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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9143855PO PURCHASE ORDER 914385er Page C117/ of PURCHASE 43855 1 of 2 ' `t Collins/ his number must appear ` V 1 1 on all invoices, packing sli s and labels. Date: 07/09/2014 Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE 6 HORSETOOTH RDS FORT COLLINS CO 80525 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/09/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price i DUES R SUBSCRIPTION SERVICES 1 LOT LS 35,019.73 4570 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@fogov.00m 9.73 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Out Exemption Number is 98-04502. Federal Excise'Ins Exemption Certificate of Registry 84-6000587 is wegistered with the Collector of Internal Revenue, Denver, Colorado (Ref. Cobmdo Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS RFJECTED due to failure 1. meet splinimmuses. either when shipped or due to defects of damage in transit, may be rearmed to you for credit and or not to be replaced except upon receipt of wriaen instructions from the City .f Fort Collin, Inspection. GOODS are subjwrzo the Ciry of Fort Collin inptttion on vrtival. Final Acceptance. Receipt of the merchandise, wavica, or equipment in response to this order can result in authorized paymem on the pan of the City of Fan Collins. However, it is to be understand that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be RO.B, City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless otherwise specified on this order. Wpermission is given to pr iay freight and chawge separately, the original freight bill most accompany interim. Additional charges for packing will not be terminal. Shipment Diurutce. Where manufacturers have disaibming points in name pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Parmi s. Sella shag procure a, sellers sole cast all clellay Famous, cenifcams and licenses required by all applicable lows., regulations. Oduances and tales of the site, municipality, territory or political subdivision where the work is performed, or required by any other duly consumed public authority havingjariuliction over the work of vendor. Seller fumha agrees to hold the City of Fort Collin bameless from ad agninf all liability and loss incurred by them by reason of m named or established violation of any such laws, regulations, Ordinances, tales and requirements. Autlmnchimm All panic 1. this cantmcl aS a that the represenmtivcs are, in fact. hang fide and Possess full aM coulee authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms cord conditions stated herein set forth and any supplementary, or wArli.nal tents and condition annexed hereto or inewpor red herein by reference. Any additional or dlfnchat a. and candidates pmpned by seller are o1hpord m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyon cannot make vemplem shipment,, arrive on your promised delivery dam as noted. Time is of the essence. Delivery and performance mutt he affected within the time stated on the purchase order and the dawmmts attached hereto. No acts of the Purchasers including, without limitation, acceptance of pnnial late deiverics, shall more as a averse, of this provision. In fire 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 canes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, mach ads of God, acts ofcivil or military aufhoonin, gavemmenul priooties,f s, stokes, Goad. epidemics, wars., rims provided that Seller oe the ed know[e gusher of. I the is given n the P data,, e d data five (5) days of the time wM1m the Seller first received time in [edge thereof. In the even of any such delay, the da,e of delivery shall be exmnded for the period egml m the,ime actually lost by reason afthe delay. 3. WARRANTY. ITe Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples amlbr other dex'dpbou given, will be fit for the perfumes interded. and performed with the highest degree of care and competence in acwnd mane with accepted standards far awk of a 'milar nature. The Seller agrees rat hold the purchaser harmless from my loss, damage Or expense which the Purchaer may suffer or incur on seewnr of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable wamnty Provided by the Seller after the date of acceptance of the goads furnished hereunder facemeance not te unowerably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchases shall not constitute a waiver of any claim under this wamanty. Except as otherwise provided in this purchase order, the Sellers Liability hereunder shall ewend to all damages proximately cowed by the breach of any of the foregolug wammies or guarantees, be, with liability shall in no event include loss ofprofis or loss of in c. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by wriaen change will 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the ratan, sober than legal same-, including addition to or delan fr ioom the quanbdemoriginally ordered in the specifications or drawings, by vemal in avoided change .Nee If any such change atT ts the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriaen change order, terminate this agreement as to any or all partiers of she good then not shipped, subject to any equitable adjuument betwem the 4order as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of the goods and/or work, for incidental or e.mequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are toe Sellers mankind stork. No such urmin+tion shall relieve the Purchaser or the Seller dreary of their obligation m many good delivered bereuMer. ]. CLAIMS FOR ADI USTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or swernmom is ordered. 8. COMPLIANCE WITH LAW. The Seller woman, the, all gaud sold hereunder shall have been produced, sold, delivered and furnished in said compliance with all applicable laws and regulation m which the good we subject. The Seller shall execute and deliver such dom ments as may he required to effect or evidence complamea. All laws and regulation enquired to be incorporated in agreannens of this character we hereby incoryomted herein by this «fchume. Tha Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as 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 prim, wrum consent of the Other party. 10. TITLE. The Seller warrants full, claw and untn,rided title to the purehaxr for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security, interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser or insist upon strict performance of the terms and conditions hereof, failure or delay to exercom any rights or remedies Provided herein or by law, failure ea promptly notify dre Seller in fire event of a breach, the acceptance ofor paymant for goads hereunder or approval of the design, shall not release the Sella of any of the warranties w obligations f,hi, pu clams, order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfamunw hereof or any of its rights m remedies as to any such gaols, regardless of when shipped, received or accepted, to to any poor or submqurat default hereunder, nor shall any purported mall modification Or rescission of this purchase order by the Purcbaer opera n a waiver of any of the terms hereof. 12. ASSIGNMENT OF AM [TRUST CLAIMS. Seller and the Purchase, recognize flat in actual acre pudic, overcharges m durng from annumn violations art in fact home by the Purchaser. Theremfore, for good cause and as consideration for executing this purchase under, the Seller hereby awibns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state mtorms laws for such overcharges reaming to the particular goods or services purchmed or acquit d by the Purchaser pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I Lie Purchaser directs the Seller to sonata nmconfi rrem, err defective goods by a date to be agreed upon by the Purchaser and the Sellea Out the Seller do rafer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs nsocided with such wok. The Seller shall release the Purchaser and its commatu rs of any tier from all liability and claims of any nature resulting from the perfomeame fsuch work. This release atoll apply e'en in tart even, of fault of negligcna of the many released and shall extend to the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including xartanty, shall not be, deemed as he seduced, is any guy, because such work is performed or caused,. he parliament by the Purchaser. 14. PATENTS. Whenever the Seller as rauired to we any design, device, nutaid or process covered by Lena, proem, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for inGngeonem by reason of the use of such patented design, device, material or process in correction with the contract, and shall indemnify the Pawhaser to, any cosr, expense or damage which it may be obliged to pay by rea.me fsuch infringement at any time during the proscoution or after the completion of the work. In two said equipment, or any Fan thereof or the intended use of the good, is in such suit held m constitute infirmchormi, and the use of said equipment or pan is erjamed, the Sella shall, aI its own expense and at its option, either procure for the Purchaser the right to continue ling auto equipment or parts, replace the same with substantially equal but nownfringing equipment, or modify it w it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baMmm, make an assignmenl For the batefil of creditors, appoint a receiver or taster for any of the Sellers property or business, this order may forthwith be canceled by the Purchssa without liability. 16. GOVERNING LAW. The definitions offerors used or the ima mortion of the agreement and the rights .fall parries hereunder shall be convinced order and gm'emed by the laws of the Sure ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, inflater, the services of Sellers Representatiloprk an the premises of In.. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed aM aceapteq and shall, in au of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to ,he satisfaction of the Purchaser. When materials and equipment arc f ished by others for instillation or erection by the Seller, the Seller shall receive, unload, stare aM handle same at the site and become r a,mible therefor as ,hough such mateoals and/or equipment were being but by the Seller under the order. 18. INSURANCE. The Seiler shall, al his own c.,., provide for the paymnem of workers mmpendatim, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andor to their dependents in mcotdantt with the laws of the state in which the work is to be drum. The Seller shall also carry comprehensive general liability including, but not limited to, conrractual and automobile public Liability Outcome, with bodily injury and death firms of at least $300,00o for any one perso4 5500,000 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his commences, if any, to pmvide for such comperadinn and insurance. Before any of the Sellers .r his communists employees stall do any work upon the premises of others, the Seller shall famish the Purchaser with a ce tificme that such compenation am insurance base been provided. Such vertificates shall specify the date when such onare,caustativir and insurance have been pu.ided. Such emitcores shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the oram work is completed and helepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting tom the execution oFth, work provided for in this purchase worker or in connection herewith. The Seller will indemnify am hold harmless the Purchaser and any r all of the I'nchners oDicars, agents and employees from and against any and all claims, losses, damages, cbagn or, expanses, whether dared he ioodirea, ail-berhe, to person or pari to which the Purebazer may be at or subject by rcaam of any act, action, neglect. emission Or dfaull on the not of the Seller any of his contractors, or any of the Sellers or contractors officers, agent, or employees. In case any suit or other prweediags shall be brought against the Purchaser, or is officers, agents or employees at any time on account of 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 man expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments the, may be incurred by or obtained against the Purchaser or any of is or their officers. agents or employees M such suits or other proceedings, and in case jdgment or other lien he placed upon or Obtained apimt the property ofthe Purchaser, or mid panics in Or az a result of such suits er other proceedings, 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, famish and install all guard necessary for the prevention of accidents, comply with all has and regulation with regard t. salary including, but wiWout limitation, the Orcupwrial Softy and Health Am of 1970 and all rules and regulation issued pursuant thereto. Revised 0312010