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HomeMy WebLinkAbout548915 APPLIED ENERGY GROUP - PURCHASE ORDER - 9147109PURCHASE ORDER PO Number Page City of PURCHASE 947109 ,oft Flirt Collins( This number must packing /�,,,-\V`I ` V on all invoices, packing sli s and labels. Date: 12/03/2014 Vendor: 548915 Ship To: WATER UTILITIES APPLIED ENERGY GROUP CITY OF FORT COLLINS ATTN: DEBRA BAIN-OFFICE MANAGER 700 WOOD ST 500 YGNACIO VALLEY RD SUITE 250 FORT COLLINS CO 80521 WALNUT CREEK CA 94596 Delivery Date: 12/03/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price i DUES & SUBSCRIPTION SERVICES 1 LOT LS 30,000.00 31072-40-00-37 MEMBERSHIP 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 Total $30,000.00 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 exemptions. By statute the City of Fort Collin is exempt from auto and local taxis. Our Exemption banderol 11. NONWAIVER. 98f 502. Federal Excise Tax Exemption Cmificire of Registry 84-6000587 is musbacti with she Collector of Failure of the Purchaser tm most mo r Nara pothemance of the temp and conditions hereof, failure tar delay to Internal Revenue Denver, Colorado (Ref. Colorado Revised Statutes 1973, CMpter 39-26, 114 (a). exercise my rights or mnWics pmvkIM herein or by law, failure to promptly emtify the Seller, in the event of a breach, the traction- ofor percent for goods hormnder or approval ofine duigm shot] not releae the Seller of Goods Rejected. GOODS REJECTED due to failure on meet specifications, either Ohm shipped or due to defects of any of the warmaties or obligations of this purchase order and shall no to, decimal a waiver of any right of the damage in transit, may be mumed in you for credit and are not to be replaced except upon receipt of written purchaser to insist upon suer performance hermfor any of its rights or remedies as many such goods, regardless instructions from the City of Too Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any marnnned oral modification or rescission of this purchase order by me Particular operate in a waiver of any of the muss he,calion. GOODS are subject to the City of Fall Collins irupection on arrival. hereof. Final Acceptance. Receipt of the merchandise, scrvlces or equipment in response an this order an mutt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of To" Collins. Howover. it ex tm be understood that FINAL Seller and the Purchase( eaognize that in actual ec rmmic practice, overcharges moring Gom m11.1 ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fact bone by the Purchaser. Theretofore, for Good cause and as consideration for excluding 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 F.O.B., City of Fon Collim, 900 Wood St., Fart Collins, CO 80522. unless acquired under Rdenl or Note antitrust laws fur such overcharges relating to the particular goods or services otherwise specified an this oNer. If permission is given a prepay freight and charge separately, the original freight pearr ased or acquired by the Purchaser pursmm to this purchase order. bill most accompany invoice. Additional charges for Parking will not be accepted. ONS. 13.PURCHaserdi PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing poitns s van m pans of the shipment u or defective goods by a dote m be agreed upon by the If the dif ad Sells me Seller to mrtem ...er l from expected from the meant distribution point to desoinmion, and excess freight will be deducted from Invoice when initwing for t e its inability or unwillingness do comply, r Purchaser Purchaser and the Seller, and the Sellery shipments sere mode from granter dismnce. the mosindicates sh may cause the work to be performed by the most expeditious means available m it, and the Seller shall pay all cases msaciatd with such work. Permits. Seller shall mmart at sellers to cost all necessary pnmil to and licenses required all w li , wrote w applicable laws, a and rules of the mote, municipality, territory polirlcaltion over orm, arded The Seller shall release the Pu and its contractors of any tiff from all liability and claims of my narure the e& required by any other duly mmtinled public authority lavingjuridiction over the work ffiv n the wort: is per( eel, omod, by oforc mulling from me perfowame ofsuch work. of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability and loss r ma, them by reason of an asserted or established violation of any such laws, regulations ordinance, toles This release shall apply ,son as the of Tonic of negligence of the parry released and shall extend to the ea anJ requiremenu. it ror ch directors, omen anJ employees ofsuch parry. Authorization. All ponies to this contract agree tail the representatives are, in fact, Into Fide and possess full and complete authority to bind said pmics. LIMITATION OF TERMS. This Purchase Order expressly limits treatmnc to the terms and conditions stated herein set fond and any supplementary or additional corms and conditions annexed hatm or incorporated herein by reference. Any addrmol or dullrmt terms unit conditions pmpamd by idler are objected m and hereby jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your pmmi ad delivery date m noted. Time is Oldie essence. Delivery and pert must be affected within the time staid on the purchase older and the damnme, attached hereto. No acts of the Purchmers including, without limitabor, aceeptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, rho option of plariag this area elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to moves not reasonably foreseeable which art beyond its memorable count and without its fault of negligence, such acts of Cod, acts ofricil or military aurhoriries, governmental prior ies, fires, strikes. Boot, epidemic. wan or Ism provided Thal notice of Ore conditions ataing such delay is given to the Pusher within five (5) days of the time when the Seller first rammil knowledge thereof In the event ofmy such delay, the date of delivery shall be extonded for the period equal to the time actmlly last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, anides, materials and work covered by this order will conform with applicable Mancini specilation, sample anNor other descriptions given, will be, fit for the purposes intended, and performed with the highest degree of are and competence in accordance wire mecprd standartu for work of a indlar nature. The Seller vgreas or hold the purchaser harmless from my lass, damage or expense which the Purchaser may suffm or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to me purchaser, tiny defects or faults arising within one (1) year or within such longer period of time u may be prescribed by law m by the tears of any applicable wanomy Provided by the Seller after the date a acceptance of the goods famished hereunder inseminate not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller Acceptance or use of goods by the Purchaser, shall not omtitate a waiver ofany claim under this normally. Except as Otherwise pmsidd In this purchase order. rbe Sellers liability hereunder shall extend to all damages proximately caused by she breach of my of toe foregoing warmmim or marratees, but such liability shall in no event include lo%ofproNs 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 terears by weinm change order. 5. CHANGES W COMMERCIAL TERMS. The Purchmer may make any changes to the terms, odder than legal terms, including addition to at deletions from me quantities Originally accord in the speciGcmions or drawings, by verbal or al met change order. If any such change affects the amount due or the time ofperf r ante hereunder, an "made adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change older, terminate this agreement as Or my or all poniotu of the good then not shipped subject to my equitable edjustmmr between the patties as to any wall: or materials then in pmgrtss provided that the Purchaser shell not be liable for my claims for anticipated profits on the marroplercd ,onion of the goods and/or work, for incidental or conam emed damages, and that no such adjustment be made in favor arrive Seller with mien m my goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller crony of their obligation as many goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ad,., must be asserted within thirty (30) days from the dare the thong, or trnninatirm u oNer'. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and firmished in stria compliance with all applicable laws and regulations to which she goods are subject. The Seller shall raccoon and deliver such dwummes to may be required to effect or evidence compliance. All laws and regulation, "coal in be overfunded in agreements of this characto tie hereby incorporated herein by this reference. The Seller agents to indemnify and hold the Pmchucr Tameless form all coses and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, .for, or convey this order, or my monies due or to become due heteuMar without the prior women count of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the purchaser for all equipmmr, materials, and items famish' in performance of this agreement, free and clear of any and all lieu, rutrictions, reservation, security interest encumbrances and claims ofmhers. The Seller's contractual mligalime, including warranty, shall rot be, deemed to be reduced, in any way, httauu such work u ponfomed tar caused m h performed by me Purchmer. 14. PATENTS. Whenever the Seller is tapered muse any design, deice, material or process covered by loner, patent, trademark copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any and, expense or damage which it may be obliged to pay by reason of such inGngemenl navy time during the prosecution or after she completion of the work. In arse said quipment, or my part thereof or the intended use of Ric goods, is in such suit held to comtitum infringement and the arse of mid equipment or pan is rejoined, the Seller shall, at its own expense and at its option, either procure for the Purchaer the right to continue using said yuipmem or parts, replace the same with substantially equal but noninfringingcompmml, or modify it so it becomes mane inging. 15. INSOLVENCY. If the Seller shall become inselvmr as baukrupL make on sssigommt far the benefit of creditors, appoint a metric, of arrears, for my of the Sellers property or business, this order may IOMwith be anamh d by die Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the intnprnation of the ageement and the rights of all panics hereunder shall be combined under and govemed by the laws of the State ofColo rchn, USA. The following Additional Conditions apply only in emes where the Seller is to perform work MrtuMer, including the services of Sellers lla rea notiv*M, m the premisea ofo lters. Il. SELLERS RESPONSIBILITY. The Seller shall tarty an said work at Seller's own risk wtit the same is fully completed and accepted, and shall, in eau of any accident, destruction or injury to the work andior reateruk before Sellouts final completion and acceptance, complete the work at Seller's own expense and m the satisfaction of the Purehua. When nateriass all aryipmmr are famished by others for imulltume, or erection by the Seller, she Seller shall receive, unlmd, store and handle same in the site read become mpancible therefor as though such materials anal equipment were being famished by the Seller under the Other. 18. INSURANCE. The Seller shall, at his own experts, provide for the payment ofworkers compensation. including occupational disease benefits, to its employees employed on or in connection with rk work covered by this Purchase older, atdror to their dependents in aceodance with the laws of the sore in which the weak is to be done. The Seller shall also carry comprelamorm amoral Liability including, but cot limited to, contractual ad automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, 550gpNl for any e accident and property damage limit per accident of $400,000. The Seller shall likewise require his c—unsomrs, if any, to provide for such compensation and insurance. 'Do ore any of the Sellers or his contractors employes shall do my work upon the promises of others, the Seller ideal fitmish the Purchaser with a certificate for such comparisons. all insurance have been provided. Such anificatrs shall specify the date when such comprnmoion and insurance have been provided. Such cal ifiates shall specify the data whom such ampensation and insurance expires. The Seller agrees that such mmpemnrian and imumne shall be maintained until eRa the retire work is completed and accepted. 19, PROT'ECTION AGAINST ACCIDENTS AND DAMAGES. Tlrc Seller hereby resumes the entire resporuibiliry and liability for my and all damage, lass or injury ofmy kind or nature whnsoevar an persons or pmpeny caused by or mulling from rile execution oftbc work provided fro in this parrmace maker or in connection herewith. The Seller will indemnify and build homeless the PmcM1aue and my or all of the PeroM1mers officers, agent] and cmPloyas f all against my and all claims, loses, dama&es, charges or expenses, whether direct or indirect, and whether to persons Or pmpeny to which care Terminal may be put ar subject by reason of any or, action, neglect omission or defaull on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaer, or its olfivers, agents or employees at my time on account or by reason of my act, action, angles, omission or default of the Seller of my of his contractors or my of is or their officers, agents or employees us afortsaid, the Seller bertay agrees In assume the defeme mosof and to defend the same at the Sellers own expome, to pay my and all reams, charges attorneys fees and mice, expomes, my and all judgmmu that may be incurred by or obtained against the Emotional or my of its or their officers, agents or employers in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Purchaser, or said pmics in or as a malt clinch suits or other proceedings, the Seller will at once curse the come to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors &hall rake all safety precautions, bunch and kntall all guards necessary for the prevention of accidents, comply with all has and regulations with regard to mfety mcludin& but without limitation, the Occupational Safety and Habit Act of 1970 and all toles nN regulatiornissud pmttherein. Revised 07I2014