HomeMy WebLinkAbout399052 ENERGY LOGIC INC - PURCHASE ORDER - 9140682 (2)Fort Collins
Date: 10/15/2014
Vendor: 399052
ENERGY LOGIC INC
PO BOX N
BERTHOUD CO 80513
PURCHASE ORDER
PO Number Page
9140682 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 10/14/2014 Buyer: PAT JOHNSON
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 C01 to reduce $-vendor change
per PRPA contract
Per requisition 48287, dated 10/13/14
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
1 LOT LS
-85,000.00
Total
Pay terms net 30 days
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 emmpti.m. By star... the City of Fart Collins is exempt fmm state and local taxes. Our Exemption Number is
98M502. Federal Excise Tax Exemption Certificate of Registry 84-6030587 E registered with the Collector of
inf coal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goode Rejected. GOODS REJECTED due to failure to men gnsiGatiom, either when shipped ar due to defoeb of
damage in nazi,, may be mumed to you for credit and are not to he replaced except upon raeipt of written
instructions from the City of Pon Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on alival.
Final Acceptance Receipt of le merchandise, smices or composed in response to this rode, an result in
autMmaJ payment on the prd of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of Ifrt Crtitics, 700 Wood St., Fiat Collins, CO 80522, unless
otherwise specified on this order. 11permission is given to prepay graph, and charge eepa curly, the imprint freight
bill most accompany invoice. Additional charges for packing will not Im accepted,
Shipment Distance. Where manufacturers have distributing rating, in various parts of the country, shipment is
expected from the rarest distribution point to destination, and excess freight will be deducted from Invoice when
,formed. art made from greater distance.
Permits. Seller shall prcerm at sellers sole emat all necessary permits, certificates and licenses required by all
applicable lows, regulations, ordinances and tales of the store, municipality, territory or political subdivision where
the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work
of verdict. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and tau
incurred by them by reason of ca assnted or established violation of any such laws, regulation, radiances, tales
and examinations,
Authorization. All ponies m this contra agree that the representatives are, in fact, bona fide and possess full and
..plot, authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions staled
herein sec forth and any mppicmutary an mduioal tams and conditions accused fan,. or incorporated herein by
reference. Any additional or di@rent rams and amddiom pmpoud by seller are objected la and Mrtby jecard.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as ruled. Time is of the terrace. Delivery and performance must he affected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofp ubal Irate deliveries, shall operate sw a waiver of this provision In the event of any delay,
,he Purchaser shall have, in addition to he, legal and equitable remedies, the option orphaning this order elsewhere
and holding the Sella liable for damages. However, ,he Seller shall not be liable for damages as is msul, of delays
due to rumors not reasonably frmseeable which are beyond its reasonable canal out without its fault of negligence,
such acts ofGml, aces of civil or military authorities, gevemmemrl priorities, fires, strikes, flood, epidemics, wars or
hots provided that notice of conditions causing such delay is given to the Pumbacer within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the dare of delivery shall be
extended for the period qual to the time annually lost by reason of the delay.
3. WARRANTY.
The Sella accounts that all goods, articles, materials and work severed by this order will conform will applicable
dawings, specifications, samples and/or other descriptions given, will b, tit fro the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
imilar acre. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wmanty. The Seller shall replace, repair or make
good, without cost to le purchaser, any defects or faulb arising within one (1) year or within such longer periml of
time as may be pracriMl by law or by the lama ofany applicable waranty provided by do Seiler after the date of
acceptance of the goods finished hereunder (accepting, no, to be m reasoably delayed), resulting fmm imperfect
or defective work done or materials furnished by the Seller. Acceptance or ase of goods by the Purchaser shall no,
consulate a waiver ofany claim under this warranty. Except as othawne provided in this purchase ma, the Sellers
liability hereunder shall extend or all damages proximarely caused by the breach army of thc foregoing wmnerams
or guarantees, but such liability shall in no went include loss carriage, 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 to legal rams by written cbange coda.
5. CHANGES IN COMMERCIAL TERMS.
The Purchsrmay make any changes a. he menu, other than legal terns, including additions to or deletions from
,he countriesurigially ordered in the specifications or drawings, by verbal or written change order. If any such
change ofTecs the amount due or the time ofoafoomnae hereunder, an equitable ndjustmmt shall he made.
fits TERMINATIONS.
The Purchaser may at any time by written change eager, terminate this agreement m m any or of po mess of the
Rands then not shipped, subject to any equitable adjustment between the patties as to any work or mataiak then in
progress provided that the Purchaser doll not be liable for any claims for anticipated profits on the uncompleted
portion of the goads an&., work, Ibr, incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
,he Purchaser or le Sella ofany of their obligations as too any goods delivered bragger.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be soured within thirty (30) days from the date le change or temdation is
ordered.
L COMPLIANCE WITH LAW.
The Seller warrants but all goods sold hereunder shall have been produced sold, delivered and f whed in stein
compliame with all applicable Iowa and regulatimns to which the goods are subject The Seller shall execurt end
deliver such documents as may he mrstired,a effect or evidence samplunes. All laws and regulations required,. be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller apcas to
indemnify and hold the Purchaa harmless from all costs and damages surfaced by the Purchaser as a reach of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
radon.. co.., of le offer going.
10. TITLE.
The Seller warrants Bill, clear and unresaicted title to the Purchaser for all equipment, materials, and items f ished
n performance of this agreement, free vad It. of any and all liens, restrictions, reservations, security interest
encumbrances and claims ef.1hers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict perfornance of the terms and conditions hereof, failure or delay to
co mum any rights or remedies provided herein or by law, failure to promptly notify she Sella in the event of a
breach, the comptmre arm payment fro gnu forecaster or approval able design, shall not release, the Sella of
any of the warmntia or oblimim. of this purchase order and shall of be domed a waiver of any right of the
purchaser to insist upon strict performance hacof or any of its rights or mar ndies as to any such goads, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmponed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereab.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller had the Purchaser recognise that in acnrd economic practice, o ercharge resulting fmm antiaed
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, ,he Seller hereby nssi,. to the Purchaser any, and all claims it may now have or hereafter
acquired under federal or star, maimrst laws for such overcharges relating ro the particular goods m services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purcbazer dater. le Sella to correct no .fireming or defecive goods by a dam to ban agreed upon by the
Purchaser and the Sella, and for Seller thereafter iMieatas its umbilici, or unwillingness to romply, the Puchaser
may cruse He work in Ire performed by the most expeditious means available to it, and ,he Seller shall pay all
costs associated with such work.
Ile Sella shall release the Purchaser and its contractors of any tier from all liability and claims or any more,
resulting from the performance ofsuch work.
This releve shall apply even in th, went of fault of negligence of she party released and shall extend to the
former, officers and cmployus ofsuch may.
The Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any any, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to sex any design, device, material or process covered by teller, patent, trademark
bycopyrightsh the Sella all indemnify and save harmlesrc s the Pubaum r froany and all claims for infringement
reason of the use of such parented design, device, material or process in commecuon with ffe mntrea, and
shall indemnify the Purchaser far any cost expmm or damage which it may be obliged m pay by reawn 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 goods, is is sorb and held m constitute infringement and the use of
said equipment or pan is rejoined, the Seller shall, at its own expense and in its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace le same will substantially equal but
voninGmdir, equipment, or modify it so it becomes rwninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or boilmpt make an assignment for the benefit 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 definifiaa of tents used an le interpretation able agreement and the rights fall panic hereunder shall be
construedunda and governed by le laws ogle Some ofColoado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereader,
including the services of Sellm Representative(s), on do premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry oa said work at Sellers own risk until the same is holy completed and accepted, and shall,
rase of any accident destmction or injury to the work andNm materials before Seller's fool compleioa and
acceptance, complete she work at Sellers own expense and to le satisfaction of the Puchaser. When materials
and quipment are burnished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become responsible therefr se though such materials maker equipment
was being famished by the Sella under the order.
I S. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including «cupmioal
disease benefg,, to its employers empooyerd on or in connection will le work savored by this Purchase order,
author to their dependents in accordance with the laws of the some in which the wrack is in be done. The Sella
shall also tarty comprehensive general liability including, but not limited to, contractual and autenmmin public
liability assurance ail bodily injury send death Ilmi,s of m least $300,000 for any one person, M00,000 for any
one accident and property damage limit per accident of $400,000. The Sella shall likewise ration his
examosichars. if any, to provide for such compeaation and insurance. Hehrt any of le Sellers or his corm ears
employees shall do my work upon the premises of others, the Sella shall fumish the Purchaser with a ccnifirme
that such compensation and insurance have been provided Such ocstifice,es shall specify the date when such
compensation and insurance have bun provided. Such certificates shall specify the date when such compeaati.n
and insurance expire. The Seller opens that such campcaation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
e scum whmsocvcr to persons or property caused by or resuhing from the execution ofile work provided far fa
this purchase order or in coaatim herewith. The Seller will indemnify cord hold Families, fire Pumhsser and any
r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages,
charges of expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his
conew ors, or any of le Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against Ore Purchaser, or its oRem, agents or employees at any time on account or
by waun of any act, action, neglen, omission or default of the Seller of my of his contractors or my of its m
their officers, agents or employees sic aforesaid, the Seller hereby agrees to assume le defense thereof and to
defend le same at the Sellers own expeme, to pay any and all casts, charges, atamrys foes and offer expntses,
any and all judgments that may be incurred by or obtained against le 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 he property of the Purchaser, or said parties in or as a.cult ofsuch suits or other proceedings,
le Seller will at once cause the same to be dissolved and dischagwi by giving rand or otherwise. The Seller and
his contrutors shall sake all safety precautions, f ish and install all guards mcesary far 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 tales and regulations issued Forecast there,.
Revised 07k2014