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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 3212360PURCHASE ORDER PO Number Page City Of///��� 3212360 7 of 2 `t Collins This number must appear] on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 102624 Ship To: ELECTRIC UTILITIES PLATTE RIVER POWER AUTHORITY CITY OF FORT COLLINS TIMBERLINE & HORSETOOTH RDS 700 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 05/24/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Energy Efficiency rebate 1 LOT LS 300,000.00 funding for Programs administered by Platte River Replaced previous PO #9123031 Total Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Ter exemptions. By .statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomanee of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hacander or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to matt specifications, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be located a waiver of any right of the damage in transit_ may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any ofis rights or remedies as to any sticli goads, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequcm default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver, of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 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 Fan Collins. However, it is to be andcrstood that FINAL Seller and the Purchoser recognize that in actual economic practice, overcharges resulting from 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 Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.A., City of End Collins 700 Wood St.. Fort Collins, CO 80522. unless oequircd under federal or state antitrust Imes for .such overcharges relating to the particular goods or services otherwise specified on this order. If pemission is given to prepay freight and charge separately, the original freight porchnsed or acquired by the Purchnscr porsuant 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 from the nearest 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 expeditious means available to it, and the Seller shall pay all costs nssocinted eith such work. Permits. Seller shall procure at sellers sole cost all necessary pemtits. 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 rarer the work of vend.,. Seller further agrees to hold the City of Fort Collins harmless from and against oll liability and loss incurred by them by reason of an nsserted or established violation of any such laws, regulations, ordinances. rides 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 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 objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you 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 attached 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 of any 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 cases not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnccligencc. such acts of God, acts of civil or military authorities, governmental priorities fires, strikes, food, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Pmmhascr within five (5) days of the time when the Seller first received knm ledge 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. I. WARRANTY. The Seller warrants that all goals. 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 competcnce 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 on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within strict) longer period of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereonder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done err materials famished by the Seller. Acceptance or use of gads by the Pnrchascr shall not constitute a waiver ofany claim under this unmanly. Except as othewise provided in this purchase order, the Sellers liability hereunder hall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees but such liability shall in no event include loss 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 chances to legal toms 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 gnamoies originally ordered in the specifications or drawings, by verbnl or written change order. 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 onrca change order, terminate this agreement as to any or all portions of the ,ends then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progmss provided that the Purchaser shall not be liable for any claims for anticipated pmfits 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 stock. No such termination shall relieve the Purchaser ar 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 thimv (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller aamnls 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 required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser hamdces from all costs and damages suffered by the Purchaser is 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 due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, dear and unrestricted tide to the Purchaser for all equipment materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions. msemations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its connectors 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 parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be 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 handless 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 of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its oar expense and at its option. either procure 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 bankrupt 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be constned under and govemed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perfom work hereunder, including the services of Sellcrs Rcprescntative(s), on the premises of others. 17. SELLERS RESPONSIBILfrY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Seller's fianl completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or creation 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 under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensaion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependants in accordance with the laws of the state in which the 0ork is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public I inbility ineuranee with bodily injury and death limits of at least S300.000 for any one person. S500.000 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 Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Pumhascr 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 Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection hermwilh. The Seller will indemnify and hold harmless the Purchaser and any or 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 property to a-hich the Purchaser may be put or subject by reason of any act, action, neglect omission or default rat the an Of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any snit 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 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 own expense, to pay any and all costs, charges, attorneys 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 or as a result of such suits or other proceedings the Seller will at Once cause the same In be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and instill all guards ncccsmry for the prevention of accidents, comply with nll laws and regulations with regard to safety including, but without limitation the Occupational Safety and Health Act Of 1970 and all talcs and regulations issued pursuant thereto. Revised OV2010