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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9145146PO PURCHASE ORDER 914514er Page C117/ of PURCHASE 9145146 1 of 2 Flirt ( Olt'M Q This number must appear !-\V`I a V 1 1�7 on all invoices, packing sli s and labels. Date: 09/0812014 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: 09/08/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Reimbursement for electric service at Portner Substation P,4 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.com 1 LOT LS 13,533.74 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 statute the City of Fort Collins is exempt hung stale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Finland Excise Tax Exemption Certificate Of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon sbia performance of the Iemrs and conditions hereof, Edlure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Spirits 1973, Chapter 39-26, 114 (a). evervise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach, the accepance of., payment fur goods hereunder or apprm'al of the design, shall oat release the Seller of Goods Rejected. GOODS RP1E21E) due to failure in meet specifications, either when shipped or due to defects of pay Of the wanantics or obligations of this purchase order and shall not be deemd a waiver of any right of the damage to waned, may be retumd m you for credit and are not 10 h reph e d except upon receipt of wrinen purchaser to imist upon strain performance hereofor any of its rights or remedies as to any such goals, regardless inslmcliens from the Ciry of Fon Collars, of when shipped, received or acceptd, as to any prior or subsequent default hereunder, mor shall any puryond .1 codification or rescission of this purchase order by he Purchaser par , as a wows, of any of the terms Impaction. GOODS are subject in, the City of Fan Collins inspection on art hereof. Final Acceptance, Receipt O( the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of at l applicable required inspection procedures. violations are in fact home by the Purchaser. Thttemfam, far good come and m consideration for executing this purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments acted In F.O B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separetely, the original freight bill must.company im'oic, Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in son us as of the country, shipment is otpected fmm the named disoibation point to destination, and excess freight will be dductd from Invoice when shipments are made firma greater distanre. acquired under federal or sire rebound laws for such overcharges relating to the particular goads or services pumbased or acquirtd by the Purchaser pursuant o this Purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purhaser directs the Seller to coma cl nonconf mg or detective good by a date to be agraal upon by the Pumhaer and the Seller, and the Seller Stamper indicates its imbiliry or unwillingness to comply, the Purchaser may wave the work to be performed by the most expeditious mean available to it, and the Seller shall pay all costs associated with such walk. Patient, Seller shall procure at sellers role cost all accessary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where ,he work is performed, or squired by any other daily constimted public autherity having jurisdiction over the work of vend., Seller ,sear, agrees OF hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mason of an inv ned or established violation of any such laws, regulations, ordinances, rules and r yuiremems. Anmmnaeon. All parties to his cunoact agree that the representatives are, in fact, bore fide and Possess ran sad comple a..theory or bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limit ... clo n a, 1. he corms and conditions wooed herein eel hnh and any s.pplemcntary, or additional leas vad erudition, annexed here,. or incalloomed herein by reference Any additional air different terms and conditions proposed by seller are objected to and hereby rejectal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdirely if you carman make complete shipment to all on your promised delivery date as nrd. Time o of he essence. Delivery and perfornamee most he etlectd within the, time sated on he pamhau oNer and he documents atuched harem. No acts of he Purchasers including• ceithom limimtion, sompmnce of Famcd Ime deliveries, shall operate as a waiver of this Irownica. In the event are, delay, the Poncl aser shall have, in adilum to other legal and tagnimle remedies, the option of placing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not rensmably fmmmable which are beyond its reasonable comml and without its fault ofnegligence, each as, of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of he 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 dually tom by reason of he delay. 3. WARRANTY. The Seller wament that all goods, articles, materials and work covered by his order will conform with applicable drawings, specifications, samples and/or other dcudptiors given, will the fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'miler mare. The Seller agrees It hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of ecaran ly. The Seller shall replace, repai, or make good, without cost to he purchase, any defects or faults arising within one (1) year or within such longer period of time as may he presented by law or by the teats of any applicable warranty provided by he Seller after the date of acceptance of me goal famished hereunder (acceptance not be wor awmbly delayd), resulting from imperfect or defective work done ar materials fumishd by the Seller. Acceptance or use of goods by the Pumhsser stall sot comtlmbe a waiver of any claim under his warranty. Except as otherwise provided in his purchase seven, he Sellers liability hereunder shall extend to all damages pmxim ely caused by the breach of any of the foregoing vo rmates or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA 1.1 ERMS. The Purchaser may make changes of legal forms by wnuen change order. $. CHANGES IN COMMERCIAL TERMS. The Pumbener may make any changes to the rertm. other than legal mass, including addinom to or dchriom fmm he quantities migimlly ordered in the specifications or campaign, by verbal or wnuen charge oNer. If any such change aliens the amount due or the time mTvrfomrance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. 'the Purchmer cony at any time by wnuen change oNer, terming¢ this agreement as m any or all portions of he ,nods then not shipped, subject air any egtimble adjustment between the panics as to any work or materials then in progress provided that the Purchase, shall not be liable for my claims Jet anticipated profits on he uncompleted Portion of the goods andor work, for incidental or consequential damages, and that no such adjustmenl the made in favor of me Seller with respect to any cards which art he Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any ofhei, obligations as 10 any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment paid he assured within thirty, (30) days from he date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goods mate subject. The Seller shall execute and deliver such documents en may be required to effect or evidence compliance All laws mead regulations required to Ic misinformed in agreement of this character ere hereby incorporated herein by this reference. The Seller agrees to indemnify and bold doe Pumbmer harmless from all cunt and damages suffered by date Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, lumber, or convey this order, or any monies due or to become due hereunder without the prior wnuen cement of he other parry. 10. TITLE. The Seller womann full, clear and moustached title to flaw Purchaser for all equipment, materials, and items famished in perform a rnn of this agrae n, face and dear ny of aand all Item, restrictions, ,esmad., security intomt rncumbravcesc and claims of others. Ile Seller shall release the Purchaser rand its contractors of any tier Form all liability and claims of any nature resulting from the performance of such work. This release sholl apply e'en in the event of fault of negligence of the parry released and shall extend to he dimcbrs, oRcers and employees af,.ah parry. The Sellers contractual obligations, including w-11, shall not be deemed no be, reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenevenhe St is required to use any design, device, material or process covered by letter, patent, mudemark to copyright, the Serer shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify he Purchaser for any cost, a.xpeme or damage which it may be obliged m pay by reason of such inGngemem at any time during the Prosecution or after the completion of the work. In case said equipment, or any pan thereof or he intended rase of the goals, is in such suit held in constitute inGngrntem and the me of said equipment or Not is enjoined, the Seller shall, at in own expense 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 eoninfringing equipment, or modify it so it becomes moinGnging. 15. INSOLVENCY. If the Seller shall become modimm o1 bankrupt, make an assignment for the benefit of creduars, appoint a receiver or musme for any of the Sellers property or business, his order may forthwith be canceled by he Purchase, without liabiliry. 16. GOVERNING LAW. The definitiom ofterms seed or the interpretation of the managed and the right. fall panic hereunder shall be construed under and governed by he laws of the State ofColoudo, USA. The following Additional Conditions apply only in where he Seller is to perform work hereunder, including the services of Sellers Represernative(s), on thecases premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on sold work at Sellers own risk until the same is fully completed and accepted, and shall, in au of any accident, destruction or injury to he work abbot rwtenals before Sellers final completion and acceptance, complete the work at Sellers own expense and to he satisGetion of he Purchaser. When material and equipment are f candid by others for installation or erection by he Seller, the Serer shah moire, umoad, store and handle acme at the site and become responsible therefor en though such materials and/or equipment were being fumishd by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment Of workers compensation, including Occupational disease benefits, to its employees employed on Or in correction with the work covered by this purchase order, and/or to heir dependents in accordance with he laws of the auto in which he work is to he done. The Seller shall alas cart' nompreheasive 6enml liability including, bra nor limited to, cons —I and automobile public liability imumnce ss'idt bodily injury and death lidt of at least 53oo,000 for any one Person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of he Sellers or his contractors employees shall do any work upon the premises.(others, the Seller shall f.m,,h the Purchaser with. certificate the such emttpensalien and imtmnce have been provided. Such med.cams shall specify, the date when such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and insurance aspirin.'1he Seller agrees that such compensation and asumnce shall be maintained until after the entire work is completed and acraptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resprsolsoliry, and liability foe any and all damage, loss or injury of any kind or nature whatsoever as pare rs or properly caused by or molting fmm the execution of he walk ptm'idcd for in this pumhase order or in connection herewith. The Seller will indemnify and hold harmless else Purchaser and any r all of the Parchment officers, agents and employees fmm and against any and all claims. losses, damages, charges or «perms, whether direr or indirect, and whether to persons or property OF which the Purchase may be put or subject by reason of any act, action, neglect, omission err default on the pan of the Sit lar, any of his contraction, or any of the Sellers or contractors othcers, agents or employees. In case any suit or .her proceedings shall be brought against the Purchaser, or its oliicm, agents or employees at any time on account or by eeaun of any act, action, neglect, omission or default of the Seller of any of his contmctors or my of its or het officers, agents or employees as of said the Seller hereby agrees to asswoe the defame hereof and m defend the same at the Sellers own expema, to pay any and all cost, charges, attorneys fees end suite, rapines, any and all judgment Eat may Ic incurred by at obmind against the Pomhow, or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he, placed upon or obtained against the pmpeny of the Perelman, or said parries in or as a result crunch suits or 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 lake all safety precautions, famish and install all guards necessary for the prevenion of mention. comply with all laws and regulations with regard to safety including, but wilhom limimtion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant hereto. Revised 0]R014