HomeMy WebLinkAbout102624 PLATTER RIVER POWER AUTHORITY - PURCHASE ORDER - 9147509PO
PURCHASE ORDER 914750er Page
�.1171 of PURCHASE
9147509 t of z
' `t Collins
lies This number must appear
V ` on all invoices, packing
sli s and labels.
Date: 12/19/2014
Vendor: 102624
PLATTE RIVER POWER AUTHORITY
TIMBERLINE & HORSETOOTH RDS
FORT COLLINS CO 80525
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/19/2014 Buver: ED BONNETTE
Note:
Line
PER PRPA PROPOSAL DATED 11/13/14 FROM MIKE SLAVICK AT PRPA TO
CITY OF FORT COLLINS. RESPLICING PFA SLATENIOLET FOR WDM
CONVERSION. TIME AND MATERIALS CONTRACT.
Description
1 RESPLICING PFA SLATENIOLET
FOR WDM CONVERSION
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
UOM Unit Price
1 LOT LS
Pay terms net 30 days
Invoice Address:
Price
2,275.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDEfAILS.
TO. exemptions. By mature the City of Fon Collins is exempt from state and local tax.. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Swimce 1973, Chapter 39.26. 114 (a).
Goods Rejared. GOODS REJECTED due to failure to meet speci frictions, either when shipped or due to church, of
damage in tmmil, may be resumed to you for credit and are not to W replaced except upon receipt of wdncn
isuucdom from the City affront Collins.
Inspection. GOODS ate subject in the City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response . this order can omh in
authorized payment on the pan of rise City of Fort Collins. However, it is to be undersluod that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection pnscedures.
Freight Terms. Shipments must Ise F.O.B., City of Fan Collins, 200 Wood St., Fort Collins, CO 80522, unless
Otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must aoompany invoice. Additional charges for pecking will tat be accepted.
Shipment Distance. Where manubcmrers have distributing points an vadow parts of the country, shipment is
expected from the nezrm diut Tution point to dectimtion, and excess fight will be deducted from Invoice when
shipments are made from Sumter distance.
11. NONWAIVER.
Failure of the Purchmer to insist upon strict performance of the tames and conditions hercaf, faibre or delay to
exemisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, e the acceptance ofor payment for goods hereunder or approval ofNe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
pach.er to insist upon inner performance hereofor any of its rights or manedics as to any such goods, regardless
of when shipped, received or accepted, as to any prior or surnamed default hereunder, tar shall any purported
oral modification or reaches on of Nis purchase order by the Purchaser course as a waiver of any of the tenor
lrereaf.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise that in actual economic practice, o ercherges resulting from antitrust
violations are in fact home by the Purchmer. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby msigus to the Purchaser any and all claims it may now have or hereafter
acquired under federal or score ami ust laws for such overcharges relating to the particular goods or services
purchased or cquircd by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Parebmer directs the Seller m correct nonconforming or defective goe is by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its mabiliry or unwillingness to comply, the Purchmer
nay cause the work to be performed by the most expeditions ream available to it and the Seller shall pay all
costs assmiated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenificmes end licensor required by all
applicable laws, regulations, onlinanees and miles ofthe state, municipality, territory or political subdivision where
tlm work is performed, ar required by any Other duly cmayitmed public authority havingjori u lotion over the walk
of vendor. Sella further agrees 10 hold the City of Fort Collins harmless from and against all liability and Into;
incurred by them by reason of m asserted or established violation of any such boos, regulations, ordirancm, ales
and fixmorraw,
Authorization. All parries to lhis contract agree that the representatives are, in fact, bona fide and possess full mad
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mums and conditions stated
herein set forth and any supplementary or additional mum and conditions annexed hereto or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your
promised delivery dam as noted. Time is of the essea<. Delivery and performance must be effected within the time
sated on the purchase order cord the domments Waited hefcto. No acts of the Pumhmces including, without
limitation, acceptance officinal late deliveries, shall .,cram m a waiver of Nis provision. In the evcar ofmy delay,
the Purchaser shall have, in addition to other legal and aluimble remedior, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays
due to causes not memorably foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts of civil or military authorities, governmental priorities, Tres, strikes, flood, epidemics, wan err
riots provided that notice of the conditions causing such delay is given to the Purchma within five (5) days of the
rime when the Seller Erst received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella wataats that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, sample, aeNlar other desorip o ms given, will be fit for the purposes intended, and
performed with the highest degree of rare and competence in accordance with accepted standards for work of a
similar aware. The Seller agrees to bold the purchaser hails from my loss, damage or expense which the
mer Purchmay sufferer Incur on account of the Sellers breach of wananry. The Sella shall replace, repair or make
good, without cost W the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prevenbcd by Law or by the terms of any applicable warmly provided by the Seller after the dam of
acceptance of the goods famished hereunder (acceptance not to be communicably delayed), resulting from imperfect
or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchmer shall not
consume a waiver of any claim coda this warranty. Except as otherwise provided in this purchase Order, the Sellers
liability hereunder shall extend m all damage, proximately caused by the brooch of my of the foregoing warranties
or guarantees, but such liability shall in m event include loss ofpmfits or lass of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FFI NFSS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase, may make changes to legal terms by wnnen change Order.
5, CHANGES 1N COMMERCIAL TERMS.
The Purchaser may make any changes to the more, other than legal terms including aWitiors W err deletions loam
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change aRects me amount due or the time ofoomemencerace hereunder, an equitable adjournment shall he made.
6. TERMINATIONS.
The Purchaser may a1 Any lime by wrinea change order, mnnicam this agreement m to any or all Iscmiow of the
goods then not shipped, imbal to any sluiwblc adjustment between the ponies m to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work. for incidental
ncide sal or consequential damages and that no such adjustment be made in
favor of the Seller with respect to any pods which arc the Sellers standard sack. No such nomination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within they, (30) days from the the the change or temination is
arched.
S. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have ban practiced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goads are subject. The Seller shall wame and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations criminal to Is,
ncorpomted in agreements of this character arm hereby incorporated herein by this reference. The Seller agrees m
indemnify and hold the Purchaser moralist, boom all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Parry, shall quip, mandta, Or eom'ey his oNer, or any moves due or to become due hereunder without the
Prior wro m cosant ofhe other pay.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all exidpment materials, and items famished
in performance of this agreement, free and clear of any and all lies, restrictions, rmervatiors, security inmmel
incumbencies and claims of others.
The Seller shall release the Purchmer end its contrecmn of any her from sell liability and claims of any nature
resulting from the performance ofsuch work.
This releae shall apply even in the event of fault of negligence of the party relewW and shall extend to the
dimraw, otlnars and employees of such party.
The Seller's contractual obligations, including warmly, shall not W dared a be reduced, is my way, because
such work is pert ed m roused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to we any design, device material or process covered by letter, patent, trademark
or copyright, the Seller shall indarmily and save hanals the Purchmer from any and all 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 cost, expense or damage which it may be obliged to pay by reason of such
Infringement at any time during the prosecution m after the rompleion of the work. In case said equipment, or
my pun thereof or the intended use of the goods, is N such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expeam emd at its option, either pressure for the
Purchaser the right to cominue wing said equipment or parts, replace the sane with substantially equal but
noninMnging equipment or modify it so it becomes noninfdnging,
15. WSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of erectors, 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 defuitions oftermv used Or the intapreation ofthm agreement aM the sights of all lames hereunder shall be
construed worker and gmanned by the laws off Some o17C.1woo a, USA.
The following Additional Conditions apply only in caste where the Seller is m perform work hereuMa,
including the servicesof Sellers Repreunative(s), ou the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Sella shall carry, on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work motor mmedals before Seller's firal completion and
acceptance, complete the work at Sellei s own expense mad to the satisfaction of the Pmchmer. When materials
and equipment are fumified by others for installation or auction by the Seller, the Seller shall receive, mined,
store And handle same in the site and be=ora tespowible therefor as though such rwtmals aodlar equipment
were being fifirrie dby the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease bat to its employees employed an or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability i-holing, bur not limited m, mmmem.1 arW automobile public
l curry insurance with bodily injury and condo limits of at least S3011000 for any one person, S500," for any
accident and property damage limit per accident of S400,000. The Seller shall likewkm requite he.
contractors, if any, 1. provide for such comprnsation mad i.ac. Before my of Ne Sellers or his c.iaae.
employees shall do my work upon the premise ofothers, the Seller shall marsh the Purchases with a couream
that such compensation and insurance has<ban provided Such cenifcates shall specify the date when such
compensation and insurance have been presided. Such cenifmte shall mpaify the dam when such compensation
and toucan¢ expires. The Seller agrees that such c.mpcsmio t and insurance shall N maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss of injury ofany kind
or nature whatsoever to persons or pmpemy caused by or resulting from the execution of the work provided for in
this purchase oNer or in connection herewith. ll a Seller will indemnify and hold hail. die Purchaser and any
r all of the Purcbmers .Ricers, agents and employee from and against any and all claims, losses, damages,
charges or expenses, whether direct err indinal, and whether 1. persons.. ... Perry to which the Purchmer may
be put or subject by reason of any act, action, neglect, omission or default on the ham of the Sella, my of his
contactors, or my of the Sellers or compilers offcm. agents or employees. In more any Wit M other
proceedings shall be brought against the Purchmer, or its ofrers, agents or employees at my time an account or
by reason of any act, action, neglect, omission or defmll of the Seller of any of his encomiums or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, in pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments the may be incurred by ar obtained against the Purchaser or any of its m their oRcers,
agents or employees in such suits of other proceedings, and in case judgment or other lien be platted upon or
Worried ameart the property of the Purchmer, or said Irma in or an, a result of such suits or other proceedings,
the Sella will m once cause the same to W dissolved and discharged by ®zing bond or otherwise. The Sella and
his com actors shall take all safety precautions, furnish and iwall all guaNs na.sary for the privation, of
accidents, comply with all arms and regulations with regard m safety including, but without limitation, the
Occupational Safety and H.Ith Act of 1970 and all ales and regulator issued pursums therein.
Revised O12014