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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9140904 (2)Fort Collins Date: 11/21/2014 PURCHASE ORDER Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RIDS FORT COLLINS CO 80525 PO Number Page 9140904 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/21/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 Reduction -funds not required for energy purchases in 2014 Per requisition 48628 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.mm 1 LOT EA -1,561,268.0 Total-$1,561,268.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exempton Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcare of Registry 84 6000587 is registered with the Colleemr of Failure of the Purchaser to insist upon shin performance of the team and conditions hereof, Editor or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). worrue any rights or remedies provided herein or by law, failmc to promptly notify the Seller in the event of a breach, the acceptance ofor paymms for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet spaifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not m dmmed a waiver of any right of the damage in transit may be, rammed to you for credit and arc not to be replaced except upon receipt of wnnert purchaser m insist upon strict performance hereof or any urns rights or remedies as to any such goods, regardless imtrnatiom from me City of Fon Collins. of when shipped, received or accepted, as to any prior at subsequent default bereuMa, cur shall my puiponed Out modification or rescission of this purchase order by me Purchaser operate as a waiver of my of the form Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mercandiee, set ca or equipment in response to this maker an fault in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthmized payment no the For, of me City of Too Collins. However, it is to be uvderstood that FINAL Seiler and do Purchaser recognize than in actual «anomie practice, cvercaeges resulting fiom antitrust ACCEPTANCE u depeMrnt upon completion of all applicable rryuire! inspection procedures. violations are in ran home by the Purchaser. Therai fore, fen good muse end m considemtim for -.do, this purchase order, the Seller hereby .signs to me Purchaser my and all claims it may now have or hereafter Freight Tures. Shipments must be F.O.D.. City of Fort Collins, 7W Wood St., Fan Collins, CO 90522, unless acquired coda (Wend or sane antitrust laws for such overehargrov muting to the Formula goods or services omeswis, specified on this order. If permission u given to Foolery freight and charge separately me original freight purchased or azquired by to Purchmer pursuant to this purchase order. bill must accomori invoice. Additional changes fen oackin r will not be accepted. Shipment Distance. Where man fiacNrrn have distributing points in various pans of the country, shipment u ca,i nod from the namr distribution paint to destination, and excess freight will be, doductW from Invoice when shipments are mile( getter distance. Pend¢. Seller shall procure at sellers sole cost all necessary permits, canniest. and livens. required by It ii,liable laws, regulations, orditancar aM rules of me state, municipality, mrntory or polio.] subdivision where the work is performed, or required by any offer duly constituted public authority having jurisdiction over the work of smaller. Seller further agrees to hold the City of Pon Collins hmmlas from and against all liability and loss incurred by them by reason of an maned or established violation of any such laws, regulations, ordinance, rules and oc'mo mm s. Aumonestion. All parties to his common agree that the representatives are, in fact. born fide and possess full and omplete anihonty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits mosptance to the team and conditions stated herein set forth and any supplememary ur additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions p,.,a,d by calla arc objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery data as noted Time is of the essence. Delivery and performance man be injected within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without Initiation, acceptance of panial late deliveries, shall Opemm as a waiver dthis provision. In the ram crony delay, the Purchmer shall have, in addition to .,her legal and equitable remedies, the option of plocing this order elsewhere and holding the Seller 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 bound its reawmble control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidem hots provided that notice of the conditions coming such delay is given to the Purchaser within five (5) days of me 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 actually lost by reason of me delay. 3. WARRANTY. The Seller warrants that all goods, adds, mmaida and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will her fit for he purposes intended, and perfarmea with the highest degree of care aid competence in accordance with accepted standard f work of a similar stature. The Sella agrees to hold the purchaser harmless from my loss, damage Or expense which the Purchaser may sufia or owns on account effort Seller breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer 'moil of time as may be prescribed by law or by the terms of my applicable werody provided by the Seller after the dte of acceptance of the good famished hereunder (acceptance not to be uareawrtably delayed), resulting form impaf t or dfcamt, work done or materials burnished by the Seller. Acceptance or use of goods by dw Purchaser shall not constitute a waiver ofmy claim order this..my. Except. otherwise provided in this purchase odor, me Sellers liability hereunder shall attend to all damages proximately caused by the beach of any of me foregoing wnrrmties or guarantees, but such liability shall in no event include loss of prefix 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 changes io legal 1. by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team. other tan legal nnm, including additions to or deletions from Joe qumtitic, originally ordered in the specifications or drawings, by viral or written change order. If any such cange affects the amount due or me time ofperfamar. hertunda, an equitable adjutmmt tall be, made. 6. TERMINATIONS, The Purchaser may at my time by written change order, laminate this agreement of to any or all portions of me goods men not shipped, subject to any cquimble adjustment between the parties as to any work or materials then in propas provided that the Purchaser shall not be liable for any claims for anticipated profits on me uucompined portion of ffe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with ¢spat to any goods which are the Sellers standard stock. No such termination salt relieve the Purchaser a the Seller of any oFiber, obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment most be asserted within thirry (30) days from the data no change Or termination is Ordered. I. COMPLIANCE WITH LAW. The Seller worm is that all goofs sold hereunder shall have been produced, sold, delivered and famished in stria omplume with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulmiom required to he ncorpomred in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all msu and damages suer red by the Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, burn r, or convey this not or any monies due or to become due hereunder without me poor wnnen commit if oo offer patty. 10. TITLE. The Sella warrants full, clam and unmtricted title to the Furcaser for all equipment, marmots, and items hundred in harm a of this agreement, free and vicar of any arW all liens, ratriamns, reservationse s, curity mo. encumbmnces and claims ifoffers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If me Purchaser directs me Seller to affect imnconfosming or defective good by a date to be agreed upon by the Purchaser anus me Si and for Sella meresfier indicates its inability or unwillingness m comply, the Purcltaser may moose to work to be panoomed by the most expeditions mcam available to it, and me Seller shall pay all arch, associated with such work. The Seller shall releme the Purchaser and its contactors of any tier fmm all liability and claims of any mtare resulting from the performance of such work. This releme shall apply even in the went of fault of negligence of the parry, relented aid shall extend to ffe dir romm, officers and employees of such party. The Sella's contractual obligations, including wan inty, shall not be deemed to be reduced, in any way, because such work is performed or caused to no performed by the Purchaser. 14. PATENTS. Whenes'er the Seller is required to use any design, device, material or process covered by letter, patent, trademark of copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reawn of the use of such patented design, device, material or process in connection with no commeq and shall indemnify the Purchaser for any tour, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or spa the completion of the work. In case said equipment, or any pan thereof or the intended use of the gswds, 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 option, either procure for the Pmchaxer me fight to continue using said equipment or pans, replace the some with substantially equal but nadnfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent a bankrupt, make an assignment for me benefit of creditors, appoint e receiver or trustee for my of the Sellers property or business, this odor may forthwith be canceled by the Purchmer without liability. 16. GOVERNING LAW. The definitions of terms coed or the interpretation ofee agreement and the, rights ofall Issues hereunder shall he construed under and governed by me laws of he State ofColomdo, USA. The following Additional Conditions apply only in cakes when the Seller is to perform work heormaka, including the services of Sellers Repnsentitive(s), on the premises ofomen. 17. SELLERS RESPONSIBILITY. The Seller shall cary on said work at Sellers own risk ..,it On sarne is fully completed soul rarefied, and shall, in case of any accident, obstruction or injury to the work an or rratmaB before Sellers final completion and anceptanec, ..plot, me work at Sellers awn expense and to de satisfa.ion of the Perrchown. When rrogran h and equipment are bounced by others for installation or erection by do Seller, me Seller shall receive, unload, am. and andle same at me site and became responsible therefor m though such rmleria , .Nor equipmrnt were being fmmshed by the Seller under the coda. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers amputation, including nccupatioal disease benefits, m its employees employed on or in connection with the work covered by this purchase Oder, and/or in, their dependents in accordance with the laws of me stare in which the work rs m be done. The Seller shall also any comprehensive general liability includin& but rat limited to, commercial end automobile public liability insurance with bodily injury and death limits of at least 5300,0I0 for any one person, 9500,000 for any one incident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if troy, to provide for such compensation and imumme. Before any of me Sellers or his contractors employees shall do any work upon me premises of others, the Sella shall famish me Purchaser with a cenifiate Bar such compensation and insurance ave been provided. Such anifass sell specify the dam when such compensation and insurance have been provided. Such ccnifiates shall specify me dare when such compensation and insurance expires. The Seller agrees that such m ormantion and insurance shall be maintained until after the mine work is campined and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Super hereby as es me entire responsibility and liability for any end all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or multing from the execution of the work provided for in his purchase order or in connection herewith. The Sella will indemnify and hold harmless he Purchaser and any r ell mf the Pmchmers oRicers. agents and employees from and against any and all claims, lass., damages• charges or expenses, whether direct or indirect, and whether to powers or property to which me Purchaser may be put or subject by reason of any act, action, neglect, omission or default an the part of me Seller, any Of his contractors, or any of the Sellers or contractum officers, agents or employees. In caw any suit or other proceedings shall be brought against the Purchmer, or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense mermf and to defend the same at the Sellers own exprow, to pay any and all costs, charges, attorneys fees and omet expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lies be placed upon or obtained against the property of the Purchmer, or said panics in or as a result of such suits or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precauliom, famish and install all guards necessary, for me pswention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all notes and regulations issued pursuant therm. Revised 07nO14