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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9146290PURCHASE ORDER PO Number Page City, of PURCHASE 946290 1 of 2 Flirt Collins/ hisninim, ustappear /�,!"_`�,/`' ` \� �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: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 10/28/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Addendum to PO 9133751 PRPA �SY jl P14 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 204,518-25 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. COMMERCIALDETAMN. Tax exemptions. By stature the City of Fan Collins is exempt from state coal load taxes. Our Exemption Number is 11. NON WAIVER. 98-0,1502, Federal Excise Tax Exemption Certificate of Registry 84-60W587 is region, with the Collector of Failure of the Purchase, m rsom upon strict perfomernw of the terms and condition hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref Colorado Revised Samtes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to pranpily notify the Seller in be event of a breach, the acceptance of or payment for goods hereunder or approval of the design, stall .1 release be Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whrn shipped or due to defects of any of the warranties or obligations of this purchase older and shall not be deemW a waiver of any right of the damage in lrasit, may be resumed m you for credit and are not to be replaced escape upon receipt of written purchaser to insist upon strict performance hanfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fall Collins. of when shipped, received or accepted, s to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase older by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are sabjwt to the City of Pon Collins inspection an arrival. howl. ca salt in Final Acceptance. Receipt of the merchandise, services or nonlinear in response to this order r 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymentn on me paof the City of Fort Critics. However, it is to be anderrtood butFINAL Seller and the Purchaer recognize that in actual monomic practice, overcharges resulting team antitrust ACCEPTANCE is dependent apais completion ofail applicable a quirts inspection procedures, violations arc in fact home by the Purchaser. Touchable, for good sou and res cosidati ion far exewling this purchase order, the Seller hereby assigns to the Political any and at claims it may now have or hereafter Freight Terns. Shipmens must be FOB., City of Pon Collins, 700 Wood St.. Fall Collins, CO 80522. unless acquired under federal or state anlim6t laws for such mannerBes relating to the particular goods or services othemim specified on cars older. Upermission is given to prepay freight aM charge separately, the original freight Purchased or acquired by the Purchaser Reasons to this pmebaw order bill must accommnv invoice. Additional clones for vackine will .1 Im acrepled. Shipment Distance. Where manuf terns have distributing points in various pans of the country, shipment is expected from the nearest distribution point to dalmatian, laid excess freight will be deducted from Invoice when shipmenes are made from greater distance Permits. Seller shall procure at sellers sole cost all necessary pamlts. certificates and hce ses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of valor. Sella further agrees 10 hold the City of Full Collins barmless from and ageisl all liability and loss incurred by them by reason of an acaned or nmblished violation of any such laws, regulations, ordinances, roles and requirement. Araborixalion. All ponies m Ibis contract agree that the representatives are, in fact, bow fide and possess full aM complete vutheariry to limit said panics. LIMITATION OF TERMS. This Purchase Order expressly limits aceptance to the terms and conditions seated herein ur fain and any supplementary or additional terms and conditions annexed hercro or incorporated herein by cabernet. Any additional or different rams and conditions proposed by miler are objected ma ad hereby Jested. 2. DELIVERY. PI.IiASIi ADVISE PURCHASING AGI7N I' immediately Ryou cannot make compile ahipmcat to arrive no year promised delivery delivery date as noted. Time is of fl r e,arrrc. Delivery and prr(ocmance must be effected within are time stared on the purchase older and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance circuital late deliveries, shall operate we a waiver of this provision. In the event ofany, delay, the Purchaser shall lea, in addition to other legal and equitable remedies, the option of placing this order elsewhere .it holding the Seller liable fro damage. However. the Seller shall not ht liable far, damages as a result of delays due to causes not reasonably fotesrrable which arc beyond its reasonable contest and without its fault of negligence, such ass of God, arks o civil or military authorizes, govermnwml priorities, fires, strikes, flood, epidemics, wars or riots pleaded that —,a- of the conditions .axing an delay is given W the Parham, within five (5) days of the time what the Seller first received knowledge thereof. In the event of any such delay, foe date of delivery shall be extended for be period expml to the time actually lost by turn ofthc delay. 3. WARRANTY. The Seller warrants that all grinds, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples We, 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 nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pu¢baser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchewm any defects em faults arising widens one (1) year or within such longer period of times may be prescribed by law or by the terms of my applicable warranty provided by the Seller titer be date of acceptance of the goods fumkhed hereunder (areeptance not W be umeasowbly delayed), resulting fiomh imperf t or defective work done or materials Eurobond by the Seller. Acceptance or use of goods by die Purchaser shall rat constitute a waiver ofany claim under this w'mmnty. Except as otherwise provided in this purchase order, the Sell. liability hereunder shall extend to all damages proximately caused by the bench of any ofthe foregoing warrnries or gtnramees, but such liability shall in no raven include loss of profs or loss create. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. I he Purchaser may make changes to legal It. by seam. change older. 5. CHANGES IN COMMERCIAL TERMS. The Precursor may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wduw change older. If any such changed ve, the amount due or the time o(perfammax,hereunder. an equitable Wjunment shall be made. &TERMINATIONS. The, Purchaser may at any time by mourn change etude,, .mar mat this agmement as on any or all ponimes of the gook then not shipped, subject many equitable adjustment between be ponies as 10 any work or materials then in progress provided that be Purchaser sball not be liable for any claims for anticipated profs on be uncompleted portion office, goods m&or work, for incidental or consequential damagq and that no such adjustment be made in favor of the Seller with respat to any goods which are be Sellers standard stock. No such lamination shall relieve the Purchaser ar the Seller of any oftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any et, ire fa, adjstureut ..at be asserted within thirty (30) days from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all good sold hereunder shill have been produced, sold delivered and fumishad in said compliance with all applicable laws and regulations to which the good me subject. The Seller shall execute and deliver such document as may be acquired to effect or credence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this refinal The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffaW by the Purchaser a, a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall .,ign, trans@q or convey this order, or any monies due or to become due hereunder without the Prior written consent of the other party. 10. TITLE. The Seller warrants full, clew and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, fees and clear of my and all liens, restrictions, mace,atos, security interest encumbrances arts clams o f others. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. Ifhe Purchaser directs the Seller to coned nonconforming or defctive goods by a die to be agreed upon by the Purchaser and elm Seller, and the Seller thereafter indicates its inability or unwillingness 10 comply, me Purchaser may cause the work m be performed by the mnsl expeditious means available m it, and rise Seller shall pay all costs associated wire such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the pertly released and shall extend to the directors, wifflars and employes afsuch frany. The Sellers contacud obligations, including warranty, shall rot be deemed to be reduced, in any way, baccom such work is performed or caused to M performed by the Purchaser. M. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Icier, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In caw said equipment, or any pan thereof or the intended use of the goods, is in such suit held to comtitum infringement and the use of said equipment or pan is enjoined, the Seller shall, at is own expense and at It option, either procure for the Purchaser the right to conlinne using and equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it f aomrs nonlnfnaging 15. INSOLVENCY. If the Seller shall berme mordent or bankmpt, make as auigoment for the benefit of creditors, appoint n or trustee for any of the Sellers property or buswess, this order may fonhwilh c canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the right of aft panics hereunder shall be concerned under and governed by the laws lithe 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 Rrpresrmtativas), on the premises of ofcrs. 19. SELLERS RESPONSIBILITY. The Seller shall catty on said work a1 Sellers war risk.. the same is fully completed aM accepted, and shall, in cave of my acc lent, destruction or injury 10 the walk andbr materials before Sellers final completion and acceptance, complete the work at Seller's bear expense and to the satisfaction of Her Purchaser. When encommis and equipment . famished by olders for palliation or erection by the Seller, be Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andror apartment were being! ished by the Seller holder the order. 18. INSURANCE. The Seller skill, at his own expense, provide our the payment of workers compensation, including occupational disease benefit, a its employers employed on or in connection with the work covered by this purchase order, wafer to their dependents in accordance with the laws of the stare in which the work is 1. be done. The Seller shall also carry comprehensive general liability including, but not limited to, comramual and automobile public liability inurance with bodily injury and death limits of. least $300,00o for any one person, S5 W,00t for any one occident and property damage limit Per accident of S400,000. The Seller shall likewise require his malmnms, if any, to provide for such wmpemarion and! insurance. Before any of the Sell. or his am.,.. employees shall do any work upon the premises of others, the Seller shall fumkh the Purchaser with a certificate dust such compensation and insurance have brawn provided. Such actuates shall specify roe date when such compensation and insurance have been provided Such renificates shall specify the date when such comperiation and instance expires. The Sella agars Char such romperwton and instance shall h<maintainM unfit after the entire won is completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fro any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold handles, the Purchaser and any cr all of the Pumhsos officers, agent and employees film end ag.iral any it all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which be Pmchser may the put or subject by reaon of any act, anion, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, saves or employees. 1. case any suit or other proceedings shall be brought against the Purchaser, or its offic., agents or employees at any time on wcowt m by reason of any act, action, neglect, omission or drfcult of the Seller of any of his contractors or any of its or their olEce, agents m employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to deMd the same at the Sellers own expetsm. to pay any and all cuss, charge, allomays fees and older expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of it or then office, agent or employees in such Bois or other proceedings, and in can judgment or other lien be placed upon or obtained against the property cribs Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause be same to be dissolved and discharged by giving bond or otherwise. The Sella and his conmacmrs shall take all safety precautions, famish and iesmll all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without Inflation, the Occupational Safety and Health Aa of 1970 and at I roles and regulmios issued pursuant thereto. Revised 0)R014