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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9150524PURCHASE ORDER PO Number Page City, of PURCHASE 9150524 1012 ' `t( olI I „s This number must appear ` V l 1 1 on all invoices, packing sli s and labels. Date: 01/21/2015 Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RIDS FORT COLLINS CO 80525 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/21/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Energy Purchases 1 LOT LS 84,569,000.0 2 2015 Renewables 1 LOT LS 1,824,000.00 Purchased on Tariff 7 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 $86,393,000.00 Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statue the City of Fort Collins is exempt from state and lad taxes. Our Exemption Number is 11. NONWANER. 98-04502. Federal Excise Tax Exemption Cenifidow of Registry 84-6000587 is registered with the Collator, of Failure of the Purdasxf to insist upon stria performance of the terms and conditions hereof, failure or delay to mmmd Revenue, Deaver, Colorado (Ref. Colorado Revised Sammy 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofOr payment for goods hereunder or approval of the design, shall not deme the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the waanfd or obligadotss of this pumhase order ad shall trot be deemed P waiver of any tight of the damage in transit, may be returned to you for credit and are not to he replaced except upon receipt of writen pu druser to Panic upon said performance harmfor any of its rights or remedies as to Pay much goods, milaNlaa instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hism nda, nor scull any purposed oral modification or rescission of this purchaws oNer by the Purchaser organic a a waiver of any of the corms Inspection. GOODS see subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the madm im, arvkes or equipment in mpo as to Nis oNer an Paul, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthorids) payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser raagrtue cast in actual a is practice, overcharges resulting fmm mtimut ACCEPTANCE is dependent upon completion of all applicable required inspection procd na: vioons latiarc to fact home by the Purchase. Theretofore, far good reuse ad a consideration for executing this purchase oNer, the Seller hereby msiga ro the Purcbasur Pay and all claims it may now have or hereafter Timid, Trans. Shipments most be F.O.B., City of Fort Collins, 200 Wood St., Fort Collins, CO 80522. unless acquired codes fdeml or sate eonwnt laws for such ovend arges relating to tha particular goods or services otherwise specified on this oNer. If permission is given Is prepay freight end charge separately, don original freight purchued or acquired by the Purchaser parson, to Otis purchase Peter. bill mast ammanv invoice. Additional chorea for tacking will sat be aerated. Shipment Distance. Where manufacturers have dimibuting points in common, Pans of the country, shipment is expected fro the vedrest distribution point to dedication, and excess freight will far deducted from Invoice when shipments are made flown greata distance. Permdts. Seller shall procure at sellers sole cost all urrsary partits, uttifates and licenses acquired by all applicable laws, regulations, mdiman snd miss of the state, municipality, tertiary or political subdivision whet, me work is performed, or required by nay other duly constituted public authority havingjuddiction over the work of vendor. Seller former agrees to hold line City of F. Collins harrnlm from and against all liability ad con incurred by them by reason of an sssertd or amblishd viol aion of any such laws, regulations, ordinances, tales and Pr,Pmnems. Autlwm lion. All parties to Nis cantmet agree that the representatives are in fact, bona fide ad possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits mcepaaa a the terns end ronditimis staid herein set form and any supplementary or additional isms and conditions annexed hereto or incorporated herein by reference. Any oddiumsal or i i@rem terms and corshu is proposd by seller are objected to end hereby rejatd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to emus oa your promised delivery date a noted. Time is Of the amerce. Delivery and perfnrmmce most be dlecaed within me time said on the purchnc Order and the documents attached hereto. No acts of th, Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable Parodies, 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 reamnably foreseeable which are beyond its metastable coastal and without its fault of negligence, such acts of Gad, Pals ofdvil or military authorities, governmental priorities, lines, snakes, clod, epidemics, wars or Pon provided that notice of the conditions causing such delay is given to the Purchases within five (5) days Of the time when the Seller first received knowledge thereof. In the event of any such dole, the date ofdelivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller warrants than all gon1s, articles, materials and work covered by this order will mnfoan with applicable drawings, specifications, samples Pat other descriptions given, will be fit for the purposes intended, and performed with the highest degree of arc and competence in accordance with accepted sandaNs fur work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Pumhxser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make god, without cost to the purchaser, say damret art faults arising within one (I) year or within such longer peril of time as may be prescribed by law or by the terms of any applicable warmly provided by the Seller after the date of acceptance of the goods famished hereunder (accapance not to be unreasonably delayed), molting from imperfect or defective work done or mammals fumishd by the Sella. Accep save or use of gilds by the Purchaser shall not constitute a waiver of my claim under this warranty. Exact a otherwise urovidal in this purchase orde, the Sellers liability hereunder shall extend to all damages proximately caused by the breach or gmmntces, but such liability shall in no event include loss of profs or loss of OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by xnnen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal mans, including addition to or deldions from me quantities originally ordered in the specifications or drawings, by verbal or wmnan change order. If my such change effects, the amount due or the time of performance hereunder, an equitable w1justnrcrat shall be made. 6. TERMINATIONS. - The Purchaer may at my time by wrinrn change odes, terminate this agreement a to any or all podioa of the goods then not shipped, subject to my midair djatmmt between Ne parties as to any work or materials then in mpgren provided that Ne Purthaa shall wit be liable fur my claims for anticipated profits on me uncompleted portion offer goods aWor work, for incidental or conscqucntal damage, and that as such adjustment be made in favor of the Sella with respect to any goods which we the Sellers eandand stock. No such transaction shall relieve Be Purchaa or the Sella of nay ofild, obligations as m my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djustment must be warned within thirty (30) days fmm me date the change or temdtation is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods old beauMa shall have been produced, sold, delivered ad fumishd in strict compliance with all applicable laws and regulation to which the good are subject. The Seiler shall execute ad deliver such documrna ss say be ra3uired to chid or evidence complimce. All laws and miguli timer, squired to be awar,meted in agreements of this character are hereby incoForward herein by this refcrena. The Seller agrees to indemnify and hold Ne Purcbaer, harmless from ell cans and damages suRerd by me Parch wer as a real, of Ne Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, Or convey this order, or any mania due or to become den hereunder without the prior written cogent of the other partly. I O. TITLE. The Sella warawas full, clew and unrsmcted title to the Purehaa for all equipment. materials, and items fmishd in prannumad, of this elic rman. Gee and dear of any and ell liens, mstddions, awamfloa, adtniry interest encumbrances ad claims of omen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaer directs the Seller m r nonconforming or defective goods by a dare to be agreed upon by the Pwchsser and Ne Seller, and the Seller themRa i adipra its irabiliry err unwillingness to comply. Ne Purchased stay rouse the work an be pert d by the most expedidaus meta available to it, end the Sella shall pay all cosy associated with such work The Seller shall release the Purchaser and its contractors of my tin firm all liability and claims of my nature rending from Ne performance ofmch work. This release shall apply even in the event of fault of mgligence of the party released and shall extend to the directors, olEcers and employees ofauch pony. The Settees mnmmml Obligations, including wamnt ,shall not be deemed an be reduced, in my any, because such work is performed or caused to be peK rend by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark r copyright, the Sella shall indemnify and save harmless the Purchases fmm my and all claims for infringement by reason of the use of such posited design, device, material Or process in correction with the contract, and shall indemnify the Purchaser for any cos, expense or damage which it may be obliged to pay by reason of such infn'ngemem at any time during the prosecution or after me completion of the work. In rase said equipment, or any pan thereof or the intended use of the guods, is in such suit held to coalitate infringement and the use of said equipment or Pan is joined, the Seller shall, at its own expense and at its option, either procure for me Purchaser me right to continue using said equipment or pma, replan the same with substantially equal but noninfnging equipment, or modify it so it becomes noninftinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of ecdon , appoint a Pariver or trustee for any of the Sellers pmperty or business, this oNer may forthwith he canceled by the Purchaer without liability. 16. GOVERNING LAW. The definitions oftems and or the interpretation of the agreement and the rights of all parties hereunder shall be onsrued under and govemd by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the service, of Sellers Rrpmuoa ads), on me premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work 0 Selleta own risk writ the same is fully completed and adopted, and shall, in se of my accident, destruction or injury to the work mdaor materials before Seller's fiml completion and acceptance, complete the work at Sella s awn expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for instillation or erection by the Seller the Seller shall receive, unload, store and handle same at the site and become resporeible therefor in though such materials mtor equipment were bangf ndod by the SelleruMer me order. 18. INSURANCE. The Seller shall, at his was expense, provide for the WYmrnt of workers compensation, including occupational disease baefits, to its employees employed on or in connection with the woh covered by this purchase order, mdror to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but mi limited to, contramal and automobile public liability imorauce with bWily Post, and death limits of,a lout S300,000 for my one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide fro such arnimat tlon and iaumme. Before my of tbe Sellers or his commctors employees shall do my work upon the premises of others, the Sella shall Garnish the Purchaser with a unifate Nan such compeaation and issuance a have been pmvidd. Such eenifiana shall apaify the date wben such compeasatim and insurance have been prockkA. Such certificates shall specify the date when such compensation ad insurance expires. The Sella agrees chat such mmpertalion end insurance shall be maintained until after the entire work is completed and Paaptd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the -am mponsibiliry ad liability for any and all damage. loss or injury of my kind r nature whaa«yer to person or property anted by m reading fmm B e execution fthe work provided fro in this purchase order or in mmatian herewith. The Sella will indemnify and hold hvmleas the Purchaser and my or all of the Pure officers, agents said an kiyas from and against my ad all claims, I., damages, chargers or expenses, whether dfct Or iodine, and whether to persons to property to which the Purchaser may be put or subject by reason of my act, atits , ncglerl, omission or default on the pan of But Sella, my of his contractors, or any of the Sellers or contractors officers, agents or employces. In caws my suit or other proceedings shall be brought against the Purchases, or its Officers, agents Or employers at my time on Gaunt or by cannot of my act, action, added, omission or default of the Seller of my of his cantredon or my of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume Oar deli thereof and an defend the tame at the Sellers own expense, m pay my ad all mils, charges, moans s fees ad other mpeaes, any ad all judgments that may be untamed by or obtained against But Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and m cave judgment or other lien be placed upon or obainal agaim, the property ofhe Purchaser, or said parties in or a a malt of such suits Or oNer procedings, the Sella will at Pace drove fe same to be dissolved and thwharged by giving bond Or otherwise. The Sella ad his contractors shall aka all safety predictions, fmish and install all grounds nesesary for the prevention of acidents, comply with all laws and regulations with ageN o safe, including, but without limitation, the Occupational Safety and Health Ad of 1920 and ell rules and regulations Paced pursmnt harem. Revised 02Q014