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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9143924 (3)Fort Collins Date: 12/02/2014 PURCHASE ORDER Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RDS FORT COLLINS CO 80525 PO Number Page 9143924 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: 12/02/2014 Buver: PAT JOHNSON Note: Line Description Quantity uOM Unit Price Extended Ordered Price 3 Addendum to add funds 1 LOT EA 120,000.00 per requisition 48740 Energy Efficiency funding for Efficiency Works administered by Platte River. Additional funding for incentives of jointly implemented Efficiency Works programs and services 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 Total $120,000.00 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 1. COMMERCW.DETAILS. Tax extortions. By statute the City of Fort Collins is exempt from mute and local taxes. Our Continua Number is 98-04502. Federal Excue Tax Exemption Certificate of Registry M-6000587 is cog mast with the Collector of lnkmal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECTED due to failure to meet spwifications, either when shipped or due to defects of damage in mnsit, may be resumed to you for credit and are not to be replucd except upon receipt of women irmmclimm from th<City of Fon Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the memhaunise, services or equipment in response, to this order an result in autherir<d payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Tears. Shipments most be ROB., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless otherwise spnifed on this order. If ormismon is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing pounds in various pans of the country, shipment is expected from the nearest distribution in, to destitution, and excess freight will be deducted from Invoice when shipments are made from greater distance. 11. NONWAIVER. Failure of tbe Puchaer to insist upon strier performance of the toms and Conditions hnmE failure or delay to breecany rights or rrmedies provided herein or by law, failure to promptly notify the Seller in the "wit of a h the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict perfoonana, brmofor any of its rights or remedies ss to any such goods, regardless of when shipped, received or imm d d as ro any prior or scloo cons default bertunder, for shall any purported oral modification or mcission of this purchase Order by the Purchaser amount as a waiver of any of rise temms linear, 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pauchmcr recognize slut in achiel economic practice, overcharges handling from antitrust violations art in fact home by she Purchaser. Theretofore, for good muse and ss consideration for emanating this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter acquired under federal or stem antitrust laws for such overcharges miming to the particular goods or services pwchazed or acquired by the Pmchem, pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchsser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs acsociazed with such wink. permits. Seller shall procure at sellers sole cast all --, permits, cenifimta and fumes required by all ,pliable laws, regulations, ordirmnoa and rules of 6e state, municipality, territory or political subdivision when the work is preformed, or required by any other duly constituted 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 incumad by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Aulhoriutiou. All ponies to this contract come that 6e representatives are, in fact, bona file and possess full and complem authority to bind said parties. LIMITATION OF TERMS. This random Order expressly limits acceptance to the terms and mnditims stated herein set fond and any supplementary or additional rams and conditions nonsexual hereto or incorporated herein by reference. A, additional or different moms and munitions pmpme l by seller m, objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to artist, on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sated on the parchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance orpeco d late deliveries shall opaam as a waiver of this provision. In the event of my delay, the Purchase shall have, in addition to other legal and equitable comedies, the option of placing 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 reasomibly foreseeable which are beyond its reasonable control and without its fault of negligence, such eves of God, acts ofcivil or military authorities, govemmemul priorities, fires, strikes, Bond, epidemics, wars or dots provided that notice of the conditions arcing such delay 6 given m the purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event or my such delay, the date of delivery shall be extended for the period equal w the time actually lost by reason of the delay. 3. WARRANTY. The Sailer warrants Jut all good, articles, materials and work covered by this Order will condition with applicable drawings, specifications, samples and/or other descriptions given, will be fit for she purposes inn. dad and performed with the highest degree of care and compeence in accordance with accepted standards fro work of a miler nature. The Seller agrees to hold the purchaser handless from any loss, damage or expense which the Purchaser nay author or inem oa account of the Sellers branch of w.ty. The Seller stall ¢place, repair or make good, without cant m the purchaser, any defers or faults arising within one (1) year or within such longer period of time as ray be prescribed by law or by the terms of coy applicable wamaty Provided by tbe Seller afln the date of acceptance of the good fmished hereunder (acceptance sot to be unreawrably delayed, resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or tau of good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in his purchase order, the Sellers liability hereunder shall extend to all damages promimmely caused by the breach of my of the foregoing wamntics or guaromms, but such liability •hall in no event include loss of pats 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 to legal terms by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the arms, other thin legal terms. including additima to or delnions f the quantities originally ordered in the specifications or drawings, by verbal or wrimw change ,it,, If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The PmcM1aser may at any floe by wrinm change order, commando this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment Mwern the palms as to any work or materials then in progress provided that the Purchaser shall not be liable for arty claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with aspect many goods which art the Sellers standard stock. No such termination shall relieve the Purchases m the Seller ofany oftheir obligations as a any good delivered Maunder. ). CLAIMS FOR ADJUSTMENT. Any claim for whin m on must be asserted villain thirty (30) days fmm the dam the change Or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrens that all goods sold hereunder shall have been produced, sold, delivered and fiemished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall example and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated is agreements of this character art hereby incorporated Fartin by this reference. The Seller agrees to indemnify and hold the Purchaser modest fmm all costs and damages suffered by Je Patchasa m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or so become due hereunder widawt the prior, wrinesco .1 of the other µsty. IO.TITLE. The Seller warrants full, clear and marawrimed title to the Purchnsn for all equipment, materials, and items fmuhed in perfommnce of this agreement, free and dew of any and all liens, restrictions, reservations, security interest cammabmncen end claims orwbers. The Seller shall .1. the Purchaser and its contractors of any tier from all liability and claims of any rehire resulting fmm the performance crouch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch may. The Sellers conmuccom obligations, including warranty, shall not be, deemed or be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is remained to toe any dmiM device, material or process covered by letter, patent, trademark r copyright the Seller shall indemnify mall save hamles 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 she concoct, and shall indemnify the Purchaser for any cost, 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 taw wild equipment, or any pad thereof or the intended use of the goad, is in such suit lud to camomile infringement and the use of said equipment or pad is enjoined. the Seller shall, st its own expense and at its aptioa color procure far the pmcM1mer the right to continue ruing mid equipment or parts, replace the same with substantially egal but mainfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, nuke an armigna end for the benefit of creditors, appoint a elver or tmsme for any of the Sellers property or business, His Coder may ftiNawl6 be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions ofterms wood or the interpretation oflbe agreement and 6e rights of all pmtia hereunder shall be mmoued under and governed by the lass of tbe Sate ofCob.do, USA. The following Additional Conditions apply only in aces where thc Seller is to perform work hereunder, including the services of Sellers Rop osenmtive(s), on the premises ofothers. IT. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Sellers own risk writ the same is rally Completed will accepted, east shall, fir case of any accident, destmetion or injury to 6e work anWar materials before Sellers final completion and azcepmnce, complete the work at Sellers awn expense and o the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, more and handle more at the site and become responsible therefor as though such materials author equipment were being famished by the Seller under dw order. 18. 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 connection with the work covered by this purehau order, andlor to their dependeas in accordance with 6e laws of tbe mute in which de work is a be done. The Seller shall ales carry mmpahensive gene.] liability inclu tim, had nor limited in, commumual and emomnblle public liability insurance with bodily injury and death limps of at least S300.000 for any one person, S500,030 for any accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, 6e Seller shall famish the Purchase with it certificate that such compensation and insurance have been provided Such certificates shall specify the daze when such compensation and insurance have been provided. Such cedifiates shall span" date when such compensation and insurance expires. The Seller egme, that such compensation and imurunce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mpottsibiliry and liability for any and all damage, Ices or injury of my kind or nature whatsmver to persons or propmy coused by or resulting from the execution ofthe work pmvid for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m persons or property to which the Parchism may be put or shave, by .aeon of my act, action, .,]am. omission or default on Jae part of 6e Seller, any of his contmdom or any of the Sellers or conttadars olTmers, agents or employees. In case any suit or other proceedings shall be brought against the Purcbaver, or its officers, agents or employees at my time on account err by reason of any act, action, neglect, omission or default of the Seller of any of his compact.. or any of its or their officers, agents or employees as aforesaid, the Seller hereby agues to assume the defense therm( and to defend the same at the Sellers own expense, to pay any and all costs. charges, atomrys fin and other expenses any and all judgments tha, may be incurred by or obtained against the Purchaser err anY of its or their oRcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against he impact of the Purchaser, or said parties in or res n result of such suit or other proceedings, the Seller will at once some the same to be dissolved and discharged by giving bond or oherwise. The Seller and his contractors shall take all safety praautions, Summit and install dl guard neeessary for the prevention of accidents, comply wi6 all lawn and regulations with regard o eatery including, but without Brahman, the Occupational Safety and Health An of 1970 and all mlcs cad regulations issued pursuant 6erelo. Revised 0712014