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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 3214255 (2)Fort Collins Date: 08/07/2014 PURCHASE ORDER Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RIDS FORT COLLINS CO 80525 PO Number I Page 3214255 1e12 This number must appear on all invoices, packing slips; labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/08/2014 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 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.00m 1 LOT LS 50,000.00 Total Pay terms net 30 days 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 exemptions. By $wrote life City of Fort Collin l exempt from some said local axes. Our Exemption Number is 98-01502. Fcdeml Excise Tax Exemption Cemifcam of Registry, 84-fvdX587 is raglteed with the Collector of Internal Revenue, Formed, Colorado (ReE Colorado Revised Somalia 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to do@[l of damage in warmil, may be returned to you for credit and arc not to be replaced except upon receipt of orman iawat ion tram the City of Fan Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in aohuaimil Myment oa the part of the City Of Fan Collins. However it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipment most be F.O.H., City of Fan Collins, 7M Wood St., Fan Collins, CO 80522, unless Otherwise specifial on this order. If permission is given a pmpay right and charge separately, the original freight bill most accompany invoice. Additional charges for packing will nth be accepted. Shipment Difamce. Where corufxmrct have distributing paints in seldom pares of the country, shipment is expected rut the Merest distribution point as datimtion, and excess freight will be deducted from Invoice what shipments am nude form grocer distance. Permiu. Seller shall procure at sellers sole cost all rmcemary pemtits, comfica ,and licenses comitd by all applicable laws, regulations, ordinances and roles of the state, municipality, wmmry or voldr d subdivision where the work is perforated, or required by any other duly cootimwd public authority havingjunsdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reasan of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this removal agree that the representatives are, in fact, bona fide and possess full and complete authcdry m bind said patties. LIMITATION OF TERMS, This Purchase Order eapnexa, limo¢ acceptance to the terms and conditions stated herein set fisatlm and any supplementary er additional terms and conditions annexed hereto or momporan d herein by reference. Any additional or dOfacnt lams$ end conditions proposed by seller are objected Of and hereby r card. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immadiamly if you cannot make complete shipment to arrive on your Promised delivery doe as noted. Time is of the cssena. Delivery, and performance mot be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall opera d in a waiver infirm provision. In the went of any delay, the Pumhaer shall have, in addition to order legal and equitable readies, the option ofplating this order elwwhem and holding the Sella liable for damages. However, life Seller shall not be liable for damages in a mull of delays due to cages rut reaxambly foreseeable which are beyond its moseemble control and without its fault of negligence, such acts of God, act ofcivil or military amftmmms, governmental priomies, fires, strike" frond, epidemic" wars or fiats provided that notice of life conditions cooing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time azlually last by reason ofthe delay. 3. WARRANTY, The Seller warrant that all good, ankles, materials and work covered by this order will conform with applicable drawings, facif,miuns, samples and/or, other dacdptiom given, will be tit fur the pmposa intended, and performed with the highest degree of care and competence in accordance with accepted smndrds for work of a miler nature. The Seller agrees to hold the purchase( hammlaw ftom any lass, damage or expense which the Pardoner 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 defect or fault arising within one (1) year or within such longer period of time in may be preselihd by law or by the terms of any applicable warmnry provided by the Seller after the date of acceptance of the goods famished heeumder (acceptance flat to be unreswrably delayed), resulting rut imperfect or defective work done or materials fomishod by the Seller. Acceptance or now of goods by the Purchase shall not conscience a waiver ofamy claim murder this warranty. Except in otherwise provided in.his purchae maker, the Sellers liability hereunder shall extend to all damages proximately rand by the breach of ay of the foregoing %mammies or guarantee" but such liability shall in an went include loss or prifrs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal tears by ..an change order. 5. CI IANGES IN COMMERCIAL TERMS. The Pmrbaxa may make any changes to the terms, ether than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aft3ct the mo unr due or the time ofTerform arce hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may an any time by written change order, mrminam this agreement a to any a, all punions of the goods than not shipped, subject ad any equitable adjustment between the ponies as to any walk or materials then in progress provided that the Purchaser shall not Is, liable for any claims for anticipated prnft on the margullaoill portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in facer of the Sell,, with respect 1. any goatks which aft the Sellers standard stock. No such moratorium shall mlieve the Purchaser or the Seller of any ofthelr obligations a to any good delivered herewder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within thim (30) days from the date life change or mar nation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Out all goods sold hereunder shall have been produced, sold, delivered and fumuhd in strict onfid ante with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws ad regulations acquired to be uninformed in agreements of this character we hereby incompommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages su@red by the Purchaser m 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 became due tommder without the ,Hot ",,a. mo ent ofiha other party. I O. TITLE. The Seller warrnnl full, clear and arraigning rifle to the Purchaser for all equipment materials, and items fum6hd to perfommoce of this agreement, fitt and clean of any and ell lien, favictioo, rawmationa, secunry mower encumbeancn and claims mf.thers. 11. NONWAIVER. Failure of the Purchaser to imist upon strict performance of the mma and com itimss hereof, failure or delay to counime any rights an remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, de acceptance Of., payment for good hercmder or approvml ofine design, shall trot release the Seller of any of the warranties or obligations of this purchase order and shall rot be deemed a waiver of any right of the purchaser to insist upon strict peme—. hereof or any of in rights or=Was, in to any such gouda, regardless of when shipped, received or accepted, as to any prior or subsequent default tomander, nor shall any purpr ned am] modification or rescission of this purchase order by the Purchaser mare, as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact dome by the Purchaser. Taactafine for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Puchasr pormanuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser affairs the Seiler in correct nonconforming or defective goods by a date m be agreed upon by the Purchaser and the Seller, and the Seller therezfier indicates in inability ar nnwillingness W .mpty, the Purchaser may more the work to be perf anted by the most expcdilimi mearts available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any net f all liability and claims of any tunirc resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party release and shall extend to the directors, officers and employers ofsuch parry. The Sellers contmetml obligations, including cannot, shall not be deemed an be reduced, in any way, because such wark is performed or mused to be pert nni ed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or precast covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the sex of such patented design, device, material Or process in cmmection with the contract, and shall indemnify the Purchaser for any air. expense or damage which it may he obliged to pay by reason ofsuch infringement at any time during the, pmsceution 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 wit held to ..finite infringement and the use of said equipment or pars is .joined. the Seller shall, at its own expense and at its option, either procure for the purchocr the fight to continue using said equipment at pans, replace the some with substantially equal For ...infringing cquipmem, Or modify it. it becomes rmnlnfringing. 15, INSOLVENCY. If the Seller shill become iookent or bankmp, make on mwimdwmd for me bench, of creditors, appoint a or mina, for any of the Sellers property or businessccanceled , this order Only forthwith be by the Purchaser without liability. 16. GOVERNING LAW. The definitions officious maed or the inmmrmation offl a agreement and the rights of all ponies hereunder shall be construed under and governed by the lows of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represmadive(s), on the premises of others. IT. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same 6 fully cmmpletd and accepted, and shall, in case of any accident, destruction at injury to the work suffer materials boom Sellars feat completion and acceptance, complete the work at Sellers own expense ad to the satisfaction of the Purchaser. When nationals ad equipment are f fished by others for installation or nation by the Seller, the Seller shall receive, unload, store ad hadle same at the are and Examine respmnible domain, a details such material wdmm, equipment were being ftvrdM1ed by the Sella under the order. I S. INSURANCE. The Seller shall, at bus, own expense, provide for the payment of workers compensation, including occuWtiowl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or m their dependent th accordance with the laws of the state in which the work is to be, done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500.000 for any e accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his co mutton employees shall do any work upon the premises of others, the Seller shall Finnish the particular with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and moumnce have been provided. Such cenifcares shall specify the date when such compensation and insurance expires. The Seller agrees that such compnamion and i omance shall be maintained until after tee entire work is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kid or nature whim mover to persons or property caused by or resulting from the execution ofthe work provided for in this immune order or in connection herewith. The Seller will indemnify and hold harmless the Pa cheer and any r all of the Purchasers oRcers, agents and employees from and against any and all claims, I., damages, charges or expersses, wheWer direct or fill.,, and whaher to pawns or property, to which the Purchaser may be put at subjnr by reason of any am action, neglect, omission or default on the part of the Seller any of has contractors, or ray of the Sellers or contractors officers, agents or employees. In case any suit or Offer proceedings sholl be btough, musical the Purchaer, or its officers, agents or employees at any lime an account or by maon of any act, action, neglect, omission or default of the Seller of any of his contractors or any of it or their officers, agent or employees as aforesaid, the Seller hereby agrees to asnme the defense thereof and ro defend the same of fife Sellers own expense, m pay any and all costs, charges, attorneys fees and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of in or their officers, agent or employees in such suit or other proceedings, and in caw jdgme d or offer lien be placed upon or obtained against the property of the Purchaser, or said parties in or m a result of such suit or other proceedings, the Seller will at once cave the sane to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and mpialiom with regard to safety including, but without limitation, the Occupational Safety ad Heath Act of 1970 and all rates and regulations inud founder therno. Revised 07R014