Loading...
HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9150550Fort Collins Date: 01/22/2015 PURCHASE ORDER Vendor: 102624 PLATTE RIVER POWER AUTHORITY TIMBERLINE & HORSETOOTH RDS FORT COLLINS CO 80525 PO Number Page 9150550 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/22/2015 Buver: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price PRPA ANNUAL FIBER LEASE 1 LOT LS 2015 - BSINGLETON PER INVOICE #4724 DATED 1-5-15. 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 9,141.12 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWANER. W-04502. Federal Excise Tax Exemption Cefificwe of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref, Colorado Revised Stories 1973, Chapter 39-26, 114 (a). exercise any rights eu remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval .fee design, shall not reease 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 waiver of any right of the damage in tmosiq may be remmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Purchaser opeme as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. harbor Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust rgood ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Pumhare. Theretnfrrefor cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims n may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, ]m Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating W me particular goods or services otherwise speaufed on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accomvanv invoice. Additional charges for packine will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permins. Seller shall procure at sellers sale at all necessary permits, cefifiwtes and licenses occurred by all applicable laws, regulations, ordinances and roles of the state, municipality, tomrry or political subdivision where the work is performed, or required by any other duly censored public authority havingjurisdiction over the work of vendor. Seller fonder agrees le hold the City of Fort Collins harmless Gam and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona file and possess full and ..plain authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance W Ne terns and conditions stated herein set Truth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refrenec Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive or your promised delivery dale as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and is documents muched hereto, No acs of she Purchasers including, without limitation, acecptanee.f partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition W other legal and equiable 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 to causes not reasonably foreseeable which are beyond its reasonable conned and without its fault of negligence, such acts of God, ants of civil or military authorities, gocom r eptal priorities, fires, strikes, flood, epidemics, wars or riots 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 any 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 Seller warrants that all goods, articles, materials and work covered by this order will confm with applicable drawings, implications, samples and/or other descriptions given, will be fit for Eye purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser homeless from any loss, damage or expense which the Purchaser may sufferor Incur on narrow of the Sellers breach of warrty. Th ane Seller shall replace, rep nit or muse good without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the moms of any applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulling from imperRct ar defective work done or materials famished by Ne Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but 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. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mutts by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including addurrow m or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Prudence may at any from by written cbange order, terminate this agreement as co any or all punions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profs 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 respect to any goods which are the Sellers standard stock No such termination sM1all relieve the Purchaser or he Sella of any .fiber, obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjnatmenl most be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in sme, compliance with all applicable laws and regulations to which 6e goods are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from .11 costs and damages suffered by the Pawlewt r as a rival, of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, Vans@a or convey this order, or any monies due or to become due hereunder without Ne prior written aorsmt of the offer parry. Ill. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, Gee and clear of any and all lines, restrictions, reservations, seventy interest encuo ormar,s and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs she Seller. correct nonconforming or defective goods by a data W beagreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness he comply, fire Purchaser may cause the work W be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier firm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in she event of fault of radioactive of the parry released and shall extend to Ne diredoq effects and employees ofsuch P.M. The Sellers communist obligations, including warranty, shall not b, deemed to be reduced, in any way, because such work is performed or caused W be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited to use any design, device, material in pmeess covered by letteq patent, trademark or copyright, Ne Seller shall indemnify aid save bemless 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 the contract, and shall indemnify the Purchaser for any cost, expense or damage which n may be obliged to pay by reason of such infringement at any time during the prosecution or after the complelmor of Ne work. In case said equipment, in any pan thereof or the intended use of the goods, is in such suit held to cotutimte confinement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, tithe pmmre for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naNntringing equipment, or modify it so it becomes war infnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for she benefit of creditors, appoint a 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 definitions ofterrs used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be committed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in awas where the Seller is to perform work hereunder, including Ne services of Sellers Rawasiotative(s), on the promises .fi ers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such Vandals and/or equipment were being fumished by the Sella under the 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 emanation with the work coveted by this purchase order, and/or W their dependents in accordance with the laws of she state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability loawenre with Iwdlly in]nry and death limits of at least 5300.Wo for any our person, S5t1Q000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his antmcton, if any, to provide for each compensation and inamence. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a conifiwte that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imurmce shall be maintained until afer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, loss or injury army kind r nature whatsoever to pesors or property caused by or resulting from the execution arthe work provided for in this purchase order or in connection herewith_ The Seller will indenmify and hold hmmless the Purchaser and any r all of the Purchasers oRcers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether W persons or property to which the purchaser may Ea put of subject by reason of any act, action, neglect, omission or default on the part of Ne Sailer, any of his contractors, or any of the Sellers or mntractors officers, agents or employees In case my suit or ether proceedings shall be brought against Ne Purchaser, of its officers, agents or employees at my nose on account or by reason ofery act, action, neglect, omission or default of me Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and W defend the same at she Sellers own expense, W pay any and all costs, charges, attorneys fees and other expenses, my and all judgmens that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obaned against the property of the Purchaser, or said parties in or as a result of such mis or other proceedings, Eye Seller will at once cause the same or be dissolved and discharged by giving bond or otherwise. The Seller and his cowmdors shall take all safety precautions, fiunish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pwromt therno. Revised 0712014