HomeMy WebLinkAbout130469 THE BRENDLE GROUP INC - PURCHASE ORDER - 9122585City of
wort Collins
Date: 05/02/2012
Vendor: 130469
THE BRENDLE GROUP INC
212 W MULBERRY ST
FORT COLLINS Colorado 80521
PURCHASE ORDER
PO Number Page
9122585 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 05/02/2012 Buyer: JAMES O'NEILL
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
RDSI Partner Agreement
modification dated 12/19/11
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, 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
1 LOT LS
15,000.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Ternls and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fen Collins is exempt boom state and local taxes.0ur Exemption Number is
9R-01502. Federal Excise Tax Exemption Certificate of Registry 94.601)(1597 is registered with file Collector of
I ammol Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (n).
Gaxls Rejected, GOODS REJ f;CfED due to failure 1. meet smci fientiens either when shipped or due to Act lets of
(],image in transit, may be returned to you for credit and are not to be replaced except upon receipt of wriaca
instntctions from the City of Fort Collins.
Inspection. GOODS arc subject to the City of Pon Collins inspection on arrival.
11. NONWAIVER.
Failure of the Patch,.. to insist upon strict performance of the terms and conditions hereof. fnilurc or dehr, to
exercise any rights or rcnmdics pmvidcd herein or by law, fnilurc to promptly notify the Seller in the event of a
breach. the acceptance nfor payment for goods hereunder or approval ofthe design, shall ran rcicnsc the Seller of
any ofthe samm"till or obligations of this purchase order and shall not be created a waiver of any right of the
purchaser to insist upon strict performance hcreofor.any of its rights or remedieses to any such goods, reganlless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall oily parpnncd
oral modification or rescission of this purchase under by the purchaser operate as a waiver of of the terms
hcrcnf.
Final Acceptance. Receipt of the merchandise, services or equipment in sporto to this order can result in 12. ASSIGNMENT 01: ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fen Collins. However, it is to be andersfood that FINAL Seller and the Purchnscr recognize that in actual economic practice. overcharges resulting fmm ratilmst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore. for good cause and as coasidenlien fix exeeuling this
purchase order, the Seller hereby assigns In the Purchaser any and all claims it env now have or hcrcancr
Freight Temc Shipments most he ROM- City of Fort Collins 7M %"ol St., Fort Collins, CO R0522. unless acquired minder federal or state animist laws for such evcrcharges relating to the particular goods or services
othervine specified on this Order. If permit ion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to Ibis purchase order.
hill nest accompany invoice, Additional charges for packing will not he nccclucd.
U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nenconfiatrung or defective goods bya date to bcagmcd upon by the
expected From the nearest di.oribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and The Seller thereafter indicates its inability oriinwillingness 1. comply, the Purchaser
shipments arc made from gunner distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
cost associated with such work.
Permits. Seller shall pmeure at sellers sell cost all necessary pcmos. certificates and licenses required by all
applicable laws, regulations, ordinances and mils of the state. namicipadiry, tearim, car political saKh, isien where
the work is perfumed, or required by any other duly constituted public authority having jurisdiction Over the work
of vendor. Seiler further agrees to hold the City of Fen Collins harmless Farm and against all liability and loss
incurred by them by reason of an asserted or established violation offal such laws, regulations. ondinances, ndes
and requirement.
Aulhonzmicm All parties to this contract agree that the representatives are. in fact, bona fide and possess fill and
complete a amnm to bind said pmtfcs.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the reins and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated Im min he
reference. Any additional or different tans and conditions proposed by wIler are objected m and hereby rejecial.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery, date as noted. Time is of lilt essence Delivery and perfnmzncc must he effected within the time
stated ran the purchase order and the documents attached hereto. No erns of the Purchasers including. without
limitation, acceptance ofpanial laic deliveries, shall operatice, a waiver of this pmvision. In the event ofany delay.
the Purchaser shall have. in addition m other legal and equitable remedies. the option of placing this order elsewhere
and holding the Seller liable for damages. Ilmecver, the Seiler shall not be liable for damages as a result of delays
(life to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military ntuherifics, govemmental priorities. rims, strikes. flood. epidemics, wars or
riots provided that notice of the conditions causing such delay is given to file Purchow, within five (5) days of the
time when the Seller Best rmcived knowledge thcrcof. In the event of may such (]clay, the the of delivery shall he
extended for the period equal to the time actually lost by reason ofthe delay.
?.WARRANTY.
The Seller warms that all good, articles numods and work covered! by this order will conform with applicable
dowings, specifical cmplcs and/or other daeriptions given. will be fit for the purposes intended, and
performedd with the highest degree of cam and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Scllcrs breach of wmmmty. The Scllcr shall replace. repair car make
good, without cost to the purchaser, any defects car faults arising within one (U year or within such longer period of
time as any he prescribed by law nr by the temss of any applicable wmmrty provided by the Scllcr offer 11me date of
acceptance of tic goods famished hereunder (acceptance not to be tormosonahly delayed), resulting front imperfect
car defective work done or materials furnished by the Seller. Acceptance move of goods by the Purelorwr shall not
constitute a waiver ofany claim under this svamaty. Except as otherwise provided in This purchase oulcr. the Scllcrs
liability Immundershall extend to all dattngcs proximately caused by tic hreach of any of lilt foregoing worm, arms
or guarantee. but such liability shall in mescal include lac of profits er less of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGM. TERMS.
The Purchaser may make changes to legal tans by written change order.
5. CHANGES IN COMM ERCIAL TERMS.
The Purchaser may make any changes to the fcmrs, other than legal terms, including additions to or deletions from
the quantities originally ordered in the zpecifcalion, or clonwi t,,, by verbal of written change coder. If any such
change of ects the amount due or the time ofperfomance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order. terminate this agreement as to any or ail portions of the
grad then not shipped subject to any cquiable 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 Fluff, no the uncompleted
poninn ofthe goods and/or work, for incidental or conmqucntial damages, and that no such adjustment he made in
favor of the Seiler with respect In any grad which arc the Scllcrs sfandanl stock. No such termination shall relieve
the Purchaser or the Seller ofany o(fhcirobligations as to any good delkered hercander.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be alwmd within thin, (}0) days Form the date the change or lerru aien is
ordered.
R. COMPLIANCE WITH LAW.
The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and fimtisled in Strict
compliance with all applicable laws and regulations to which the goods am subject. The Seller shall cvec,oc and
deliver such documents as may he required in effect or evidence compliance All loos and mgulations required to be
incorpomred in agmenwats of this character are hereby incmpontcd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamdess from all costs, and damages ntffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNbIENT.
Neither party shall assign, transfer, or convey this order, or any monies due car to thermal due hereunder withmn the
prior written consent ofthe other party.
10. TITLE.
The Seller worm pis fill], edenr and anmcaiewd title to the Purchnscr for all equipment, mntcials, mod locals fimnkhcd
in performance of this agreement. free and clear of any and all liens, restrictions, utwreations. security interest
encumbrances and claims o'others.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting fmm the performance of such work.
This rcicnsc shall apply even in the cvnn of fault of negligence of the party released and shall extend to the
directors, nRecrs and employees of such ,an,.
The Seller', ccolowhml obligotimns. including worm any. shall not be deemed to be reduce. in any way, because
such work is performed or crowd h) be performed by the Purchnscr.
14. PATENTS.
Whenever the Seller is required to use any design. device. material or process revered by letter, patent, trademark
or cepwight. the Scllcr shall indcnmify and save harmless the Purchnscr from anyand all claims for infringement
by mason of the use of such patented design, device, material or process in connection with the contact. and
shall indcnmify the Purchaser for anv cost, expense or damage which it may be obliged to pay by reason ofsneh
infringcmctu of any tittle during the provocation or oner the completion of the work. In case Said equipment. or
any part themMnr the intended use of the goods is in such suit held to constitute infringement and the use of
s,'mid equipment or pan is enjoined, the Seller shall. at its non expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same wish substantially equal but
noninfringine equipnmwat, of modify it so it becomes nenin(ringing.
15. INSOLVENCY.
If the Seller shall hwconme insolvent or hankntpt, make an assignment for the hencN of creditors, appoint a
receiver or trustee for any of the Sellers property or hasinccs, this order may forthwith be canceled by the
Parchase without liability.
16. GOVERNING LAW.
The definitions ofterms used or lilt interpretation ofthc agrccmcnt and the rights off][ parties hereunder shall be
conon ed andcr and governed by the laws ofthe State of Calrndo, USA.
The following Additional Conditions apple only in cases where the Seller is in per(om work hereunder.
including the scr'iecs of Scllem Repoesentolivc(s), on the premises ofothcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall cony oft said work at Seller's own risk until the same is fully completed and accepted, and shall,
in ease of any occident destruction or injury to the (vork and/or nmreriols before Seller's final completion anti
acceptance. compdem The work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive unload,
store and handle same at the site and become respinsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
IR. INSURANCE.
The Seller shall, at his own expense. provide for the payment of workers compensation. including oeanpntienal
disease benefits, to its cnmpdeyces employed on or in connection with the work covered by this purchase order.
and/or to their depcndenls 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 not limited to, contractual null automobile public
liability insurance with bcohly injury and death limits of at ]cast S300,010 for any one person, S500,000 lot any
one accident and property damage limit per accident of S400.000. The Seller ,shall likewise require his
contractors. if any, it, provide for such compensation and insurance. ❑eforc any of the Sellers or his contractors
employees shall do any work upon Ilm premises ofolhers, The Seller shall furnish the Purchnscr with a certificatethat .such compensation and insurance have been provided. Such certificates shall specify the dam when such
compensation and insnnnce have been provided. Such certificates shall specify the date when such eo nrcnmtum
and insurance expires The Seller agrees that such compensation and insurance shall be nnintained until inner the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes file entim responsibility and liability for any and all damage loss or injury afire kind
or nature whataocvcr to persons or propene caused by or rcadfing from the cxccnlinn Of the work pmvidcd for in
this purchase order or in connection herewith. T'he Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers nffcets, agents and employees from and against anv and all claims, losses. damages,
charges or expenses, whether direct or indirect, and whether TO persons or property in which The Purchaser may
he put or subicct by aunt n of any act action. neglect ....mission or defhutf on the an of the Scllcr, any of his
contractors, or any of the Scllcrs or contractors officers, agents or employees, in case any snit or other
pmceedings shall be brought against the Purchnscr, or its officers, agent or employees at any time oil account or
by reason of any act action, neglect omission or default of the Scllcr of am of his contractors or any of its or
their cfficca, ogcnts or emplcyccs as aforesaid. the Seller hereby agrees to assume The defense thereof and to
defend the same at the Sellers own expense. To pay any and all costs charo_a, 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 he placed upon or
obtained against the property ofthc Purchaser. or said parties in or as a result of soak, suits or other pmocedinc.
the Seller will al call cause the same to be dissolved and discharged by giving bond or elhcrvise. The Seller and
his contractors shall lake all safety precautions, foolish mall insnil all guords necessary fill the prevention of
accidents. comply with all Imes and regulations with regard to safety including bill without limitation. the
Occupational Safety and I Icotlh Act of 1970 and all mles anti regulations issued porsuunt Themm.
Revised 0312010
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https://www.epls.gov/epls/search.do 05/02/2012
V Req. ft
Entered by:
Date:
PURCHASE ORDER REQUISITION
FORT COLLINS UTILITIES
Vendor ` &re,�Ale. �yravQ
Address V,.It 130LIuq
TY.
DESCRIPTION:; ;:Q;,.
UNIT--TnTAL__
CHARGE NUMBER
a -v ek[-22
�S.o�'
I ..00000.Salalo.
930-L 1230 a V 7 4. G
'P,L1S1 arkr,u '(� rcLmer�
Comments
LJQN�I��J, dam•" _`_
Requested By Date
1 Z)Zz�Zt�tZ
�'c I
Dale
I
AMENDMENT
To Service Agreement for United States department of Energy Cooperative Agreement for
Research Development, and Demonstration of Peak Load Reduction on Distribution
Feeders Using Distributed Energy Resources for the City of Fort Collins
BETWEEN
The Brendle Group and City of Fort Collins, Colorado
Dated September 11, 200.9
WHEREAS, as of December 19, 2011, the parties have agreed to the following modifications to
the Agreement;
NOW THEREFORE, in consideration of the foregoing recitals, the covenants and obligations
set forth in this Amendment and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties, [lie parties agree as follows:
Brendle Group will provide the following additional services for this Department of Energy
project:
• Technical Editing of final project report
Completion of Metrics and Benefits reporting as required by DOE
U Support for final budget reconciliation
Brendle group will be paid for these added services based on hourly billing rates as apply to this
contract, based on 100% payment and no matching financial obligations, at a total cost not to
exceed $15,000.
ALL REMAINING TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN
IN FULL FORCE AND EFFECT.
The parties have caused this AMENDMEN"I to be executed on the date last written below.
CITY OF FORT COLLINS, COLORADO
A municipal corporation
r � /
PrintedName:
7
Title:
��--
Date: I i -;� /-----------..
THE BRENDLE GROUP, INC
a Colorado corporation
By.
Printed Nabte:
---
Date:--
Page I ol'2
lamesi�O' Reill, FNIGP, CCPO
Directbf of Purchasing and Risk Management
970-221-6779
Fort Collins, CO 80522
�1<........;ci.
ATTEN, 0
By:
F r
Printed Name: Wt
A T �C'•, q
City Clerk
APPROVED TO FORM:
A ist nt City Attorney
Page 2 of 2