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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 3215308Fort Collins Date: 01 /13/2015 PURCHASE ORDER Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE 8 HORSETOOTH RDS FORT COLLINS CO 80525 PO Number Page 3215308 1of2 This number must appear on all invoices, packing slips labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description uuantlty UOM Unit Price Extended f1.An.ni1 I Locating Services 1 LOT LS THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 'ice )i 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 30,000.00 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 Cmiltons Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from site and local taxes. Our Exemption Number is 11, NONWAIVER. 98-64502. Federal Excise Tax Exemption Canifcare of Registry 84-6000587 is registered with the Call., of Failure of the Purchaser to ircont upon canet performance of the terms and conditions heraff, failure or delay to Internal Revenue, Deaver. Colorado (Ref. Colorado Revised Stmutes 1993, Chapter 39-26. Ili (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a brunch, den acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waver of my right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pwponed oral nwdifcarmn or rescission of this purchase order by the Purcham operate as a waiver of my of rue terns Inspection. GOODS are subject to the City of Fon Collins in faction on o rural. hermf Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorixd payment on the pert of the City of Fog Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antionest ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, fire Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most Im F.O.B., City of Fog Collins, 010 Wood Se, Fort Collins, CO 80522. unless acquired order federal or state antitrust laws for such overcharges raising to the particular goods or services otherwise specified on this order. Hpamis ion is gism to prepay freight and charge separately, the original freight purchased or acquired "a Purchaser pursuant Or this purchase order. bill most accompany invoice. Additional chargnt for picking will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice whin shipments are made from greater distance. Permits. Seller shall procure at sellers mile cost ell necessary Permi¢, certificate and licenses required by ill applicable laws, regulations, ordinances and Pules of the seam, meicipahry, territory of political subdivision where the work is performed, or required by my other duly commanded public warranty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of m asserted or established violation of my such laws, regulations, ordinances, rules and requirements. Authwicamon. All parties .,his corgrag agree that the representatives tie, in fact, bona fide and possess full and mmplem authodry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions aimed herein set with and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you emnot make complete shipment to arrive an year promised delivery dye as noted. Time is of the essence. Delivery and performance most be eRected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, wnthout limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable 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 a result of delays due in causes not reasonably foreseeable which are beyond is reasonable control and without its fault ofnegligence, such acts of God acts of civil or military awhorides, goversunmtil pnmities, fires, strikes, Flood epidemic, wars or nos provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the proud equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants first all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other deseriptions giver, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a -similar nature. The Seller agrees to hold fire purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of nonanry. The Seller shall replace, repair or make good without cost to the purchase my defects or faults arming within one (1) year or within such longer period of time as may be prescribed by law or by the isms of my applicable warranty provided by the Seller after the dam of acceptance of the goods furnished hereunder (acceptor¢ not to he unreasonably delayed), resulting from imperfect or defetive work done or materials famished by the Seller. Acceptance or use of goods by fire Purchaser shall not co mouse a waiver of my claim under this warmry. Except as mherwse provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warmties, or gamager, , ben such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make magma a to legal terms by written change order. 5. CHANGES IN CONBHERCIAL TERMS. The Purchaser 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 women change order. If my such change affects the amount due or the time of Perfrm rmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may many time by written change order, terminate this spectator as to any or all portions of the gaol then not shipped, subject to my equitable adjustment between the parties as to my work or materials than in progress pruvided that the Purchaser shall not be liable for any claims for anticipared profits on the uncompleted Fashion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my good which we the Sellers standard sock. No such termination shall relieve the Purchaer or the Seller of my of trait obligations as to my good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WF H LAW. The Seller warrants that all goods sold hereunder shop have them products sold delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreemms of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from 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 assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor women consent of the other parry. to, TTU E. The Seller warrants full, clear and unresmctM title to the Pumhaaer for ill equipment materials, and items famished in Performmce of This agreement free and clear of my and all lies, restrictions, intervenors, security interest encumbrances and clams clearers 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller ro correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious means available to it and the Seller shall pay all casts usociatad with such work. The Seller shall release the Purchaser and its commurom of my net from all liability and chins of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of fire parry released and shall extend to life directors, edcam and employees of such party. The Sellers exam actual obligations, including waranry, shall not be deemed to be reduced in my way, because such work is performed or caused in be Performed by the Purchaser. la. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patem, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser firm my and all clams for infringement by reason of the use of such patented design, device, material or process in connectian with the contract and shall indemnify the Purchaer for my con, expense or damage which it may be obliged to pay by reason of such infringement at my tlme during the prosecution or after the completion of the work. In case said equipment or my pm thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of sad equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for fire Purchaser the right ro continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes raninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankfupr, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers pmpw y or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions of terms used or fire interpretation wife agreement and the rights of all parties hereunder shall Is, eonsuued under and governed by the laws of the Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprammative(c), on she premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall wry oa said .,it at Sellers own risk weal the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work mdsor nratenils before Sellers to" mmpla gar and acceptance, complete rise work at Sellers own expense and to the satisfaction of the Purchaser. When grommis and equipment are fumiahed by when for mumbling or erection by fire Seller, rife Seller shall receive, unload, store and hurdle same at the site and become responsible therefor as though such matends anchor equipment were being famished by the Seller under the order. 19 INSURANCE. The Seiler shall, a his own eemve. provide for the payment of workers compensation, including occupadorW disease benefits, to its employees employed on or in correction with the work covered by this purchase order, and/or ro 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 including, but not limited m. contractual and automobile public liability insurance wain bodily injury and death limits of at least s30cma, for any one person, 6500,000 for any one accident and property damage limit Per accident of S000.000. The Seller shall likewise require his contractors, if my, to provide for such compmsadon and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises ofothers, the Seller thal famish life Purchaser with a catificare that such compensation and insurance have been provided. Such certificates shall specify life date when such compensation and insurance have been provided. Such cmtif calm shall specify the date when such compensation and insurance expires.'Me Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby summers lire more responsibility and liability for any and all damage, lessor injury of any kind or nature whatsoever to persons or property caused by or imaging from the execution whom work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, ages and employees fmm and against my and all clams, losses, 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 my act action, neglect omission or defmlt on the part of fire Seller, my of his contractors, or my of the Sellers or contactors officers, agents or employees. In case my suit or other proceedings shill be brought against fire Purchaser, or its officers, agents or employees in my 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 of their officers, agents or employees as aforesaid the Seller hereby agrees to assume file defense thereof and to defend life same or the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or crowded agamen the Purchaser or my of its or their officers, agmb or employees in such suits or ether proceedings, and in case judgment or other Iran be placed upon or obtained against the property of the Purchaser, or said partia in or as a result of such suits or other procedings, the Seller will in once cause fire same to be dissolved and discharged by giving bend or otherwise. The Seller and his conuactors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fire Occupational Safety and Health Am of 1970 and all rules and regulations issued pursumt the ors, Revised 07f2014