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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9143924 (2)Fort Collins PURCHASE ORDER PO Number Page 9143924 1of2 This number must appear on all invoices, packing slips and labels. Date: 10/21/2014 Vendor: 102624 Ship To: ELECTRIC UTILITIES PLATTE RIVER POWER AUTHORITY CITY OF FORT COLLINS TIMBERLINE & HORSETOOTH RDS 700 WOOD ST FORT COLLINS CO 80525 FORT COLLINS CO 80521 Delivery Date: 10/20/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 CO#1 Additional incentives 1 LOT LS 500,000.00 added. Requisition 48288 Per requisition 48288, dated 10/14/14 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 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Oar Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 8a-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to fxtram to meet speci bcationes, either when shipped or due to defects of damage in tormit may b< retuned to you for value and are not to be replaced except upon receipt of women instrairomtsf the City of Fort Collins. losparson. GOODS are subject to the City offeat Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in amhormed payment on the prat of the City of For Collins. However, it is rea b< understood thatFINAL ACCEPTANCE § depeMent upon completion ofall applicable required inpetion procedures. Freight Terms. Shipments most be F O.B., City of For Collins, 700 Wood St., Tom Collins, CO 80522, unless otherwise specified on this order. If pantaloons is given to prepay freight and charge separately, the original freight bill must accompany rustics. Addiumal charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nwress distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall Future at sellers sale cost all net scary permits, certificate end licenses required by ell applicable laws, regulations, ordinances and rules of the state, municipality, territory or political suWiv¢ien where the work is performed, or acquired by any other duly automated public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by mason of an assened or esablished violation of any such laws, regulations, ordinances, tales and requirements. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pert race of the sees and conditions hereof, failure or delay to any rights or adies provided herein or by law, failure to promptly notify the Sella in the event can breach, mn h, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance Imoo for any of its rights marimbas m many such goods, regardless of whm shipped, received or accepted, as to any prior or subsequent default herourWcr, nor shall any pmponed oral modification or saim lion of this purchase order by the Puahasa operate as a waiver of any of she terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acvw economic practice, overcharges resulting from antitrust violations are in fact home by dre Purchaser. Theretoforeforgood cause and in consideration for executing this purchase order, the Seller hereby assigns to the Purebssar any and all claims it may now, have or Ishood r acquired under federal or stare antitrust laws for such overcharges relating to the particular goods of services purchased or acquired by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser covers the Seller to correct rwnronf ing or defective goods by a date to be agreed upon by the Purchases and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may taus, the work to be performed by the most expeditious means asailable to it, and the Sella shall pay all costs azrociated with such work. The Seller shall release the Purchaser end its commcmrs of any tier from all liability and chimer of any amure resulting form the performance .fies h work. This release shall apply even in the went of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch an,. Authorization. All parties to this contract agree Nat the sepresmadives to m that. brava fide and possess fall and The Sellers contractual obligations. including warranty, shall not be deemed ro be reduced, in any way, because complete authority to bind said pariee, such work is performed or wined to be performed by the Purchases. LIMITATION OF TERMS. This Purchase Order expressly limits acesp. to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed here'. or incorporated herein by reference. Any additional or differenttemrs and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment in arrive on your promised delivery date m noted. Time is ratio amom. Delivery and performance must be effected within the time stated an the parrese order and the documents mucked here,.. No its of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Porchssef shall have, in addition 1. the, legal and equitable remedies, the option of placing this order elsewhere anal holding the Sella liable far damages. Howeves, drc Seller shall not be liable for damages m a result of delays due to wuus not reasonably foreseeable which are beyond its h asomble control and without its fault of negligence, such acs of God, acts of civil or military authorities, govenmen.] priorities, fires, stakes, flood, epidemics, wars or hots provided that notice of the conditions causing 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, she dare of delivery shall be cxlended for the period equal,. the time acnmily her by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar wture. The Seller agrees to hold the purchour hamtlecs from any loss, damage or expense which the Purchase( may sutler m threaten accoum of the Sellers breach of w.,,. The Sella shall replace, repair or make good, without cost to the purchaser, any &dears or faults arising within one (I) year or within such longer period of time as maybe prescribed by law or by the terms of any applicable waranty provided by the Seller ergo, he date of acceptance of the goods famished hereunder (acceptance not m be unreasonably delayed), reaching front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not cormilde a waiver of any claim under this warrant Except as otherwise provided in this purchase order, tone Sellers liability hereunder shall extend to all damages proximately comed by the breach of coy of rise foregoing warranties or guemmans, but such liability, shall in no event include loss ofpmNs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make clum us to legal tenets by waimcn cbavge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the gt:mrifrs originally ordered in vise spesillcatiom or drawings, by verbal or written change order. IIany such change officers the amount due or the time ofpetfarmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment b dvacer the parties as to any work or materials then in progress provided thin the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gown maker work, for incidental or consequential damages, and that no such adjustmrnt be made in favor of the Seller with respect to any goods which me the Sellers standard stock. No such automation shall relieve the Purchuer or the Seller ofany of their obligations as many goods delivered hertundtt. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustmant most be asserted within this (30) days from the date the change or mrmimrrtn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been porduced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the gao&s are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lows and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to iMemnify and hold the Purchaser hornless from all costs and damages suffered by the Purchasa ex a result of the Sellers failure to comply will such law. 9. ASSIGNMENT. Neither pray shall cosign, transfer, or convey this order, or any monies due or to become due hereunder without the prim women consml of the other party. 10. TITLE. The Seller common on full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all firm, restrictions, reservations, security interest mcumbwters and claims of others. 14. PATENTS. Whenwxr the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and mve harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, traterizl or process in connection with the contract, and shall indemnify the Purchaser for any exist, expense or damage which it may be obliged to pay by rs.asoa of such infringement at any time during the prosmution ce after the completion of the work. In case mid 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 enjoined, the Seller shall, at its own expense and at its opton. either procure for the Purchases the right to continue using said equipment or pcaa, replace the same with substantially equal but noninfdming equipment, or modify it so it becomes noolnfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tests used or the interpretation ofthe agreement and the rights of all pariu hereunder shall be construed under and governed by the laws ofthe State ofColomdo, USA. The following Abolitionist Conditions apply only in cases where the Sella, is to perform woh hereunder, including the services of Sellers Represmmive(s), an the premises ofoshers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty oa said work at Seller's awn risk an the same is fully completed and acrop'ed, and shall, in use of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials and equipment are finished by others for immllation or erection by the Seller, the Sella shall receive, unload, store stud harudle same at the site and became responsible therefor res though such materials ardor equipment were being famished by the Seller under the arder. I I. INSURANCE. The Sella shall, at his was expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in comeaion wish fhe work covered by this purchase arder, snakier to their dependenm in accordance with she laws of the state in which the work is to the, done. The Seller shall also carry comprehensive general liability including, but not limited to, continental and automobile public liability insurance with Nor ly injury and death limits of at least $3m,000 for any one pason, $500.000 for any one accident and property damage limit per accident of $400,000. Ile Sella shall likewise ,quire his consracmrs, if any, a provide for such corporation card insurance. Before any of the Sellers or his contractors employees shall do my work upon Ste premiss of ushers, the Seller shall famish the Purchaser with a certificate that such compensation and imurance have been prmdded. Such certificates shall specify the date whm such compensation and insurance have been provided. Such cerificmcs shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility end liability for any and all dvnage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting form the execution of the work Provided for in this purchase under or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any cr all of the Purchasers officers, agents and employees form args and against any prod all claims, losses, dna, harges or expenses, whether direct a indiren, road whether m persons or property to which the Purchuer may be put or subject by reason of my act, action, neglect, omission or default m the Ilan of the Seller, my of his amrazmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employes at any time on account or by meaon of any not, action, neglect, omission or default of the Seller of my of his contractors or any of its or their oRcers. agears or employees as aforesaid, the Seller hereby egret to assume the defame short and It defend the same at the Sellers own expense, m pay my and all cons. charges, attomeys rtts and other expenses, any and all judgments that may be marred by or obtained ,it the Purchaser or any of its m their officer, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same to Be dissolved and discharged by giving bond or oWerwiu. The Sella and his contractors shall take all salary precautiam, famish and iosmll all perks necessary for she Formation of accidents, comply with all laws and regulations with regard to safety including, but without limitation, she Occupational Safety and Health An of 1970 and all to, and regulations is at prrsttam Memo. Revised 07a014