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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9120310PURCHASE ORDER PO Number Page City Of///��� 9120310 t °f 2 Flirt Collins This number must appear ' ` on all invoices, packing slips and labels. Date: 01/20/2012 Vendor: 102624 Ship To: TRAFFIC OPERATIONS PLATTE RIVER POWER AUTHORITY CITY OF FORT COLLINS TIMBERLINE & HORSETOOTH RIDS 626 LINDEN STREET FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80524 Delivery Date: 01/19/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Oct - Dec Locating Fiber 1 LOT LS 4,005.17 Total $4,005.17 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VE,R. 9841502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure ofthe Purchaser to insist upon strict erforna ec ofthe terms and conditions hereof, failure or del., In Internal Revenue. Denver, Colorado (Ref. Colorado Revised Stamtes 1973. Chapter 39-26, 114 (a). exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the went of n breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mcct specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be retuned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies a., to any such goods, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder nor shall row pawned not modification or rescission of this purchase oiler by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on mrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fan Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual econnmic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may nmv hive or hereafter Freight Temn. Shipments must be F.O.B., City of Too Collins, 700 ".oil St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relining to the particular goods or services otherwise specified on this aide, If permission is given to prepay freight and charge separately, the original (might purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be 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 career nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution paint to destitution, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ore made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs nsociated with such work. Permits. Seller shall procure at sellers sole cost all accessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. Seller further agrees to hold the City of Tom Collins harmless fmm and against all liability and Ions incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stored hocin set forth and any supplementary or additional forms and conditions annexed hereto or incorporated herein by reference. Any additional or diff not terms and conditions pmpased by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your premised delivery date as noted. Time is of the essence. Dclirm and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acfs of the Purchasers including, without limitation, acceptance ufpmtial late deliveries, shall operate as a waiver of this prevision. In the event crane delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics the option ofpineing 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 am beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or riots pmvided that notice 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 ofthe 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hzmdcss form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cut, 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 svmmnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or detective work done or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall not constitute a waiver of any claim under this wamenty. Except as otherwise provided in this purchase order, the Scllcr, liability hereunder shall extead to all damages proximately caused by he breach crony of the foregoing warranties or guarantees, but such liability shall in no c cm include Ions, 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 arms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfa mane hereunder, as equitable aiju tracto shall be made. fi. TERMINATIONS. The Purchaser may at any time b7 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 Ihen in pmg+em pmvided that the Purchaser shall not be liable for any claims for anticipated profits 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 arc the Sellers standard stock. No such termination shall mlievc the Purchaser or the Seller of any ofthcir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assorted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrant, that all gads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lams and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lave. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other pan. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement. five and clear of any and all liens, restrictions, rescnations, security interest encumbrances end claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the peforaance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such patty. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because .such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or process covered by letter. patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented 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 ofsuch infringement at any time during the prosecution or a0cr the completion of the work. In ease said equipment, or any pan thereof or the intended use of the gads. is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainrringing equipment. or modify it so it becomes noninfrfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions offerors used or the interpretation offl a agreement and the rights ofall panics hereunder shall be construed under and governed by'the Innis ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to rerfoma work hereunder, including the scrviccs of Sellers Representative(.,), on the premises of othcrs. 17, SELLERS RESPONSIBILITY. The Seller shall entry on said work at Seller's own risk until the some is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's no expense and to the satisfaction of the Purchaser. When materials and equipment arc firmished by others for installation or erection by the Seller, the Seller shall receive, unload. gam aad handle same at the site and become responsible therefor as though such materials and/or equipment wxrc being furnished by the Seller under the order, 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, 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 law:, 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 in omnce with bodily injury and death limits of at Icaat S300.010 for any one person, s5on.wo for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellcrs or his contractors employees shall do any .work upon the premises ofmhers, the Seller shall furnish 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 ocnilicams shall specify the date when such compensation and insurance expires The Seller agrees that such eompcncnion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect. and whether to poems or pmperty to which the Purchaser may be put or subject by reason of any net, ndion, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllers or contmetors officers, agents or employees. in case any suit or other proceedings shall be brought against the Pamhaser. Or its officers, agents or employees many time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers ones expense, to pay any and all costs, charges, attomeys 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 ease judgment or other lien be placed upon or obinined against the property of the Purchaser. or said panics in Or as a result of sneh suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install oll 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 all rules and regulations issued pursuant thcrcin. Revised 0312010