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HomeMy WebLinkAbout506424 EXCERGY CORPORATION - PURCHASE ORDER - 9136667 (2)Fort Collins Date: 06/26/2014 PURCHASE ORDER PO Number Page 9136667 1of2 This number must appear on all invoices, packing sli s 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 CO 80209 FORT COLLINS CO 80521 Delivery Date: 06/25/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 co to add funds 1 LOT EA 537.25 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.mm 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 1. COMMERCIAL DETAILS. Tax exemptions. By stamm the City of Fort Collins k exempt from sure and local Uses. Our Exemption Number is 9"502. Federal Excise Tax Exemption Conificate of Registry 84.6000587 is registered with do Collector of Imemm Revenue, Dense, Colorado (Ref Coloado Reviaed Sautes 1973, Chapter 39-26. 114 (a). Gawk R jeered. GOODS REJECTED due b failure m meet specifications, either when shipped or due to defects of damage in trmssit, may be remmed b you for candy and are not td he replaced except upon receipt of written inswnions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon inner pinfoerromm of the moms and conditions hemof, failure or delay to y rights or remedies provided herein or by law, failure to Promptly notify the Seller in the event of a h Frencemy acceptance arm symem for good hereunder or appoval ofthe design, sbill not release the Seller of any of the warranties or obligations of this purchase rubber and shall or be deemed n waiver of any right of the pmhaser m most upon mict performance hereufor any of its rights or remedies as to any such good, rrgardlesx of when shipped, received or accepted, as to sty no, or subsequent default heeuMer, nor shall any purpor ad oat modification or rescission of this purchase order by the ptochaver operate as a waiver or any orthe terms homer. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in It. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcbarges resulting from antitrust ACCEPTANCE is dependent upon compleion of all applicable required inspection procedures, violatimss are in fact home by the Purchaser. Theretofore, for good came and as considemrion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments must be FOR., City of Fort Collins, 700 Wood Sr.. Fort Collins, CO 80522, unless acquired under federal or state an arrest laws for such overcharges relating to the particular good 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 puramo t t0 this purchase order. bill most 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 Ifthe Purchaser directs the Seller has correct nonconforming or defective good by a date m be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be Aeducted limn Invoice when purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipment are made from grcamr distance, may cause foe work to lac performed by the most expeditions means available to it, and the Seller shall pay all costs insinuated with such work. Peanuts. Sella shall practice at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, temhory or Political subdivision where The Seller shall miase the Purchaser and its contractors of any tier boom all liability and claims of any nature the work is performed, or required by any other duly constituted public authority havingjunwin Lion over the work resulting from the performance ofsuch work. of vendor. Seller number agrees to hold the City of Fort Collins hzraless form and against all liability and loss incurred by them by reason arm assemed or established violation of my such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the party released and shall extend an the and requirements. dumm a, oINcrrs and employees ofsuch putty. Authorizarion. All parries so this contract agree that the representatives arc, in fact, bore fide and possess full and complete authonry m bind said pities. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and rorWitions sated herein sd both card any supplementary or additional tenor and conditions ammnal hereto or incorporated herein by harmonic. Any additional or different nms and conditions proposrd by tiller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be, effected within the time staN on the pundaw order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance of partial lute deliveries, shall operate as a waiver of this provision. In the event of any 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. However, the Seller shall not he liable for damages as a result of delays due m caums at reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such tons fGad, acts of civil or military authorities, governmental priorities, Fria, stakes, flood, epidemics, wars or awls provided than mice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller fat received knowledge thereof. In the event of any such delay, the Jane of delivery shall be extended for the period equal to the time actually lost by reason of rate delay. 3. WARRANTY. The Seller warrants that all goods, anides, materials and work covered by this order will conforrn with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the postpones intended, and performed with the highest degree of rare and competence in accordance with accepted sandmd 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 accotmr of the Seller broach of warranty. The Seller shall told. , repair or make good, without cast to the purchaser, any defecu or faults arising within one (1) year or within such longer period of time. may be prescribed by law or by the terms of any applicable wanamy provided by the Seller after the dam of acceptance of foe goods famished hereunder (accepmme not to be unreawrubly delayed), resulting from int erfar or defective work done or matmals furnished by the Seller. Acceptance or use of goods by the Purchaser shall not conoti im is waiver of any claim under this xamnV. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing warranties or Summers. but such liability shall in no event include loss ofpmfile or 1. 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 terms by writers change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Terms, other than legal terms, including mlditinm m or deletions from the gmarine, originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the annama due or the time ofpcobarmarm hereunder, air equitable adjustment. shall be made. 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 on the uncompleted portion of the 6coad, en War work, for incidental or romear,a iml damages, and that tie such adjustment be made in favor of the Seller with respect many good which are life Sellers standard stock. No such rumination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim fro edjutmam must he nssened with. thirty (30) days from the dam the change or termination is ordeced. 9. COMPLIANCE WITH LAW. The Seller warrants thst all good sold Iscommer shall have been produced, sold, delivered and f fished in audit compliance with all applicable laws and regulatioos to which the good. subject. The Seller shall aecum and deliver such dommems as may he required to effect or evidence compliance. All laws and repulsions required to be incorporated to ii smar ems of this character are hereby incorporated herein by this Ufereme. The Seller agrees to indemnify and hold the Purchaser finless from all mats and damages suffered by the Purchaser, as a tesulr it Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, number, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, scounty interest encumbrances and claims ofolhers. The Settees communist obligations, including wamenty, shall not be deemed to be reduced, in any way, became, such work is performed or caused ro he performed by the Purchaser. T. PATENTS. NTeneve the Seller is required to two any design, device, ranmal or process covered by lemur, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such pmmted design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may W obliged to Pay by reason of such infringement at any time during the prosecution or after the completion of the work. In caw said equipment or any pan thereof or the intended use of the good, is in such suit held to cpnsmte 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 as continue using said equipment or pans, replace the same with substantially equal but nouintringing equipment, or modi fy it so it broomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of median, 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 definitions of mutts used or the iearprmaion of the agreement and the rights of all parries hereunder shall be onsuued under and governed by the laws ofthe State of Colorado, USA. The following Additional Corditions apply only in cases where the Sella is to perform work hereunder, including the smices of Sellers Repmwnmtive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellefs own risk it the same is rally completed and accepted. and shall. in case of any accident. destruction or injury to the work an nor metmak before Sellefs real completion and somepame, compleo the work at Sellers own expense and b the satisfaction of the Purchaser. When materials and equipment are furnished by odors fro 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 materials andror equipment were being fiunkhed by the Seller under rise order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in comedian with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive geacml liability including, but not limited to, contractual and automobile public liabiliry insurance with bodily injury and death limits of to least 5300," for any one Person, 551111,111111 Ra any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, 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 Seller shall fish the Purchaser with a Uniform that such compensation and insurance have brit provided Such rertifirares shall specify the date when such omronati on and insurance have been provided. Such certificates 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 hereby assumes the entire responsibility and liability fro any and all damagq loss or i jury of any kind r nature whosoever to persons or pmperry caused by or resulting from the excretion ofthe work, provided for w this purchase order or in connection herewith. The Seller will indemnify and hold bamboos the Putchoscr and any or all of the purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether Cirext or Unborn, and whether to persons or property to which the Purchaser may be For or subject by reaon of any not. of.. neglect, omission or default an the Isar of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In onsc any suit or other proceedings shall be brought against the Pumhosn, or its officers, agents or employees at any time on account or by reason of any act, action, righter, omission or default of the Seller of any of his contractors or any of its or thew officers, agents or employers res aforesaid the Seller hereby agrees in assume the defense thereof and to defend the more at the Sellers own expense, m pay any and all owns, charges, anomeys fees and other apirems my and all judgments that may he 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 judpprent or other lien be placed upon or obtained against the property of the Purchaser, or said parties 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 lake all safety precautions, f mish and install all grand 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 roles and regulations issued pursuant thereat. Revised 03I2010