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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9143924PO PURCHASE ORDER 914392er Page CI'h/ of PURCHASE 9143924 ' of z tCollins This numbees, pac ppear` on all invoces,packi sli s and labels. Date: 07/14/2014 Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RIDS FORT COLLINS CO 80525 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/14/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSERVATION INCENTIVES EFFICIENCY WORKS PROGRAM Section 8-161 (d) (4)(e) Purchase of utility services 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 750,000.00 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 I. COMMERCIAL DETAILS. Tax cremation. By statute the City of Fan Collins is exempt firm state aM local lame. Oar Exemption Number is I L NONWAIVER. 9SAA50L Federal Excise Tax Exemption Cmifcaw of Registry 84-6000587 is registered with the Collette, of Failure of the Penchant insist upon stria performance of the tartm and conditions hereof, failure or delay to Itatemal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1993. Chapter 39-26. 114 (a). exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance owr payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped ar due to delivers of any of the manager or obligations of this purchase wader and shall not be deemed a waiver of any right of fie damage in wanslt, troy be retumed to you for credit and are not lo be replaced except upon trader of wriaen purchaser to insist upon strict pedoares. Imearfe, any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported col munition ar rescission of his purchase alder by the Purchaser epmme as a waiver of any of the mmrs Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof: Final Acceptance. Receipt of the merchandise, arvicis or equipment in response ex this oNer canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. enhanced payment on he pan of the City of Port Collins. However, it is m be nea r atFINAL Seller and the Purchaser recognise fast in actual ecis practice, overcharges resulting from antitrust nt n ACCEPTANCE is dependeupocompletion of all applicable required inspection procedures. violations are in fact bome by he Purchaser. Theretofore. f for good came and aw consideration for executing his purchase order, he Seller hereby assigns ro the Purchaser any and all claims it may now, have or herezfer Freight Terms. Shipments must IN F.O.D.. City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless otherwise specified on his order. If permission is given to prepay freight and charge separately, the original freight bill must accompany, invoire. Additional charges for packing will rot W accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to deuiwtion, and excess freight will W deduned firm Invoice when shipments arc made from greater distance. Peanuts. Seller shall procure at sellers sale cost all necessary permits, certificate fail licenses required by all applicable Inws, regulations, ordinances fad roles of the state, municipality, territory or political subdivision whet the work is performed, or required by any other duty ragaimed public authority having jurisdiction over the work of vender. Seller Posher agrees an hold the City of Fan Collins batmless liability and from and against all liability lass marred by them by reason of an asserted or established violation of any such knees. regulations, ordiwnces, roles and requirements. Amhorivrion. All parties to this contract agree teal the repreunurive are, in fact, bona fide and p suss full arid ample¢ andent, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits wee =ce to the perms and conditions stated herein set forth and any mpplaentary nM oddommal mores mod annexed mconditions heteto M taxonomist ist herein by by reference. Any additional or different ms terms and conditions proposed by seller an objected an ad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam a noted Time is afire esenre. Delivery read performance ntm, be efTecwd within the time stated on the purchase order and the documents attuned hereto, No acre of the Purcbusere including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In pee event of any delay, he Purchaser shall have, in addition to other legal and equitable remedies, he 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 causes not reasonably foreseeable which are beyond its diasemble control and without its fault of neglignow, such was of GW, acts ofeivil or military authorities, govemmrntal priorities, Tres, strikes, Band, epidemics, wars wa dots provided that notice of the conditions causing such delay is given to the Forbearer within five (5) days of the time when be Seller first received knowledge thereof In he ,at of any such delay, dam date of delivery shall be extended far the period equal to the time Moral, lost by reason ofde delay. acquired acquired under federal or mine antitrust laws for such ove¢hvin ges reining rate particular goodsor serve ic purchad seor acquired by he Purchaserrs puuao pursuant to this puhas, order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m coarens nonconforming or dfe ensive goodreed s by a dare to be agupon by he Northeaster and the Seller, and rise Seller thereafter indicates its inability in unwillingness to comply, the Purchaser duty cause the work ro be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. e The Seller shall release the Purchaser and its contractors of any tier fmm all Iiabilo, and claims of any nature resulting firm the performance of such work. This release shall apply even in the event of faun of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Sellds upr m mad obligations, including waramy, shall not be deemed w be reduced, in any way, became such work u performed or caused to be performed by the Purchaser. 3. WARRANTY. The Seller warmnes that all good, articles, materials and work covered by his order will conform with applicable drawings, specifications, samples and/or other descriptions given, will W fit for the puryose, intended, and perfumed with the highest degree of can and competence 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 Purehaur or,, offer ar incur on account of the Sellers breach of waranty. The Seller shall replace, repair a, make good, without cast 10 the purchaser, any defects or limits arising within one (I) year or within such longer period of time as may be prescribed by law or by the more, of any applicable warranty provided by the Seller after the date of acceptance able, goods fitmished hereunder (acceptance not to be umeasowbly delayed), resulting from imperfect or defective work done or materials famished by he Seller. Acceptance or use o'goad by the Pmchmer shall trot onstitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase oNer, he Sellers liability baroba er shall extend to all damages p roi enely caused by the breach of ony of he foregoing warrmnia or gwmnttts, bur such liability shall in no event review loss ofprefits or loss of roe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERhfS. The Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes a the mans, other than legal terms, including additions to or deletions four the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change objects the amount due or the time of pert mrance hereunder, an equitable adjustment shall be more 6. TERMINATIONS. The Purchaser may at any time by written change made, terminate this agreement as to any or all panions of the goods then net shipped, subject to any equitable adjustment between the panics as to any work or mammals then in progress provided that the Parelower shall not be liable far any claims far anticipated prof. on the uncompleted portion of due goad mi work, for insider.) M compa,mun al damage, and that no such Wjustmenl be it, in favor of the Seller with resister to any good which are the Sellers standard stock. No such mmtination shall relieve the Purchaser or the Sella ability of their obligations in to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be vaned within thins (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller woman , that all goad sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulatiws or which the goods arc subject The Seller shall execute and deliver such documents m may be required to ebjecl or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaer hamtless from all casts wd damage suffered by the Purchase, as a depth of he 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 has without me pr or wriam consent of he order pmry. 10. TITLE. The Sella warrants fall, clear and mommicted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, rice and clear of any and all lieu, exploration, reservations, secudry, interest encumbrances and claims informal. 14. PATENTS. 'Whenever the Seller is required muse any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save Impulses the Purchaser fmm any and all claims for infnagemenr by reason of the use of such patented design, device, material or process in connection with the cammc . and shall indemnify the Purchaser brandy, cost, expense or damage which it may be obliged m pay by reason climb infringement at any time during the prasmtion 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 enjoin f the Seller shall, at its a— w,now and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipment, or modify it an it becomes noninfringing. 15. INSOLVENCY. If me Seller shall become imoh'em or battkmpt, make an migration for the b deh of creditors, appoint a receiver or trustee for any of he Sellers propmy or business, this wader may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and me rights of all parties hereunder shall be compared under and gtwea ed by the laws ofth, State mf Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Representative(s), on the premises of oNer, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selves own risk until the same is fully completed and swiftest and shall, in u of any accident, destruction or injury to the work and/or mawnals before Sellers tiwl completion and acceptance, complete the work at Sefirex own expense and to the satisfaction of me Pumbeet When materials am equipment an furnished by omens for insulation or erection by the Seller, the Sella shall nceiva unlord, store and handle same at are site and become responsible therefor as though such materials anNor equipment were being fumuhed by Ore Seller matter the order. 18. INSURANCE. The Sella shall, at his own expense, provide far the paMr., of warkcrs compensation, including occupational disease benefits, to in employees employed on or in connection with the work covered by this purchase order, tanker to their dependen s in accordance with the laws of the state in which the work is to Ire done. The Seller shall also carry cnmpnhen ere gees ral liabiliry including, but not limited w, commenual and automobile public liability in with boil Ily injury and death limits of at least $300,000 for any one person, $500,000 for any one ccidentand property damage limit per accident of 1400,000. The Seller shall likewise require his commuters, it., m provide for such compensation and insurance. Before any of the Sellers or his contracmrs employees shall du any work upon the premises of ahers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Sella agrees that such compensation and prepare shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he entire commit and liability for any and all damage, loss or injury ofany kind r where whatsoever to pctsam wa propmy caused by or resulting fmm the execution ofthe work provided for in his purchase order or in cawectiw herewith. The Seller will indemnify and hold hatmles , the Purchaser and any r all of the Purchasers oRcm, agents and employees from and against any and all claim, losses, damages, charges or expenses, whether direct or indirect, and whether w persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or <.at mewas officers, agents or employees. In case any suit 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, oaten. arrucel, 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 no defend the same at the Sellers own expense, to pay any and all costs, charge, anomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or heir officers, agents ar employees in such .its in the, prececalm,s, and in caw, judgment or other lion be dacN upon or abnormal agaivt me propmy afore Purchaser, in said panics in m as is mod, of such in or oNer proceedings. he Seller will at once couse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safer, precautions, famish and install all guard necessary for no prevention of accidents, comply with all laws and regulation with regard to safely including, but without limitation, me Despoilment Safety and Health Act of 1970 and all mitts and regulation issued pursuant thro to. Revised 03Q010