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HomeMy WebLinkAbout506424 EXCERGY CORPORATION - PURCHASE ORDER - 9124500 (2)Fort of Date: 08/16/2012 PURCHASE ORDER PO Number Page 9124500 1ot2 This number must appear on all invoices, packing slips and labels. Vendor: 506424 Ship To: ELECTRIC UTILITIES EXCERGY CORPORATION CITY OF FORT COLLINS 3773 CHERRY CREEK NORTH DRIVE SUITE 575 700 WOOD ST DENVER Colorado 80209 FORT COLLINS Colorado 80521 Delivery Date: 08/16/2012 Buyer: OPAL DICK Note Line Description ;, YA UOM Unit Price "�o "' Technical Consultation and 1 LOT LS 924,170.00 Program Management Services per RFP #7414 and associated Work Order #1 #DE-OE0000357 Four Cities Smart Grid Development C3. 0✓l.�a�L/�L 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 Total $924,170.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collim k i,sempt from sval-mad local mw,.Om Exemption Number is H. NONWAIVER. 98-N502, Federal Excise Tax Ex,np,ion Certificate of Registry 846000587 is registered with the Co11-ow .r Failure of tlw Pnrebaam in insist omen strict perlinmance of the tams and conditions hereof, on I ore or delay to Internal Revenue, Denver, Colorado D ef. Colorado Revised Statutes 1973, Clapper 39"26, 114 (a), exercise any rights of rnnedics provided herein or by law, future to promptly notify the Seller in the event of breach, the acceptance of or payment ber good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS Rid F,CTED due to failure to meet spexi Coali.ns, either when shipped or due to defied, at any of the wonrnties or obligmionm of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be, returned to you for credit and arc not to he replaced except upon receipt nl' written purchaser to insist upon strict pe,fmmnce hereof., myefit, rights or remedies as to any such good, regardless immunities from hie City of Pon Collins. .f when shipped, received or accepted, as to any prior., subsequent default hereunder, nor shall my purported mat modification or rescission of this purchase order by the Purchaser operate in, a waiver of any of the taros Inspection. GOODS are subject to the City effort Collins inspection on arrival . M1aeof. Final Acceptance. Receipt of the merchandise, servme s or egnipmenr in response m this order eon result in 12. ASSIGNM12NT OF AID I I BUS 1"CLAIMS. authorimd paymnt eon the an of the City of PonCollins. However, it is to be, understand that FINAL Seller and the Purchaser recognise that in actual ec no is practice, ovcrchhr cis resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vitilinuns are in fact home by the Purchase.Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Pon Collins, CO 90522, unless acquired unit, federal or slate antitrust laws for such overcharges reining to the panicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. hill must crava anv invoice. Additional chances for nicking will not be aceeoled. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint in destination, and excess [eight will b, deduced from Invoice when shipments are made fr.m grcmer distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ceniGeates and licenses required by all applicable laws, regulations, ordinances and rates ofthe state, municipality, territory or political subdivision where the work is performed, star requited by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins hzrnless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, orberames, roles and no,da rents. Authorization All parries a this contact agree that the representmlec arc, in fact, Iona fide and possess full and ,..plot, aarmany on bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sm,d herein set f rig and any supplementary ear additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and Conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery rite as noted. Time is of the essence. Delivery and performance must be effected within the time shared on the purchase order and the documents anachd hereto. No acts of the Purchucrs including, without limitation, areepmnce of pmind lace deliveries, shall Opemre as a waiver of this provision. In the as cat of any delay, the Pumbmer shall have, in addition to office legal and equitable remedies, the option ofplacing this order clstw8ere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delay's due to causes not reasonably foreseeable is are beyond its rcawwble.antral and Willem its fault Of negligence, Bach acts of God, ace, ofcivil or military auhonlie, goverprompal priorities, fires, sinkes, Brad, epidemics, wars or fiats pmvidd that notice of the conditions causing such delay is given to the Pur ecom within Gee (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he extended for the period eqml a the time.alrealy Inst by ream, of the delay. 3. WARRANTY_ The Seller warrants that all goods, articles, mi and work covered by this order will conform with applicable drawings, specifications, samples copper other descriptions given, will be III for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of e -mil. nature. The Seller agrees to hold the pumhaur harmless from any loss, tkanxgc or expense which the Purchaser my tamperer incur on recount of the Sellers breach of wacranry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time res may toe prescribed by law or by the ¢tars ofany applicable warevenly provided by the Seller after the date of acceptance of the goofs Iwnished hereunder (acceptance not to l e unreasombly delayed), resulting from ballerinas or defective gook done or materials furnished by the Sella. Acceptance or use of good by the Purchaser shall out omtimte a waiver of any claim under this warranty. Eacept as mheraiu provided in this purchase order, the Sellers liability hereunder shall extend to all damages Fulsomely caused by the beach of any of the foregoing wasocra iex or gpammoss, but such liability shall in no even, include loss of mfie, or loss of use. NO IMPLIED %VARRANrV OR NJ ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mey make changes o legal ta— by pdnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the it., .,he, than legal mots, including additions to or Jeletimu from the gpolicies originally ordered is the specifications or drawings, by evi l he women change order. If any such change rippers the amount due or the time of performance hereunder an equitable adjustment shall b, made. 6. TERMINATIONS. The Purchaser may at any time by written change order, wrminne this agreement as m my or all Famous of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmeass provided that the Purchaser shall not be liable for any claim, lot anticipated stages on the uncompleted Portion of the good and5ar work, for incidental or consequential damages, and that no Inch adjustment be made in favor of the Seller with repeat any goods which are the Sellers standard stock. No such terminnion shall relieve the Purchaser or the Seller army oftheir obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or mmtinotlon is ordered. 8. COMPLIANCE WITH LAW. The Seller ss'po n ,that all good sold hereunder shall have been produced, sold, delivered and boosted in strict compliance with all applicable laws and regulations in which ,he goods are subject. The Seller shall execute send deliver such documents as may be require) m effect o, evidence compliance. All laws and regulations required to b< incorporated in agreements 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. ASSI6Nb1ENT. Neither puny shall assign, transfer, an convey this order, or any monies due or to become due hereunder without the poor written c mpam ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items lumished in performance of this agreement, free and clear of any and all liens, restrictions, reservmions, security interest encumbrances and claims ancient. 13. PU RCI IASI2RS PERT ORMANCE OP SELLERS OBLIGATIONS. If the Purchaser directs the Seller I. correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser miry cause the work m be performed by the most expeditious means available m it, and the Seller shall Pay all costs associated with such work. The Seller shall release the Purchaser and its contmcm, of any per from all liahiliry and claims of any nature .sailing fromthe erfiamano, ofsuch perk. This release shall apply even in ,he event of fault of negligence of the party released and shall extend to the direc om, o0icem and emplayees of such gamy. The Seller's compound obligations, including warranty, shall not be thereof 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, material or process covered by letter, pram. trademark or copyright. the Seller shall indemnify and save homeless the Purchaser from any and all claims for infringement by reason of the use of such pounded design, device, mmmbl or process in connecion wish the contract, and shall indemnify the Purchaser for any an , expense or damage which it may be obliged to pay by ream. of such infringement at any time during the prosecution or aft, the completion of the work. In use said equipment, or any port thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, in its own expense and at its option, either procure for the Purehsser the right to continue using said equipment or pans, replace the same with substantially anal but noninfnging equipment, or modify it so it becomes noninffingin, I5. INSOLVENCY. If the Seller shall become insolvent or bankrupt, mike an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may but be, canceled by the Purehsser without liability. 16. GOVERNING LAW. The definitions of terms stud an the inteRremtion ofthe agreement and the rights of all parties hereunder shall be announced under and governed by the laws of the Sum of Colorado, USA. The following Additiared Conditions apply only in cases where the Seller is to perform work hereunder, ncluding the ur'ices of Sellers Reprvsenmtivc(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellels own risk an the same is fully completed and acceptd, and shall, in au of any accident, dalmclion or injury to the work andror nutenals before Settees Gant completion and acceptance, complete the work at Sellds opt expense and m the mrisfaeri.n of the Purchaser. When materials and equipment are famished by others for installation or emotion by Be Seller, the Seller shall raage. unload, store and handle same at the site and become responsible therefor as though such materials amVor equipment were being furnished by the Seller ..it. the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease reaction to its employees employed on or in connection with the work covered by this purchase order, amVor to their dependeno 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 to, contractual and automobile public liability insurance with Wlily injury and death limits of at least $300,0o0 for any one person. S50oAlp for any one accident and property damage limit per accident of S400o00. The Seller shall likewise maim his contractors, if any, to provide for such compenation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss of others, the Seller shall famish the Puchaser with a certifimle that such Compeovtion and insurance have been provided. Such cenificams shall sp,ify, the data when such compensation and insurance have been provided. Such recipients shall specify the dale when such compensation and insurance expire,, the Seiler agrees that such compensation and insurance shall M mainpined until ono the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rapunsibiliry and liability fur any and all damage, loss or injury of any kind or nature whatsaver to persons or property caused by or resulting Pram the eaecmiun of the work provided fur in this p rrclnu order or in connection herewith. BF, Seller wil I indemnify and hold harmless the Purehsser and any r all of the Purampers officers, agents and employees from and against any and all claims, Rssses, datums charges or expenses, whether direct or indirect, and whether to pawns or property to which the Purchaser may be pm or subject by re of any act, action, neglect, a or Jefimh on the pan of the Seller, any of his cuntractuts, o any of the Sellers or con tractors ollicers,agents or cnipleyeas In ame any suit or other proceedings shall Ira brought against the Purchaser, or its olticers, agents or employees at any time on account or by reason of any act, option, neglect, hermosen or default of the Seller of any of his contmdms or any of its or their inheres, ugeno tar employees as of .avid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers seam came, to pay any and all costs, charges, attorneys fees and nth ,expense any and all judgments that may te, nourred 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 property urthe Purchase, or slid Parties in or as a result of such suits or other proceedings, the Seller will at once can the same to be dissolved and discharged by giving band ter otherwise. The Sella end his contractors shall take all solely premvners, mouth and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatichal Safety oad Ilahh Act of 1970 and all mles and regulations issued pursuant there.. Revised O3R11111 Excluded Parties List System Page I of I Search • Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions • State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel : Excergy As of 113-Aug-2012 12:59 PM EDT , Your search returned no results. Beck New Search Resources > Search Help > Advanced Search Tips > Public User's Manual >FAO > Acronyms > Privacy Act Provisions > News System for Award Management '(SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epls.gov/epls/search.do 8/16/2012 Z, ASSISTANCE AGREEMENT 1. Award No. 2. Modification No. 3. Effective Date CFDA No. DE-OE0000357 06/07/2010 81.122 5.Y To-- S. Sponsoring OMce 7. Period of Performance FORT COLLINS, CITY OF Elec. Delivery 6 Reliability (FORS) 06/07/2010 ttn: Steve Catanach U.S. Department of Energy through P. 0. BOX 580 06/05/2015 Office of Elec. Delivery l: Energy Reliabi TTEN: JOHN VOSS, ACCOUNTING MANAGER Forrestal Building FORT COLLINS CO 805220580 1000 Independence Avenue, SW Washington DC 20585 8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No. ❑X Grant 31 USC 6304 lOOE000212 ❑ Cooperative Agreement ❑ Other 11. Remittance Address 12. Total Amount 13. Funds Obligated FORT COLLINS, CITY OF Govt. Share: $18,101,263.00 This action: Attn: Steve Catanach $18,101,263.00 P. 0. BOX 580 Cost Share : $18,101,263.00 Total ATTEN: JOHN VOSS, ACCOUNTING MANAGER $18,101,263.00 FORT COLLINS CO 805220580 Total $36,202,526.00 14. Principal Investigator 15. Program Manager 16. Administrator Merrill A. Smith Office of HQ PS (HQ) Phone: 202-586-3646 U.S. Department of Energy Office of Headquarters Procurement MA-64 1000 Independence Ave., S.W. Washington DC 20585 17. Submit Payment Requests To 18. Paying Office 19. Submit Reports To OR for HQ OR for HQ See Attachment B U.S. Department of Energy U.S. Department of Energy Oak Ridge Financial Service Center Oak Ridge Financial Service Center P.O. Box 4937 P.O. Box 4937 Oak Ridge TN 37831 Oak Ridge TN 37831 20. Accounting and Appropriation Data 89-09/10-0328 1. Research Title and/or Description of Project FOUR CITIES SMART GRID DEVVELOPMENT PROJECT For the RecoM For the United States of America 22. Slgosture of Person Authorized to Sign \ 25. Signature of Grants/Agreements Officer 3. b S 26. Name of Officer 27. Date Signed 12U-b Donna C. Williams Approved AS To Form: ssist,-n ;;y At rney