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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9120328 (2)City OfPURCHASE ORDER PO Number IPage 9120328 1t of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 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: 01/21/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 Energy Purchases 1 LOT LS 73,410,587.0 2 2011 Carry Over Energy Purchases 1 LOT LS 192,690.00 3 2012 Renewable Premiums 1 LOT LS 1,824,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Invoice Address: OR City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statules 1973, Chapter 39 26. 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be retuned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hemorer any of it rights or remedies as many such goods, regardless of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported on] mortification or scission of this purchase order by the Purchaser operate as a waiver ofany of the terms 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 on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhamr any and all claims it may now, have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fen Collins. 700 Wood St., Too Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges refuting to the particular goods or services ethic, isc specified oa 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 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 correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Scllcr, and the Seller therea0cr indicates its inability or unwillingness to comply, the Purchaser shipments are made mum greater distance. may cause the work to be perform by the most cspeditious means available to it, and the Seller .shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and mlcs of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly continued public authority hawing jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless From and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authmrimtion. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are oblected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance affirmed late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplarin, this order cbcwhcm and holding the Seller liable for damages. Hawes'cr, the Seller shall not be liable for damages ax a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable external and without its fault ofnegligence, such acts of God, acts ofrivil or military authorities, governmental priorities. Gres, strikes flood, epidemics, was. or riots provided 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 Seiler warrants that all good, articles. materials and work wvcrcd 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 aware. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good. wither cos[ to the purchaser, any Acfccl or faults arising within one (I) year or within such longer period of time as may be pmscribed by law or by the terms of any applicable warranty provided by the Seller fiber the date of acceptance of the goods famished hereunder (acceptance not to be unrcamnably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of goads by the Purchaxer shall not constitute a waive fany claim under this wnm nty. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing sermonic, or guarantees, but such liability shall in no cent include Ines ofpnefits at 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 hems, other than legal terns, including additions to or deletions fmm the qumrtitiee originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder. an cgnitnble adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order. Icrminate this agreement as to any or all portions of the goods then not shipped subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated perfts 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 Fonds which arc the Scllcrs standard stuck. No such termination shall relieve the Purchaser or the Seller of any 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 ,etmination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants 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 arc 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 incorporated in agreements of this character arc 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 Scllcrs failure to comply with such law. 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 of the other party. 10. TITLE. The Seller warrants full, clear and unicstrictcd title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, a fecrsand employees ofsuch perry, The Sellers contractual obligations, including warranty, shall not he deemed to he reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wheneverthe Seller is required to use any design, device, material or processcovered by letter, patent, trademark or copyright, the Scllcr shall indemnify and mvc harmless the Purchaser Foam any and all claims for infringement by reason of lac use of such patented design, device. material or pmcess in connection with the contract. and shall indemnify the Purchaser for any cost, cxpense or damage which it may be obliged to pay by reason ofsuch infringanant at any time during the prosecution or rafter the completion of the work. In ease said equipment, or any par, thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or prat is enjoined, the Seiler 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 noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwilh he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions uftemu used or the interpretation ofthc agreement and the rights of all panics hereunder shall be construed under and governed by the Imes fthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Represenlmive(s). on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's 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 Sclices final completion and acceptance, complete the work at Scller.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 same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller undo the order, IR. INSURANCE. The Seller shall, at his own cxpense, provide fur the payment of workers compensation, including occupational discnm hcncfit,. 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 tu he done The Seller shall also tarty comprehensive general liability including, but not limited to. contractual and automobile public liability Ins morce with bodily injury and death limits afar least S300.000 for any one person. S500,000 for any one accident and preperty damage limit per accident of $460,000. The Seiler shall likewise require his contractors, if nny, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, 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 certificates 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 Seiler herchy assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or propery caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hems, i,h. The Seiler will indemnify and hold hamlets The Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser rose he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall he brought against the Purchaser, or its oRcen. agents or employees at any time on account or by reason Many act, action, neglect omission or default of the Seiler of any of his contractors or any of its or ,heir officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the some at the Sellers own cxpense, to pay any and all costs, charges. ahhomeys 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 pmeccdings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seiler will at once cause the smote to he dissolved and discharged by giving bond or otherwise. The Seller and his comncmrs shall take all safety prccaulions, furnish and install all guards nttcssory for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and I calth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010