HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9143261Fort Collins
Date: 0611112014
PURCHASE ORDER
Vendor: 102624
PLATTE RIVER POWER AUTHORITY
TIMBERLINE & HORSETOOTH RIDS
FORT COLLINS CO 80525
PO Number Page
9143261 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 06/11/2014 Buyer: PAUL, GERRY
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Addendum to PO 9133751
Woodward Public Improvements
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
339,500.00
Total
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fon Collins is exempt from sate and local taxes. Our Exemption Number is
11. NONWAIVER.
98 04502. Federal Excise Tax Exemption Certificam of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon shlet performance of the teats and conditions hereof. failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stories 1973, Chapter 39-26, 114 (a),
exemisc any right. 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 gm,ds hereunder or approval of the design, shall not release the Seller or
Good Rejected, GOODS REJECTED due to failure to meet speification, either when drift or due to defects of
any of the waddmms or obligations of this purchase order and shall not be ddemed a waiver of any right of the
damage as masi., may M returned to you for credit and are not to IM replaced except upon receipt of wrinen
purchaser to insist upon strict prforrnce hereofor any of its rights or remedies u to any such good, regardless
imwctiom from the City of pan Collins.
of when shipped, received or accepted s to my prior or subsequent default hereunder, we shall soy purported
Farm modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on Pot
hereof.
Final Acceptance. Receipt of the merchandise, services Or equipmem in response to this miter can result in
12. ASSIGNM ENT OF ANTITRUST CLAIMS.
madmitaed wooden, oar the pan of the City of Fort Collins. However, it is m be undentaod that FINAL
Seller and the Purchaser Foregniu thin in actual economic practice, overcharge resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable remained inspection procedures.
violations arc in fact bums by the Purchaser. Theretofore, fogood cause and as consideration for executing this
pumhow oMeq the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tenn. Shipments must be F.O.B., City of Pon Collins, 700 Wood Sr, pan Collins, CO 80522. unless
acquired under federal or sate antim¢t laws for such overe urges relating to the panlcular good or services
otherwise specified on this order. 11 permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most mcommnv invoice. Additional chances for making will not M guarani
Shipment Distance. Where mamfacPrers have distributing points in various pare, of the country, shipment is
expected from the natural disuibmiW. point to destitution, and excess freight will M deducted from Invoice when
shipments are made farm grcamr dinners.
Permits. Seller shall procure at sellers sale coal all necessary permits, certificaes and licenses required by all
applicable laws, regulmiom., ordinances and ales of the note, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction Wait the work
of vendor Seller further agrees Fo hold the City of Pon Collier hard. from and agm ct all liability and IFss
incurred by them by reason of an assaed or established violation of any such laws, regulations, ordinances, ales
and "numm'mi.
Authorization All parties m this warrant agree that the represenotives arc, in fact. bona fide and possess full and
compiled authority to bind said panics.
LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the arms snit conditions sated
herein set forth and any supplementary or additional mores and conditions annexed hereto or inconfooted herein by
reference. Any additional or different terms and conditions propped by seller art Objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot its complete shipmem m arrive on yore
remised delivery dam as noted. Time is of the essence. Delivery and performance must M effected within the time
sotto on the purchase order and Ore documents coached hereto. No acts of the Purchasers including, without
limiation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event Of any delay,
the Punhner 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 M liable for damages as a result of delays
due to causes not rwsonably foreseeable which are beyond its reasor able central and without its fault of negligence,
such acts fGod, acts of civil or rudlitary mdourhies,g rairro mul priorities, ❑., miles, Oaod, epidemics, was or
riots provided Out notice of the conditions causing such delay is given to the Purchaer within foe (5) days of the
time when the Seller rim received knowledge Recent In the event of my such delay, the date of delivery, shall M
extended for line period equal to the time acrmlly lot by resin ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work revered by this order will conftm with applicable
drawings, specifications, samples and/or other descriptions given, will M fir for the purposes immmded, and
,attended with the highest degree Of care and competence in accordance with accepted standards for work of a
similar tumre. The Seller agrees to hold the purchaser harmless from any IOU, damage or expense which the
Puahua may stiffs or incur oa account of the Sellers branch ofwannmry. The Seller shall replam, repairm make
,.it, will,... casuo the puPhmer, any defaces or faults cross, within one (1) year or within such longer period of
time as may M pracdbed by law or by the teas of my applicable waronty provided by the Sella aOa the data of
acceptance of the goad Summand hereunder (acceptance rot in be umeasormbly delayed), resulting from imperf t
or defective work done or maenads famished by the Seller. Acceptance or use of goods by the Purchaser shall not
oustim¢ a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages Proximately caused by the breach of any of the Function, warrumdes
or guarantees, but such liability shall in no event include loss ofpmfirs or Ions Of use. NO IMPLIED WARRANTY
OR MERCHANTADILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal an. by wlinm change must.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other Plan legal terms, including additions In or deletion from
the ....rides xm,nmly ordered in the specill..nons or drawings, by verbal or written change order. If any such
change affects the amount due or the time Of perfomtance hereunder, an equitable adjustmen. shall be mode.
6. TERMINATIONS.
Ile Purchaser may at any time by carnen change order, tnmirum this agreement ss ma to any or all Panama of the
goods then Fiat shipped, subjdet to myequitableadjustment between the panties rs to any work or materials then in
progress provided that the Purhaer shall non M liable fro my claims for anticipated prefix on the uncompleted
portion Of the good andor work, for incidental or cosequentral damages, and that no such a regiment be made in
favor ref the Seller with Poodeuo may goods which art the Sellers standard sack. No such termmmim shall relieve
the Puchaer Or the Seller army of their oblige ion as to any goods delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim fur adjustment mum be amera d within thirty (30) days from the dare me change or tedinatim is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrants that all goods old hereunder shall have been produced, old delivered and famished in strict
compliance with all applicable laws and regulation to which the goods art subject. The Seller shall execute and
deliver such documents as may be caryired to effect or evidence compliance. All laws and regulations required to W
incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purc orda hornless form .11 tons and damages o0'aed by the Probate, s a Fault Of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Nation party shall sign tramfer, 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 Sella warrmn full, clew and unrestricted title to the Perches er for all equipment, rsmnals, and items furnished
n pabornance of this agreement, free and clear Of any and all liens, restrictions, reservation, scrutiny imre est
encumbrances and claims Probers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Poindexter directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicate its inability or unwillingness to comply, the Purchaer
may cause the work to he performed by the most expeditious means available to it, and the Sellef shall pay all
casts associated with such work.
The Seller shall release the Purchaer and its dentemors of any tier farm all liability and claims of any nature
resulting from the perfomeawe fsuch work.
This release shall apply ever in the an of Each of nngligmce of the pay naimand and shall exend to the
directors, officers and employers fsuch pay.
The Sellars enntmemai obligations, including warranty, shall not be dremed to be reduced, in my way, became
such work is Performed or .used at be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requital to use any design, device, .,coal or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for InGmgamntt
by reason of Ore use of such patented design, deride, material or process OF comtection with the common, and
shall indemnify Ore Purchaser for any cost, as,. m damage which it may M obliged la my by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In cue said equipment, or
my ran there f 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 own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the more with substantially equal but
noninGinging equipment, or modify it so it becomes nuninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmm make m msignment for the benefit of eethl.rs, apmint a
ewer or ..a for my of the Sella p,,.y or busm mast, this order ay forthwith M canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of,,. cad or the interpretation of the alumnae., and the rights of all parties hereunder shall be
comuued under and governed by the laws of the Sale of Colorado, USA.
The following Additional Condition apply only in taus where the Seller is to perform work Formula,
including the services of Sellers Represcrudox vd, ou the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall can, on said work at Sellars owl risk until the tame is fully completed and aceapted and shall,
caa of my recideat, dandelion or injury to the work snNm materials before Sellers final completion and
acceptance, complete the work at Sages own exmerse and to the outstation, of the Purchaser. When materials
and equipment are finished by others for installation or erection by the Sella the Sella shall receive, reload.
store and handle same at the site and become responsible therefor as though such mamials and/or equipmem
were being furnished by the Sella under the order.
I&INSURANCE
The Sallee shall, at his own expense, provide for the myment of workers cum ammadon, including occuretional
disease bemfits, to its employers employed on or in connection with the work covered by this purchase Water,
andlor to their dependants in accordance with Ore laws of tlo note in which the work is to M done. The Seller
shall also tarty comprehensive general liability including, but not limited a, contmctual and automobile public
liability insurance with bodily injury and dash limits of at least 53W.000 for any one person. 5500,000 for any
arm accident and property damage limit per accident of $400,0001 The Seller shall likewise require his
if any, to provide for such c.mpensatiun and insurance. Before any of 0¢ Selers or his c.n rnam's
employees shall do any work upon the premises of others, the Seller shall mmish the Purchaser with a certificate
that such compensation and instanows, have been provided. Such c niocae shrill specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expire. The Seller Firma First such compensation and insurance shall he ourium aed until after the
entire work is completed and .,Ind .
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire n¢musibility end liability for any and all damage, loss or injury ran, kind
or nacre whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaer and any
Far all of the Purchasers orce., agenm and employees farm and against any cad Fill claims, Irises, damages,
milies m ex,anus, whether direct or indirect, add whether to persons or property to which the Purchaser may
be put or subject by maa, of any cat, refion aeglet, omission m default on me pan of are, Seller, my of his
contractors, many of due Sellers an continuum officers, agents or amployees. In eau my suit or other
proceedings shall M brought ape= the Purchase, or its officers, agents Or employees at my time oa account or
by reason Of my act, action, regal. omission or default of the Seller of my of his contmcmrs or any of its of
their officers, agents Or employees as aforesaid, the Seller hereby agrees to assume the defcse thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Purchaer 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 Puchand, of said parties in or as a result of such suits or other proceedings,
File Sella will at once cause the vine to b<dindinal and discharged by giving bond or otherwise. The Sella and
his contractors shall take all addy precaution, furnish and irsall all parts nacressary for the prevmfion of
accidents, comply with all laws and regulation with regard to ofery including, but without Intention. the
Occupational Safety and Health Act Of 1970 and all Puts and regulation issued pursuant theme.
Revised 03l2010