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HomeMy WebLinkAbout506424 EXCERGY CORPORATION - PURCHASE ORDER - 9136667PO PURCHASE ORDER 913666er Page C1171 of PURCHASE 36667 1 of z F/' rt Collins( hisnumbees,pac packing !V`I ` V �7 on all invoices, packing sli s and labels. Date: 03/18/2014 Vendor: 506424 EXCERGY CORPORATION 3773 CHERRY CREEK NORTH DRIVE SUITE 575 DENVER CO 80209 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/18/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 CO to add funds 1 LOT EA Change order to add funds to the po and extend the completion date of the WO. Scope of work not completed due to complexity of the work. 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 32,265.00 Total $32,265.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETABS. Tax exemptions. By suture the City of Fort Collins u exempt B0m surer, I«al taxa.Om Exemprou ,nor oa is 11. NON WAIVER. Failure of the Pa oduser m most upon strict performance of the terms and conditions hereof, failure or delay m 984k1502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is regiuered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colando Revised Statutes 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 is breach, the acerytarce, ofor payment for goods hereunder or approval of Flat design, shot] nor release foe Seller of Goads Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due w defects of any of the warranties or obligations of this purchase order and shall not be decimal a waiver of any right of the damage in transit, may be rumored to you for could and are not to be replaced except upon receipt of women purchaser to insist upon strict performance heteofor any of its rights or remdies ex to any such good, regardless instructions from the City of Fort Callias. of when shipped, received or weepted, as to any prior or subsequent default himandea nor shall any purported oral modification or marission of this purchase order by the Purchaser operate a a waiver of any of the terms Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can Fault in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. carbonated payment for Be part of the City of Fort Collins. However, o is to be understood that FINAL Seller and the Purchaser rem dim Out in actual examine practice, overcharges moulting from antitrust ACCEPI'ANCEis dependentuponmmpleionofall applicable do tiredimpec0mnpfocedums. violations arc in fact borne by the Parchasn.Theretofim, For good cause and as consideration for executing this purchau order, the Sella hereby assigns m the Purchaser any atal all claims it may now have or hereafter Freght Terror. Shipments rotor be F.O.B., City of Fort Collins, 701) Wood Sr, Fan Collins, CO 80522, avtess acquird under federal or state aatimut laws for such overcharges relating Ins the panivalor good or seta oferwise specifal on thus maker. If permission is given to prepay freight anal charge separately, the original freight purchased or «quill by the Purchase pursuant to this purchase order. bill most accompany invoice. Ackl tared charges for packing will .1 be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment have extsinfin,hasparts ofthe courm shipmentwhen If me ng defective go0dfinpeby a as to on by Seller tocmthernfter expected from the nearest distribution point w Jeatim,ion, end excess Irtight will be drduard form Invoice when romthe.Wheremanution poi odestinatim, and coagreede Prodorhe indicates its inability to comply, the Purchaser Purcaver addtheSlla, a indicates in nth the Seller, and the Sellerthereafterthe mble shipments are male from greater distance. v togness by the most expeditious means available to i,, all the Seller shall pay all may cam coos may cause the work to be orformN tests as«iated with such work. Permits. Seller shall procure at sellers sole Full all naasmry p .its, certificates and licenses required by all applicable hrws, regulations, ordinances and roles of the state, mnnicipaliry, f merry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vuhor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss endtarred by them by reason of an asserted or established violation of any such laws, regulations, oakinances, roles rgniroomms. Aufhoriamion. All parties to this comfort agree Out the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acarp,ance to the terms and conditions sated herein set foal all any supplemrnmry Or additional terms and conditoa annamod hereto Or incorporated herein by reference. Any additional or dlfferentfrms and conditions proposed by sells are objected to and hereby Bard. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the ev erm. Delivery and performance most be eftenN within the time slated on the purchase order and the documents attached hereto, No aces of the Purchusers including• without Infraction, 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 remedies, the option of placing this Order Nsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fur damages OF a result of delays due to causes not reasonably foreseeable which art beyond its reasonable control and without in fault of negligence, such au of God, acts ofcivil or military authorities, gimerama.1 priorities, Ems, stakes, Bond, epidemics, wars 0, most provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extemled for the period equal as the time actually lost by name ofthe delay. 3. WARRANTY. The Sella warrants that all goods, nicks, mntenals and work covered by this order will nomination with applicable drawings, specifications, samples andror other descriptions given, will be f for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a milar nature. The Sella agrees to hold the purchaser harmless Firm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. 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 pracabed by law or by the terms of my applicable warranty provided by foe Seller after the date of arm,mace of the goods famished hereunder (acceptene<not to be unreasonably delayed), resulting from imp rtat or defective work done or materials famished by the Seller. Acceptance or use of goats by the Purchaser shall not constitute a waiver of my claim under this waranty. Except as whadmise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of life foregoing warranties or guarantees, but such liability shall in no aen include loss of pmfts 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 a legal terms by written change maker. 5. CHANGES IN COMMERCIAL TERMS, The Purchma may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spaifcations or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser rimy to any time by written change order, terminate this agreemcnr as many Fir all pmamis of the goods fen not shipped, subject to any equitable adjatmm, between the mania as m any work or amtmals then in progress provided Out me Purchaser shall not be liable for any claims for anticipated profiu on foe wcrouldc d Portion of the goods anNoo work, for incidental or mroaluemial damages, and that no such edj.=n , be made Or favor of the Seller with respect w any goods which sat the Sellers standard stock. No such tcndmation shall relieve the Purchaser or the Sella of any of Oath obligations as no any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be mortal within thirty (30) days from the date foe change Or nomination is «dered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and f mishd in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be regoired to after, or evidence compliance. All laws and regulation 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 all costs and damages suffered by the Purchase no a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall auign. transfer, or runway this maker, or any monies the OF to bcome due hereanda without Ne poor without consent ofthe otherpan e. 10, TITLE. The Seller warnm bill, clear and wuesmo,d title w the PurcM1aer for all equipment, marmots, and it. famished in pe,mancre of fin, agreement, free all clear of any and all Bets, restrielime, reservations, security interest mcuramm nces and claims Fro tiers. The Seller shall release the Purchaser and its contmemrs of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellax communist obligations, indmding waranty, shall net be deemed to be reduced, in any way, baauu such work is performed or wusad to be pert ed by the Purchaser. 14. PATENTS. Whenever the Seller is qui d ro tau any design, device, wider] or process covered by later, patent. trademark or copyright, the Sella shall indemnify and save harmless the purchaser tom any and all claims for infringement by mason of the tau of such patented design, device, material or proass in connection with the contract, and shall indemnify the Purchaser for any court expense or damage which it may be obligedin pay by reason of such 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 good, is in such suit held to constitute infringement and the use of said ampmen, or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the Fight to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes moninfdngim. 15. INSOLVENCY. If the Shia shall become insolvent or bankmpt, make an assignment for foe bmrfil of aedimrs, appard a receives or mutee for any of she Sellers property or insurers. Nis order, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitiou of teem used or foe interpretation ofthe a®eement and the rights of all panda hereurala shall be assumed under teal govemM by the hiss of the Sun ofC0lorado, USA. The following Additional Conditions apply only in where the Sella is to Perfomr work hereunder, including the services of Sellers Representatives), on thecases premises ofmhai. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully complied and accepted, and shall, in wse of any occident, 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 Purchaser. When materials and equipment art famished by others for installation or erecrion by the Sella, she Seller shall recdve, onlood, store and handle Fume at the site and become responsible therefor as though such materiels asNm equipment were being fumuhd by the Sella antler the order. 18. INSURANCE. The Seller shall, at has own expense, provide for the WYment of wmrka t compensation, including examparional disease benefit, to its employees employed on or in emanation with the work covered by this purchase order, mad or to their dependent in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive gereml liability including, but not limited to, contractual and automobile public liability insurance with bawdy injury and deaf limits of a leas, $300.000 for any one person. $500,000 for any one accident and property damage limit Per accident of 8400,000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shill 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 certificate shall specify the date when such compensation all insurance adores. The Seller agora that such compensation and inu mass shall be maintained until after the entire work is completed and accepted. in. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of.y kind at vawre whalsocver b persons in property caused by or resulting from the examatioa ofthe work provided for in it. purchase order or in connection herewith. The Seller will indemnify and hold hamless fe Purchases and my no all of the Purchaocrs officers, agent and employees form and against my and all claims, losses, damages, chaga or experses, whubem direct or indirect, Find whether to persons « property to which the Purchaser may be put or subject by reran of any out, action, regal, omission or default on the Nil of fe Seller, any of his contractors, 0r any of the Sellers or comfoaors officers, agents Of employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees a, any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contfoctors or any of its or their officers, agars or employers in aforesaid, the Seller hereby agrees to assume the deferme thereof said to defend the same at the Sellers own expense, to pay any and all cost, charges, attorneys fees and other expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, agents ar employees in such suit or other proceedings, and in case judgment or other lien be placed upon « obtained against the property ofthe Purchaser, a said panic in or a a result of such suits or other proceedings, Ne So[]. will Fit once cause fe same m be dissolved and dischagd by giving bond car otherwise. The Sella and has cantracwrs shall take all safety precauriam f ish and nnstall all guard weresary, for the prevention of «cidenu, comply with all laws and regulations with regard to safery including, but without limitation, life Occupational Safety all Half Act of 1970 and all rules and regulations issued pursuant foredo. Revised 03WO