaws shall specify the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assumes the entire responsibility and liability for any and all damage, loss or injury array kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pumhawas affects, agents and emplovecs from and against any end all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may he put or subject by reason of any act. action, neglect, omission or default on the pan of the Scller, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, 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 army of its or their affects, agents tar employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers man expense, to pay any and all costs. charges, am rmys 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 case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in at as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othcnsise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ill riles and regulations issued Pursuant thereto. Revised 03/2010