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HomeMy WebLinkAbout462200 NEI ELECTRIC POWER ENGINEERING INC - PURCHASE ORDER - 9122430Fort Collins PURCHASE ORDER PO Number Page 9122430 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 04/25/2012 Vendor: 462200 Ship To: ELECTRIC UTILITIES NEI ELECTRIC POWER ENGINEERING INC CITY OF FORT COLLINS PO BOX 1265 700 WOOD ST ARVADA Colorado 80001 FORT COLLINS Colorado 80521 Delivery Date: 04/25/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Biomass Power Plant 1 LOT LS 17,760.00 Total $17,760.00 C3. Oil��%26� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Mother is I I. NONWAIVER. 95-0,/502. Federal Excise Tax Exemption Ccnificatc of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser Io insist upon strict performance of the tears and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance ofor 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 In 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 transit. may be onamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfommnce hereof or any of it 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 purported oralmodification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Too Collins inspection an arrival, hereof. 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 pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations ate in fact borne by the Pnrchascr. Theretofore. for good cause and as consideration for executing this purchase onler, the Seller hereby assigns to the Purchaser any and all claims it may now have or herea0cr Freight Terms, Shipments most be F.O.N., City of Fen Collins, 700 Wood St.. Fort Collins CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods of services athcn,ise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pumhascr pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthc Purchaser directs Ilene Seller to correct nonconforming or defective goods by a drue to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed. or required by any when duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and Ins, incurred by them by reason of an as%cncd or established violation of any such laws, regulations, ondinances, roles wad requirements. Authrdzalion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions stated herein set forth and any supplementary or additional teats and conditions annexed hereto or incoromted herein by reference. Any additional or di❑'crcnt terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence Delivery and performance must be effected within the time stated an the purchase order and the doeumcros attached heroic. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition In other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hmvever. the Seller shall not be liable for damages as a result of dclnys due to eases not reasonably l resecable which am beyond its mnsonable central and without its fault of negligence. such acts of God, acts ofcivil or military authorities, govemmcnml priorities. fires, strikes, fond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications samples and/or other descriptions given, will be fit for the 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 harmless from any lass, damage or expense which the purchaser may suffer or incur on account of the Scllcrs breach of uaranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Ire or by the terns ofany applicable warranty, provided by the Scllcr after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grad by the Pnrchascr shall not constitute a waiver ofany 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 ofthe foregoing am. mics or guarantees, but such liability shall in no event include loss of profits of Ins%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 Icgnl terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions tram the quantities originally ordered in the specifications or drawings, by vcrbal o ,,iucn change anfc,. If any such change affects the amount doe or the time of performance hereunder, an equitable adjustment shall be ntade. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser .shall not be liable for any claims for anticipated profits no the uncamplmcd ponion 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 good which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser of the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or arrommion is ordered. 9. COMPLIANCE WITH LAW. The Scllcr wanants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict 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 agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pmehawr hammlex from all casts and damages sdTered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to became due hereunder without the prior written consent of the other pane. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser far all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors ornate tier from all liability and claims of any nature resulting from the Performance of such work. This rcicaa, shall apply even in the event of fault of negligence of the pare released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligainns, including van, my. shall not he deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mnteial or process covered by Icncr, patent trademark or copyright, the Scllcr shall indemnify and save harmless 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 it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipmeat or pans, replace the saute with substantially equal but nnninfriaging equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bcacft of creditors, 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 definition, c f lamas used or the interpretation ofthe agreement and the rights ofall panics herennder shall be construed under and governed by the laws ofthe State of Colomdn, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcr, including the services of Scllcrs Repmsentatise(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller 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 mad/or material, before Scllcr', final completion wad neceptunec, complete the work at Seller's own expense and to the smisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. ,lore wad handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including ac upatiamal disease hcnefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but art limited to, contractual and automobile public liability insurance with bodily injury and demh limits of m Icast S3n ,ono for any one person. S500.000 for any one accident and pmpeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if uny. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall des uny work upon the premises of others the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided, Such cenificmes.shall specify the date when such compensation and insurance expires. The 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 huebv nx umes the entire responsibility and linhility for any and all damage. Inns or injury ofany kind or nature whatsozvcr to persons or proper' caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold burns ss the Purchaser and any r all of the Purchasers o0iecm. agents and employees from and ago inst any and all claims. loxes. damngcs, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser nmv be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors offmcm, agents or employees. In ease any suit of other proceedings shall be brought against the Pnrchascr. or its officers. agents or employees at any lime on account or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid. the Seller busby agrees to assume the defense thereof and to defend the ac me at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny ofthe Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaulinns, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regrdations with regard to safety, including. hot without limitation, the Occupational Snfcty and Health Act of 1970 fad all odes and regulations issued pursuant therctn. Revised 03/2010