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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9146269PO PURCHASE ORDER 914626er Page C1171 of PURCHASE 46269 1 of z ' `t Collins( hisnumber must appear v ` �7 on all invoices, packing sli s and labels. Date: 10/28/2014 Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RDS FORT COLLINS CO 80525 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/27/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Ft Collins Share of E Source Membership 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 9,020.00 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. COMMERCOLDETAILS. Tax exemptions. By snare the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Eumption Cenifirme of Registry 84-0)(0587 is registered with the Collector of Failure of the Purehmes 10 insist upon stria performance, of the mars end conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Semmes 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or bylaw, failure to Promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval offe design, shall not release Be Seller of Goods Rejected. GOODS REJECTED due to failure to to specifications, either when abjured or due to defects of any of the valuation or obligalions of this pumhese order and shall not be deemed a waiver of any right of the damage in transit, may be returned its you for credit and are not ma be replaced emept an receipt of written purchaser to insist upon strict performance hoeofor any of its rights or remedies as to any such goods, regardless irsuumlom from fie City of Fan Collins, of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purported cal modification err rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject a the City of Fort Collins inspection oa nrtjval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response tp frs other can result to 12. ASSIGNMENT OF AM [TRUST CLAIMS. aulhorixed payment on the port of the City of Too Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in mewl economic practice, overcharges resulting from antitrust ACCEPTANCE is deperdent upon completmn of all applicable required inspection pmcMures. violations are in fact home by me Pumbases. Theretofore, for good ounce and as consideration for executing this purchase order, life Seller hereby sessions to the Purelumer any and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.B., City of Fort Collins, 7W Wood St., Fort Collins, CO 80522, unless offmc e, specified an this order. If permission is given to prepay freight and charge sepaaely, the original freight hit must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paint to v: us pans of the country, shipment is expected from the retreat distribution point to destination, and excess freight will be deducted from Invoice when shipments ore made floor province distance. Pennies. Seller shall procure at sellers sole eat all necessary, pamjt, certificates and licenses rryuirel by all applicable laws, made emi, mdinaues mad rules of the sate, mumcipxlity, temtory or pofineal subfvisam where the work B performed, or rryurted by any other duly allowed public authority having jurisdiction over the work of vendor. Seller fuller agrees m hold the City of Fort Collins harmless fmm and agm st all liability and lass incurred by them by reason of an asserted or established violation orany such lass, ramlinons, ordinances, ales and requirements. Atnhorieation. All parties to this contract agree that fie representatives are, in fact, bow fide and presses, full and LImplem authority to bind said parries. MITATION OF TERMS, This Purchase Older infirmly limn¢ acceptance to the a rates and conditions anted herein set faith and any supplementary or additional moms and conditions annexed hereto or oceryomtal herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete abjpmem to amve oa your promised delivery date as rated Time is of the ascure_ Delivery and performance most be efficient within the time stated oa me purchase order and the daemon. manchai beam. No acts of the P lminco s including. without Entrance, amptaam ofpanial late deliveries, shall operate as is waiver afrhis prmdsiun. In Be even of any delay, the Purchaser shall have, in addition to other legal and tyudable remedies, the orders of placing this order elsewhere and holding the Sella 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 it mnwnable council and without its fault of negligence, such acts of Gad, acts ofeivil or military authorities, guveanurand priorities, fires, snakes, flood, epidemics, wars or not, 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 me event of any such delay, the time of delivery shall be extended for the period anal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, article, materials and work covered by this older will conform with applicable drawings, specifications, aamplcs matter other descriptions given, will he fit for the purposes intended, seed perfoamed with the highest degree of arc and compereace to accordance will accepred standard far walk of a similar ware. The Sella agrees to hold Be purchowr foal. from any loss, damage or expense which fie Purahaser may suffer or mouton account of me Sellers breach of warranty. The Sella shall prince, repair or make good, without cost to the purchu ea, any defects or faults arising within one (1) year or within such longer Poland of time as maybe prambed by law or by the terms fany applicable womanly provided by the Seller after the career acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperial or defective .,it done in mamnds famished by fie Seller. Acceptance or use i f good by the Purchaser shall not institute a waiver of ony claim under this warenry. Except as othemise provided to this peahase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing economies or pecom ees, but such liability shall in no event include loss of pmfim or loss close. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehmer may make cbanga m legal terms by wrnen change omer. S. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to he rams, other than legal mom, including additions to or deletions fort. the quanlifaoriginally ordered in the specifications or drawings, by verbal or wdnen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Puchaes may at any time by written change order, tom eme this agreement as b any or all portions of the good then not shipped, subject to any equitable adjustment between the punier as to any work or materials then in progress provided mat fie Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted portion of the good maker work, for incidental or conexammial damages, and Thal tat such adjustment be made in favor of the Seller with rapecl to any goods which err-. the Sellers standam stock. No such termination shall relieve the Purchaser or the Sella army oflhalr obligations as to any goods delivered forewder. 7. CLAIMS FOR ADIUSTMENT. Any claim far abnormal must be asseded within thirty (30) days floor the date the change or automation is ordered. 8. COMPLIANCE WITH LAW. The Seller waaamts that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations maintain) to M incorporated in agreements orthis character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold Be Purchaser hvmless fmm all costs and damages suliertd by me Purchases as a melt of fc Sellers failure m comply wnh such law. 9. ASSIGNMENT. Neither patty shall assign, nemfcq or convey this order, or my monies due or to become due hereunder without Be prior women cement of me other party. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser fan all equipment materials, and items tumbled in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. acquired under faced or state onftmst lases for such overcharges relating to the particular goods or sertmc ruminated or acquired by the Purahmer pound this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Puchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seiler shall pay all cos¢ ass lamed with such work. The Seller shall release the Purehaer and its contractors of any tier four all liability and claims of any matoe resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend ro me directors, officers end employees afsucb party. The Seller's committal obligations, including womanly, shall nor be deemed to be reduced, in any way, because such work is palrermnl or caused to be performed by the Purchava, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process avemd by letter, patent, leadereark or copyright, the Seller shall hulemnify and save homless the Purchaser from any and all claims for jnfdngement by reason of Be use of such patented design, device, material or process in comedian with the contract, and shall indemnify the Purchaser for any cos, expeame or damage which it may be obliged to pay by tease. of such infringement at any time during the prosecution or after the completion of the work. In cars, said equipment, or any part thereof or rife intended sex of life goods, is in such sit held to eom ium Infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, eifee Procure far the purchaser the right to continue in, said equipment or pans, replace fie sane with substantially Weal but noninGnging a pripment or modify it so it becomes nonlnfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt 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 mats used or the mterPrelation of fe agreeme d and the rights or all porous hereunder shall be conswed under all governed by fie laws oflhe State ofColomde, USA. The following Additional Conditions apply only in cases where the Sella is to pert work hereunder, including the amic s of Sellers Rep¢xnmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, darmdmn or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Selleh own expense and to the satisfaction of the Purchase, When mammals and equipment are famished by others for mortician or action by the Seller, the Seller shall receive, unload, store and handle come at the site and become responsible therefor as though such materials and/or equipment were being fumishcd by the Seller order Be order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compemation, including occupational disease benefits, to its employees employed on or in connection with Be wok covered by this purchase Omer, and/or on their dependents in accordance with the laws of the sham in which fie work is to be, done, The Seller shall also carry comprehensive general liability including, but not limited as, contractual aced automobile public liability Imumnce with bodily injury and death limits of at least $300,00i0 for any one person, $500,000 far any accident and property damage limit per accident of $400,000. The Seller shall likewise require his cotractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employers shall do any wok upon the premises of others, the Seller shall burnish the Purchaser with a certificate fat such compensation and insurance have ban provided. Such cenificae, shall specify the doe when such omperszdon and insurance have been Fumbled. Such certificates shall specify fie date when such eomperemion and insurance expire. The Seller agrees that such compensation and insurance slap be maintained until after the .are work u ..,few all accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ussunm the entire responsibility, and liability for any and all damage loss or injury ofully kind or nature whati-ver ho persons or property caused by or aulfng from me execution of fie work provided for in this purchase area or in connection haveif. The Seller will indemnify and hold harmless the Purchaser and any r all of me Purchasers ollicers, agents and employees from and against any and all claims, losses, damages, charges a expenses, whether direct or indirect. and whether to room- or property m which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default as the part of the Sella, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In cox my suit or other proceedings shall be, brought against me Pace na, or its officers, agents or employees at any foe on account or by reason of any act, action, negla , omission or default of the Seller of any of his contractors or any of its or weir officers, agents or employees as of acid, Be Seller hereby agreex in assume the de atax Bat and to defend the come m the Sellers own expense, to pay any and all cats, cheaper shortly, f s mad offer expeaccas, my and all judgm r m that may be incurred by or obtained against the Purchaser or any of its or weir officers, agents or employees in such suits or other proceedings, and in sax judgment cr other lira be placed upon or obtained against me property of fie Pumhaxr, ear said parties in or as a result ofsuch suits or ofer praceWings, me Sella will at once cause me same to be dissolved and discharged by giving bond or otherwise. The Sella and his notorious shall take all safety precautions, famish arrd rasa[] all guard necessary for fie peaenfon of accidents, comply with all laws and regulations with regard to safety including, but without limjmtlon, Be, Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant declare. Revised OM014