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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9143925PO PURCHASE ORDER 914392er Page City of PURCHASE 9143925 + of z ' `t Collins This number must appear ` ` on all invoices, packing sli s and labels. Date: 07/1412014 Vendor: 102624 Ship To: ELECTRIC UTILITIES PLATTE RIVER POWER AUTHORITY CITY OF FORT COLLINS TIMBERLINE & HORSETOOTH RIDS 700 WOOD ST FORT COLLINS CO 80525 FORT COLLINS CO 80521 Delivery Date: 07/14/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price i CONSERVATION INCENTIVES 1 LOT LS 210,000.00 RESIDENTIAL EFFICIENCY 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 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt from stain and lmal awn. Our Exemption Number n I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Carib ..r of Regiury 84-600a587 is quarters, wid de Collector of Failure of the Purchaser to .,at upon stria performance of the temp and conditions hereof, failure or delay to Joined Revenue, Denver, Colorado (Ref. Colorado Revised Shown 1973, Chapter 39-26, 114 (a). exercise my rights or remWies pmvtded herein or by low, failure to promptly uotifry the Seller in the event of a breach, the acceptance of or pnyment far goods hereunder or opptovid ofee design, shall not release he Seller of Goods Rejected. GOODS REJECTED due to failure a meet specifications, eider when shipped or doe to defects of any of the warranties or obligations of this purchase order and shall not be reined a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hermfer any of rights or remedies as to any such good, regardless instructions from the Ciry of Fun Collins. of when shipped, received or accepted, ne to any prior or subsequent default hereunder, nor shall any purpaned oral modification or rescission of this purchase order by the Purchaser opera¢ as a waiver of any of the terms Inspection. GOODS are subject to the City of Fon Collins inspection oa arrival. hereof. Fiml Acceptance. Receipt of the merchandise, services or equipman, in tepanse in this cold dor result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on de pan of the City of Fan Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual comparric practice, overcharges resulting from mtibnst ACCEPTANCE is dependent upon completion of.11 applicable required inspection procedures. ,miatiora arc in fact home by the Purchaser. Theretofore, for good cause and. consideration for executing 'his purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St., Fon Collins, CO 80522, unless acquired under federal or suite antitrust laws for such moddarges Totaling to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, and miginal freight purchased or acquired by the Purchaser pursuant to this Purchase order. bill most accompany invoice. Additimad charges (m Parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers have distributing points to came. pans of de country, shipment k If the Purchase directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from former distance. any am. the work to be performed by the it t npedilioua awns available to it and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, cenificat. and Iternsn required by all applicable laws, opoldons, omhamen and roles of her state, municipality, mmmry or political subdivision where The Seller shall releme de Purchaser and its contractors of any tier from all liability and claims of any ware the work is performed, of required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch w'ed, of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss red by them by pra. of an asserted or established violation of any such laws, regulations, ordinances, ones trimmed This release shall apply even in the event of fault of negligence of the party released and shall extend to the requirements. directors, officers and employers ofsuch party. Authorizarian. All parties to this contract agree that the repiummutivn 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 ¢ems and condition shared herein set Not and any supplementary of additional terns and conditions annexed human or incorporated herein by redrence. Any additional or different erms and conditions proposed by side, 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 dam as noted. Time is of for assentt. Delivery a oil pe,formmtt must be eft ted within de time shared on the purchase order and the documents attached herein. No acts of the Purchucrs including, without limitation, ummlarwx of partial lam delivers., shall operate ses a waiver of this provision. In the sent of any delay, the Purchaser shall have, in addition to for legal and equitable remedies, the option of placing this order elsewhere end holding the Seller liable Ibr damage. However. the Seller shall nut be liable for damages as a result of delays due to causes not reasombly foprseable which art beyond its reasowble control and without Is fault of negligence, such ads ofGml, acts of civil or military authosities, governmental priorities, fires, strikes, flood, epidemics, was or over provided Char notice of the conditions causing such delay is given to the Enchanter within five (5) days of the time when the Seller Unit received knowledge thereof In de event of any such delay, the date of delivery shall be extemfed for the period egml to the time actually lost by reason ofhe delay. 3. WARRANTY. The Seller warrants that all goals, articles, materials and work covered by this order will conform with applicable drawings, specifications, rumples and/or other descriptions given, will R fit for the purpose intended, and performed with de highest degree of rare and competence in accordance with accepted standards for work of is similar halms. The Seller agrees to hold the purchaser hernlass fora any loss, damage or expense which de 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 (I) year or within such longer period of time as may be prescribed by Law or by the tears of any applicable waranry provided by the Sella after lbe date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect of defedlve work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall nor constitute a waiver ofany claim under this warranty. Except n otherwise provided in dis purchase order, de Sellers liability hereunder shall Wend to all damages proximately caused by the breach of my of the foregoing is mos n or guammees, but such liability shall in no event include less of prods or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may male changes to legal terms by written change cola. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal loom, including additions in or deleliom from the quantities originally ordered in the specifications or drawings, by venial or written change order. If any such change affects the amount due or the time dperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may err any Ii a by written change We, ..in this .,—am ant to any or all poniom of de goods man not shipped, subject to my equitable adjustment bcmeen the parties as to any work or materials then in progress provided ear the Purchaser shall not R liable for my claims for anticlPukd pmfts on the uncompleted portion of the goods today work, for incidental or consequential damages, and that no such adjustment be made in favor of thc Seller with respect to any goods which am the Sellers standard stock. No such termination shot[ relieve the Purchaser or de Seller of any of their obligations as to any goods delivered hereunder. The sellers rontactwl obligations, including warranty, shall not R deemed to be reduced, in any way, because such work is performed or caused a 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 copyriglu, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infri ngemmnt by reason of de use of such parented design, device, material or process in connection win the contract, and shall indemnify the Purchase for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prontdurim or add the completion of the work. In case said equipment, or any Pan thereof or the intruded use of the good, ts in such suit held to continue 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 de Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If d, Seller shall became insolvent or brmmpt. make an assignment for the benefit of creditors, appoint er raeiver or uusree for any of the Sellers proodry or business, this om rder, may forthwith be nseled by the Purchase widow liability. 16, GOVERNING LAW. The definition attention used or the interpretation of the agreement and the rights of all panics hereunder sholl be construed under and governed by the laws of the State ofColomde. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hefunder, including the since, of Sellers Reftment ive(a), on the ptemisn ofohers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the more is fully completed and accepted and shall, in use of any occident, deshuminn or injury to de work anrVor materials before Sellers pool completion and mceptame, mmplem the work at SdId's own expend anal to the mrisfacdon of the Porcbner. When materials and equipment are famished by others for installation or erection by the Seller, me Seller shall ,drive, unload store and haoAle same an de site and became mponsible therefor ne though such materials mi equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, Includng occupational disease bemfts, to its employes employed on or in connection with the work covered by this purchase order, mNor to their dependents in accordance wit d, Laws of the sate in which de work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public habit try ivurance with bodily injury and death limits of at lent S300,000 for any one person, $500p0o for any one accident and propery danage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide lbr such compensation and insurance. Defore any of the Sellers or his contnwtors employees shall do any work upon the previous of oilers, the Seller shall famish the Purchaser with a cerifiese that such compensation real common, have Reis provided. Such cerifcme shall specify de dam when such compensation and'uesurance have been provided Such renditions shall spenfy the due when such compensation road insurance expire. The Seller agrees Char such mmpnewtion and insurance shall R maintained until upon de entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller It Ift alum. the entire rnporemiliry and liabilityfur any and alldamage, tossminjury ofmy kind I. CLAIMS FOR ADJUSTMENT, or... whaeroe on to person or propety caused by or resulting from the execution r,ha work provided for in Any claim far adjusment most he saved within dirty, f30) days from the date the change or termination is this purchase order or in connectim herewith. The Seller will indemnify end build hamdess the Purchaser am my ordered, r all of de Purchasers oRcers, agents and employees from and against any and all claims, fosse, damages, charges or expenses, whemin direct or indird . and whether to pmmn or property to which the Purchaser may 8. COMPLIANCE WITH LAW. be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his The Seller warrants that all grads sold hereunder shall have been produced, sold, delivered and furnished in shier contractors. or any of the Sellers or contractors officers, agent- or employees. In case any suit or other compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and proceedings shall be brought against the Purchaser, or its officers, a,ads or employees at any time on account car deliver such documents as may he required to affect or evidence compliance. All laws and regulations required to he by reason of any act. action, funded, omission or default of the Seller of my of his contractors or any of its or acorpeated in agreements of this charade are hereby incorporated herein by his refeunee. The Seller agree W their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense therm( and to indemnify and hold the Purchaser harmless from all costs and damagn cuff d by he Producer as a final, of the defend the same a, he Sellers awn expense, to pay any and all costs, charges, attorneys fd, and other expenses, Sellers failure to comply with such law, any and ell judgments that may be incurred by or obroirard against the Pachaser or any of its or net, oRcers, agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or 9. ASSIGNMENT. obtained against de property of the Purchaser, or said panics in or an a result ofsuch suits or other proceedings, Neither party shall assign, transfer, or convey this omen or any monies due or to become due hereunder without de de Seller will at once cuuu the same to be diswlved and haclaoged by giving bond or mthermse. The Seller and pd., written consent of the ode, pang. his contractors shall take all suddy precautions, futntsh and install all guuds necessary for to prevention of accidents, comply with all laws and regulations with regain to safety including, but widwu, limitation, the 10. TITLE. Occupational Safety and Health Ad of 1920 mil all roles anrd regulations issued pursumt thereto. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, madcatiats, security interest Recited 03Y2010 encumbrances and claims ofothers.