HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9141289Fort Collins
Date: 02/28/2014
PURCHASE ORDER
Vendor: 102624
PLATTE RIVER POWER AUTHORITY
TIMBERLINE & HORSETOOTH RDS
FORT COLLINS CO 80525
PO Number Page
9141289 101`2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 02/27/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 HARDWARE & MAINT SUPPORT
2014 O & M MAINT SUPPORT CIS
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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 LS
180,000.00
Total $180,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins k eaempt fmm sum and local towns. Our Exemption Number is
I I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmifiewc of Registry 84-6000587 is registered with the Collector of
Failure of d¢ Purchaser to insist upon stria performance of the terms oral conditions hereof, failure or delay to
Interval Revenue, Denver Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
exercise any rights in remedies provided herein or by law, failure to promptly rwlify the Seller in the event of a
breach, the acceptance of he paymmt for good hereunder w approval of the designs shall rot Of. the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped w due to defects of
SOY of Ne —'a- or obligations of this purchase order Said shall not he deemed a waiver of any night of the
damage in mnsit may be retumed Or you for credit mud are not a be replaced except upon receipt of wrinen
puremsser to insist upon strict Performance hereofor any of its rights or remedies as to any such goods, mparaless
instructions Boom the City of Fort Collins,
of when shipped, received or amepted, as to any prior or Subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of Ne merchandise, Services or quipmem in response to this order am result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fun Collins. However. it is to be cadmium that FINAL
Seller and the Purchaser recognize that in .oral ens uric practice, overcharges resulting fmm antiterst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations we in Get home by the Purchaser, Theretofore, for goal 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 Tenn,. Sbipmems must be F.O.D., City of Fart Collins, 700 Wood Sr, Fort Collins, CO 80522. unless
acquired under federal err sane contrast laws for such overcharges relating to the particular gook or services
otherwise speci fled on this order. Ifperanission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase make.
bill must.comnanv invoice. Additional charges for packing will not be accented.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destlwtlon, and excess freight will be deduard from Invoice when
shipments arc made from greater distance.
Permits. Seller shall procure at sellers tale cost all necessary permit, certificates and licenses requited by all
applicable laws, regulations, ordiwnces and tales argue sure, municipality, territory or political subdivision where
the work is performed, or required by any other duly continued public authority haviogjuris,hOwn over the work
of vendor. Seller further agree or hold the City of Fun Collins hmmless from wW a,wo r all liability and loss
recurred by Nam by reason of an assured or nsubltbed violation of any such laws, regulations, oaiwnon, tales
and rquiremenu.
Authorization. All or. m this toner., more that the representatives arc, in fact, bona fide and possess fall and
complete autlmdty to bind mid predict.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stand
herein set forth and any supplementary or ack itiowl temps and conditions annexed hereto or incamomted herein by
reference. Any addlinional or diRerent terms and conditions p nosed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISIi PURCHASING AGENT immediately if you cannon make complete shipment to art on your
promised delivery dale as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No au of the Purchasers hurdling, without
limitation, acceptance of partial late deliveries, shall wrote as a waiver of this provision. In the event of very delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seiler liable for damages. However, the Seller shall not be liable for da-WO, as a resull Of delays
due to causes not reasonably foreseeable which pre beyond its reasonable control and without its fault of negligence,
such vets ofGud. was mfeavil or mRlury authorities, govemmrnul pdothies, Tres, strike, Rood, epidemics, wars w
riots provided that notice of the continuous causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thervol In life even, of any such delay, the date of delivery shall be
extended for the pen W .it to the time actually Ida, by reason ofrhe delay.
3. WARRANTY.
The Seller warrants that all goods. articles, materials and work covered by this order will conform wida applicable
drawings, specifications, samples wNor other descriptions given, will he fit for the purposes intended, aral
Performed with the highest degree of care and competence in .mauve with accepted standards for work of a
imilar wort, The Seller agrees to hold the purchaser hamdess man any loss, damage or expense which the
Purchaser swy>uffr, or mention ..not of Nit Sellers breach ofwaranry. The Seller shall replace, repair he make
good, without exist to the purchaser, my defects or faults arising within one (1) year at within such longer period of
time ss may be presrnbeJ by law or by the temps of my applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not m be unreasonably delayed), resulting from impeaffint
or defective work June or materials famished by Ne Seller. Acce armor or use of good by the Purchaser shall not
constitute a waiver of any claim under this summary. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximmely caused by the breach of any of he foregoing war roues
or gwmntres, but such liability shall in no event include loss of props or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTARILIT Y 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 very changes to the terms, Other than legal temp, including additions to or delaions from
the quantities originally ordered in the specifications or drawings, by verbal or wmren change order. If any such
change affects the amount duns or the time ofperformmu« hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser my at any time by women Change older, command, and, this agreement . to any or all portions of the
gooks then not shipped, subject to any equitable adjustment between the panic in to any work or materials then in
pm8ess provided that the Purchaser shall not he liable for any claims for anticipated profit on the uncompleted
portion of the grid mhNor work, for incidental w omaarmara al damages, and Nat am such w1jnstment be made in
favor of the Seller with respect to any good which on, the Sellers mandaa slack. No such oanirution shall relieve
the Purchaser or the Seller of any of their obligations as m any good delivered hereunder.
9. CLAIMS FOR AD)USTMENT.
Any claim for adjustment most be asserted within than, (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f mished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as maybe required to etfea tar evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller ogees to
indemnify and hold the Purchaser, hamdess foam all cowls and damages suffered by the Purchaser as a result mf the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, traunfn, or convey this order, or any monies due or to become due hcmmda without the
prior warned comer of the other Fury.
10. TITLE.
The Seller wou t full, clear and com aided rule to the Purchaser fro all quipmem, materials, end it— fumishM
in performance of this nomination, free and clear of any and all liens, restrictions, rnseralions, sewarty interest
mcumbra.as add claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicares its inability or unwillingness to comply, the Purchaser
may cause the work to b< performed by the most expeditious means available to it, and the Seller shall pay all
cows resonated with such work.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any wore
resulting firm the performance of such work.
This release shall apply even in the event of fault of negligence of the party released final shall extend to the
directors, officars and employees ofsuch party.
The Seller's contractual obligations, including waranry, shall not be deemed to be reduced, in any way, because
such work is perfomhed or caused to Ee Performed by the Purchase.
14. PATENTS.
Whenever the Seller is required muse my design, device, material orpmces covered by lever, 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 potential design, device, normal 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 P,execution or after the completion of the work. In case said equipment, or
any pan thereolor the intanded use of the goods, is in such suit held to constiude infringement and the use of
said 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 parts, replace the same with substantially equal but
non ifirm, ng equipment, or modify it so it becomes aminfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bi nkmpr, make an assignmem for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers properly 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 ofall pasties hereunder shall be,
wnsrmed under Said governed by Nit laws of the State of Colorado, USA.
The following AWitiond Conditions apply only in causes where the Seller is to perform work herewder,
Indudmg Ne services of Sellers Repreichouive(s), oa Ne premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry con said work at Sellers own disk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work amf or materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment .art famished by others for installation or erection by the Seller, the Seller shall receive, unload,
snore and handle same at the site and become responsible therefor was fl ough such materials as&or equipment
were being furnished by the Seller under the main.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including .cupmiowl
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
aurpor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
Unit also Carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily woury and death limits of at least S30TOKSO for any, one Person, $500,000 for any
one .cident and property damage limit per accident of S400,000. The Seller shall likewise require his
carnmemn, Warty, m provide for such compensation and'wumnce. Before any orifice Seller, or has comractors
employees shall do any work upon the premises crucifers, the Sella shall famish life Purchaser with a certificate
that such compensation and insurance have been provided. Such crnificates shall specify the date when such
mmperwtion and insurance have been provided Such certificates Shull specify the date when such compensation
and insumnce expires. The Seller agrees that such wmpensmimn ford insurance shall be maintained until after line
entire work is completed and.ccFed.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assurrici the entire responsibility and liability for any and all damage, loss or injury crusty kind
r wore whosoever to Persons at pmpndy caused by or resulting from the execution ofthe work Provided for in
this purchase order or in connection herewida. The Seller will indemnify and hold hmmles the Prudence and any
r all of the Purchown, officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct Or indirect, and whether to Persons or property to which the Purchaser may
be put or subject by md.n of any act, action, neglect, omission or default on the pan of the Seller, on, of his
contractors, or any of the Sellers or comm ream officers, agents or employaa. In case any suit or other
Proceedings shall be brought eggoo, ds Purchase, or its officers, Spends or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seiler of any of his contractors or any of its or
their officer, 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, mmeneys fees and other experts,
any and all judgments but may Is, Mcurted by or obtained against the Purchaser or any of in or their officers,
agent 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 parries in or ss a result of such suits or other prrceNings,
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, f ish own install all goal necessary for life prevention of
accident, comply wit all laws and regulations with regaa to safety including, but without limitation, the
Occupational Safety end Health Act of 1970 and all sides and regulations issued pursuant thetao.
Revised (BOOM