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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9121097City of � ,,�t Collins Date: 02/22/2012 PURCHASE ORDER Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RIDS FORT COLLINS Colorado 80525 PO Number Page 9121097 ' of 2 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 02/21/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Annual fiber lease 1 LOT LS 19,344.00 PER INV #4042 1/23/12 Total $19,344.00 C3. Oi1e.�9-Q � 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 Tcros and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tess cxemptints. By statute the City effort Collins is exempt from store and local taxes. Our Exemption Number is 11. NONWAIVER. 9S-0k4502. Federal Excise Tax Exemption Cenificalc of Registry 94-(400587 is regol... d with the Collector of Fnilurc of the Purchaser to insist upon strict performance of ehc terms and conditions hemoL failure or delay to Internal Rcvenue, Denver. Colorado (Ref. Colorado Revi ed Statutes 1973. Chapter a9-2e, 114 (n). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for ponds hereunder cr approval ofthe design. shall not release the Scllcr of Goods Rgieded. GOODS REJECTED due to failure In meet specifications, either when shipped or dnc 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 remount to you for credit and arc not to be replaced except upon receipt of wrincn purchaser to insist upon strict performance hercofor any ofits rights of remedies i s 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 any purperasl oral modification m rescission of this purchase order by the Purchaser operate as a waiver array of the toms Inspection. GOODS arc subject to the City of Fon Collins inspection on normal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authonzed payment on the part of the City of Fort Collins, Hoarser. it is to he understood that FINAL Seller and the Pnrchnscr recognize that in actual economic practice overcharges resulting from antilow ACCEPTANCE is dpcndcnt upon completion ofnll applicable required inspection pmecdurcs. violations are in fact borne by the Purchaser. Theretofore, for grad cause and as consideration for executing this purchase enter. 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 Nand St.. Pon Collins. CO 80522. unless acquittal under federal or state antitrust laws for such overcharges relating to the panieulnr goods or service, otherwise specified on this order. If pemission is given to prepay (might and charge separately, the original freight purchased or acquired by the Pnrchnscr pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will Of be accepted. Shipment Distance. %%here manufacture¢ have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight rill be dalucted from Invoice when shipments am made from greater distance. Perrot, Seller shall procure at sellers snit east all necessary Permits. certificates and licenses required by all applicable laws, regulations, ordinances and rule, of the state, municipality, territory m political suMlivision where The work is pafommed, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Scllcr further agrees to hold the City of Fon Collins hamlcs From and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miles and requirement'. Authorization. All panics to this contract agree that the rcpmscruiumcs 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 tans and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions pmposcd by seller are objected to and botchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if year cannot make cnmplete shipment to rmn%c on your promised delivery date as noted. Time is of the escnec. Delivery and performance must be effected within the time stated on the purchase older and the documents attached hereto. No acts of the Purchasers including, without limitation. acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable rcmedics, the option of placing this order elsavhcm and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond is reasonable control and without its fault of negligence, such act, of God, act, ofeivil or military mnhontics. govemmcntal princhics, fires strikes Bond, epidemics, wars err rims 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 anv 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 Seiler warrants that all goods articles, materials and work covered by this order will conform with applicable drawings, specifications, simples and/or other dcxcriptions given, will be fit for The purposes intended, and porfmmwd with the highest degree of care and competence in accordance with accepted standards for work of n similar nature The Scllcr agrees to hold the purchaser harmless four any lam, damage or expense which the Purchaser may stirrer or incur on account of the Sellers breach of %%amaty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Iry or by the term ofnny applicable warranty provided by the Seller after the dam of acceptance of the good f rm,licd hereunder (acccptnncc not to he unreasonably delayed), resulting front imperfect or defcctivc work done err materials famished by the Scllcr. Acceptance or use of Bonds by the Purchaser shall not constitute a waiver ofany claim under this warranty. Eseepl as otherwise pmvided in this pnrchnse order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees. but such liabilityshall in no event include loss ofprofis or loss of uses. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERhIS. The Purchaser may make any changes to the toms. other than legal terms including additions to or deletions from the quantities originally ordered in the specifications, or drawings, by vcrbnl or written change order If any such change affects the amount due or the time of perfomanee hereunder. an equitable adjustment shall be rands. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the good then not shipped, subject in any equitable adjustment betwoca the panics as to anv work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated Pratte, on the uncompleted portion of the goods and/or work, for incidental at consequential damages, and that no such adjustment be made in favor of the Sella with respect to any grad which am the Sellers standard stock. No such termination shall mlicvc the Purchase, or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within shim (30) days (mat the date the change or gemination is ordered. R. COMPLIANCE WITH LAN'. The Seller warrants that all goats 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 Seiler shall execute and deliver such documentsa may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc herby incorporated heein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcs fmm all costs and damages suffered by the Pnrchnscr as a result of the Scllers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become dnc hereunder without the prior written consent of the other parry. 10_ TITLE. The Seller wamms full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest cncumbnnccs and claim, ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defcctivc goods by a date to be agreed upon by the Parchuser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness in comply. the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seiler shall pay all costs associated with .such work. The Scllcr shall release the Purchaser and its contractors crony tier from all liability and claims of any nature resulting fmm the pefamance of such work. This release shall apply even in the event of fault of nceligence of the Party released and shall extend to the directors, o@ccm and employees ofsuch patty. The Seller's contractual obligations, including wamnty, shall not be doomed to he reduced. in any way, because such work is performed 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 Form 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 err damage which it may be obliged to pay by mr,nn of s¢h infringement at any time during the prosecution or after the completion .(the work. In ease said equipment, or any pan thereof or the intended use of the gold,', is in such snit held to consulate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either practice for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If The Seller shall become insolvent or banknrpt, make an assignment for the hencfit of creditors, appoint a receiver or tnatec for any of the Set lers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcr .. itiuns cf terms used err The interpretation of the agreement and the rights of all parties hercundcr shall be constmed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is In perform work hercundcr, including the services of Scllers Rep"entraivc('), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr xhnll 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 in the work and/or materials before Seller's final eompletino and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, score and handle same at the site and become responsible therefor as though such materials and/or cquipmenl were being furnished by the Seller under the order. 19. INSURANCE. The Scllcr xhn11, at his own expense. provide for the payment of xmrkers compensation, including occupational disease benefits. to its employees enploved on or in connection with The work covered by this purchase order. and/err to their dependents in accordance with the laws of the state in which the work is to he done 'the Seiler shall also entry comprehensive general liability including. but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least S300.990 for any one person. S500.000 for any one accident and property damage limit per accident of S4060M. The Seller shall likewise require his contractors, if any, to provide for such comperomian and insulator. Before any of the Scllers or his contractors employcc, shall do any work upon the plc rises of others. the Seller shall furnish the Purehzscrwith a certificate that such compensation and insamnrc have been pmvided. Such certificates shall specify, the date when such compensation and insurance have been pmvided. Such ecnifieatcs shall specify the date when such compensation and insurance expires. The Scllcr 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 cmmby assume, the entire mspu ,dality and liability for any and all damage, loss or injury of any kind or nature whatsucacr to persons or property caused by or ¢nulling From the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold homiles the Purchaser and any or all of the Purchasers offamm. agents and employees from and against any and all claims. Irises, damages, elmrgcx or expenses, whether direct or indirect and wheher to persons or pmpenv to which the Purchaser may be put or subject by reason of any act, action, neglect. omission or default no file pan of the Scllcr, any of his contractors, or anv of the Scllers or contractors oB¢crs. agents or employees. In ease any suit or Other proceedings shall be brought against the Purchaser, or its offccrs, agents or employees many time on accoanl or by reason of any act action, neglect. omission or default of the Seller of any of his contractors or any of its or fhcir ofT¢ers, agents or employees as aforesaid the Seller hereby agmcs to asnmc the dderaw thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys feces and other expenses. any and all judgments that my be incurred by or obtained against the Purchaser or any of its or their Officers. agents or employees in such suits of other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthc Purchaser, or said panics in or as a result ofsuch suits or other Proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond orothenvise. The Seiler and his contractors shall take all safety precautions, furnish and install all guards necessary for the provemion 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 roles and regulations issued pursuant thereto. Revised 03P010