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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9141289 (2)PO PURCHASE ORDER 914128er Page C.117/ of PURCHASE 9141289 1 of z ' `t( OI I I ns This number must appear ` v " on all invoices, packing sli s and labels. Date: 12/05/2014 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: 12/05/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add funds 1 LOT EA 156,000.00 per requisition 48802 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 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state end local tuxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cafficam of Registry 84L000589 is registan d wish the Collector of Inamal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 fay Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due W defeca of damage in transit, may W resumed a you far credo and are not to be replaced except upon receipt of wrinan instructions from the City effort Collins. Inpedion. GOODS are subject to the City of Fon Collins inspection on arrival. Flared Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on me pan of the City of Fort Collins. However, it is to be undershoots Out FINAL ACCEPTANCE is dependent upon completion of all applicable assured inspection procedures. Freight Tema. Shipments most be POD, City of ran Callum. 70) Wood St, Foot Collins, CO 80521, unless otherwise specified on this order. If pemnsim is given to prepay, freight and change sepaaaly, We original freight bill most accompany invoice. Additional charges for packing will not be ime ptal. Shipment Distance. Where manuf carers have distributing points in various Was of the country, shipment is expected from the nearest distributor point to destruction, and excess freight will be deducsa from Invoice when shipments are made from greats dismarc. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the team and conditions hereof, failure or delay to exerise any rights or remakes provided herein or by law, failure to promptlyO notify the Sella in te occur of a br ach, the acceptance ofor payment for goods hertunda or approval ofthe design, shall not serene the Seller of any of the warranties or obligations of this purchase nNa and shall not be deemed a waiver of my right of We ,archon or ins, upon stria pert hereof., any of as rights or remakes or to any such goods, rationsss of when shipped, received or accepted, ss to my prior or subuquat default Formula, mar shall my puryoned oal modi ficmaon or rescission of this purchase maker by the Purchaser ornate as a waiver of any of the arms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Panchascr recognize that in mural n a is practice, waantitrustgm resulting from antitrust violations are in fact home by she Purchoef. Thneafrm,rfor good muse sad or considerations for examing this purchase oaer. We Seller hereby aatign to me Purchaser, any and all claims it may now have a hateafier acquired under formal or suite actions, laws for such overcharges miming to are particular goad or service, purchased or acquired by We Purehssa purstmnt to this purchase oaer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs me Seller to correct nonconforming or defective goad by a date to he agreed upon by the Purchaser and the Sella, and the Shcer shereafier indicates its inability or unwillingness m comply, the Purchases may cruse the work to be performed by she most expeditious means available to it, and she Sella shall pay all rasa amaiMed with such work. Pmmds. Sella shall prates, at sellers sole cost all maracary permits, cenifientes and lic u ses assumed by all applicable laws, mistrust .... ordinances and ales of the sae, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having production over the work of vendor. Seller fuaher agrees to hold the City of ran Collins harmless from and against all liability and loss endseed by them by reason of an assured or established violation of any such lawn, saturations, ordinances, ales ssrampar ono. AuOwrtration. All pact to this contract agree Wert the representatives ere, in fxh born fide and sai ss full and oompine authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits sccepame in me so. and conditions sates herein set foah and any supplementary or additional tetra and renditon amexed hacto or incomomsed herein by reference. Any additional or different Aran and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the acme. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No was of the Reaches includin& without limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision. In the event of ery delay, she Purchaser shall have, in addition to other legal and ryuiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as is result of delays due to tames not reasonably foreseeable which are beyond its reasonable control and without its fault of negligeme, such acts of GW, rots of cavil or military authorities, g wemmenal,,unities, Gres, strikes, rood, epidemics, wars or Mean provided that notice of me condition causing such delay is given to me Pumhuser within five (5) days of the tame when the Seller Bur received knowledge thereof In tlrc event of any such delay, the date of delivery shall be extended for the penal equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confirm wish applicable drawings, specifications, samples and/or, whet doomptiun given, will be fit for the purposes amended, and performed with the highest degree of arc and competence in accordance wish accepted smndrd for work of a imllar nature. The Seller agrees to hold me parent hvmlas farm any loss, damage or expense which me Purchaser may su@r a no. on account of me Sellers branch of warranty. The Seller shall seplace, repair or make good, without evert W the purchaser, any defacts or faults arising within one (1) year or within such larger period of time as may be prescnbed by law or by the teams of my applicable warranty provided by she Seller after the dse of acceptance of the goods furnished hereunder facceponce not to be umeamrably delayed), resulting fmm imperfect or defective work done ar materials famished by the Sailer. Acceptance or use of goods by the Purchaser shall not constitute a waiver or any claim under this warranty. Except i s otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by me bract of any of she foregoing warranter or guarantees, bur such liability shall in no event aurae Ins of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal teas by wring change Omer. 5. CHANGES IN COMMERCIAL TERMS. The P... base, may make any changes m the terms, Omer than legal leans, including adddiuns m or deleficas fr.m the quantities crlgimlly ordered in the specifications or drawings, by verbal or written change order. Irony such change aRects the amount due or me time of parfomtaoce hermundeq o equitable Wjntmenl shall remarks. 6. TERMINATIONS. The Pumhawr May at my time by written change order, terminate this agrmenenl res to my or all pedion of the good men not shipped, subject to any crumble ajusnn ce between the panics as to any work or material, than in progress provided than she purchaser shall cat be liable for any claims for anticipated profits on the uncompleted portion of the good moor work, for incidental or consequential damages, and that no such Accounts be made in favor Of the Seller wish respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser.,,he Seller afary of their obligation as to any geod, delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days (man the date roe change or muctintim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants 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 he rryvia d an effect or evidence compliance. AIL laws and tgulation requi,ed to M unconfirmed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold me Purchaser harmless fmm all costs and damages suRered by the Purchases as a result of me Sellers failure to comply wit such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without me ,nor wdnen consent ofthe other Way. 10. TITLE. The Seller wai full, clear and umestracled Isle To me Purchaser for all equapmat, mentenals, end it. Marshall an performance of this agreement, free and clear of my and all den, ressnaioo, reservation, mainly kntasest encumbmnca and claims efothers. The Sella shall release the Pumhic n and i,, contactors of any tier tram all lability and claims of any rater, resulting from the pedbamance of such work. This releae shall apply even in the event of fault of negligence of the party released and shall extend so me directors, otrcen and employees climb pasty. The Seller's contractual obligation, including warranty, shall not W dxma to be reduced, in any way, because such work is prominent or reused to be performed by the Purchase, 14. PATENTS. Whenever the Seller is requited to use any design, device, material to,,mess covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, maeral or process in connection with the contract, and shall indemnify the Purchaser for my cost, apeme or damage which it may be obliged to pay by reason of sash lnfn'ngement at any time during the proswution or after the completion of the work. In now mid equipment, or any pan therm(or the intended use of me goads, is in such suit held to camtktum infringement and the use of said repayment or pan is enjoinal, the Seller shall, in is awn expense and at its option, either procure for the purchaser me eight to continue using said equipment or parts, replace We same wish substantially equal but n nsinfringing equipment, or modify it so it becomes nonanfnnging. 15. INSOLVENCY. If We Sella stall become insolvent or baakmpt, make an assigmnmt for the benefit of creditor, appoint a paciver or reactec for any of me Sellers property or business. Was order May forthwith be angled by she Professor warrant liability. 16. GOVERNING LAW. The definition ofit. used or the interymommin of she agreamem and me rights of all parties hereunder shall be computed under end gnamed by she laws office State of Colorado, USA. The following Additional Condition apply only in cases where the Sella is to perform work hereunder, including she services of Sellers Represenawafs), on We premises stomata. U. SELLERS RESPONSIBILITY. The Seller shall any oar said work at Sellers own risk until the come is fully compined and accepted, and shall, in u of any accident, destruction or injury in she work aador materials befom Sellers final completion and acceptance, complete the isurk at Sellers own expense and In she satisfaction of the Purchaser. When materials and equipment are fuardshed by others for installation or or by me Seller, the Seller shall receive, unload, stare and handle more at the site and become responsible therefor n though such remains arbor equipment were being famished by the Seller under me oaer. 18. INSURANCE The Sella shall, at his own expense, provide for the payment of workers compensation, including occupatimid disease benefits, to as employes employed on or in connection wash me work covered by Nis purchase order, anba to their dependents in accordance wish the laws of the state in which the work is to be done. The Seller shall also may comprehensive ground liability including, but not limited to, comr teal and automobile public liability form a wish badly injury and death limits of at least $300,000 for any one person, S500.000 for any com accident and peopeay damage limit per accident of S400,000. The Seller shall likewise require his contmcroa, if my, m provide for such compensation and anumnce. Before my of the Sellers or his contmctors employees shall de any work .,.am premises of nshous me Sellershall f ish thr Purchaser with a eemrcare rust such compensation and incrom nce have been provided. Such cenifialm shall specify the der when such reorientation and insurance have ban provided Such certificates shall specify the der whom such compensation and insurance expires. The Seller agrees that such compenation and announce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume We entire responsibility and liability for any and all damage, loss or injury of any kind or astute wharsoever m person or property armed by or resulting from We execution ofthe work provided for in this purchase order as in connection hommilh. The Seller wall indemnify and hold harmless We Purchaxr and any or all of me Purchasers officers, agora and cmployas fmm sad again, my and all claims, Iorscs, damages, charges or expenses, whether direct or indirect, and whether to persons or property, to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pm of me Seller, any of his contraction, or my of the Sellers or contractors officers, agents or employees. in case any suit or offer preuver inga shall be brought against she producer, cer, or its officers, agents or employees at any time on account or by rwmn of any m1, .,ran, neglect, omission or default of the Sella of my of has contractors or any of its or their officers, agents of employees as aforesaid she Sell,, hoary agora to comma der defense thereof and to defend the ume to me Sellers own expense, to pay any and all cosh, charges, auomeyx fees and other apemen, any and all judgmms shot may be incurred by or obaaned against me Purehssa or any of as or their oRcers, agents or employees w such was or other proceedings, and in case judgment or other lien be, placed upon or obtained against the property, of the Purchaser, or said parka in or as is result of such mils or other proceedings, the Seller will at once cause the same to W dlnolved and discharged by giving bond or oherwlse. The Seller and his contractors shall take all safety procautions, famish and mall all guard necessary for me prevention of accidents, comply with dl laws and nightmares wish regard to safety including, but washout limitation, me Ocesipatioml Safety and Health Act of 1970 and all ales and mgd armw issued pursuant thenar. Reused 01R014