HomeMy WebLinkAbout506424 EXCERGY CORPORATION - PURCHASE ORDER - 9150357Fort Collins
Date: 0111512015
PURCHASE ORDER
PO Number Page
9150357 1012
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: 01/15/2015
Buyer:
PAT JOHNSON
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Work Order #13
1 LOT
LS
99,630.00
Technical Consultation and Program Management Services per contract resulting from RFP #7414 commencing
September 1, 2012 and associated Work Order #13.
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 $99,630.00
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. COMMERCIALDETAILS.
Tax exemptions. By stamen the Ciry of Fon C,Ilias ls exempt fen state end 1«al coxes. Our Exemption Number is
98-04502. Fdecal Excise Tax Exemption Certificate of Registry 84-600058I is registered with the Collector of
lummal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a).
Goods Rejected, GOODS REIECTFD due to failure to meet specifications, either when shipped or due to defects of
damage in uansit, may be removal to you for coedit and are not of be replaced except upon receipt of wrinrn
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fan Collins impaction on arrival.
Final Acceptance. Receipt of the merchandise, sen'Icra or equipment in response to this order can result in
authorized payment on the pan of the City of Too Collins. However, it is to be undersmoJ that FINAL
ACCEPTANCE is dependent upon completion wall applicable required inspection p maths a.
Freight Teens. Shipments most be F.O.B., City of ion Collins, 70o Wood St, Fort Collins, CO 80522, .less
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original fight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pent of the country, shipment is
expected from the warest distribution point to destination, and excess fight will be dduad from Invoice when
shipment sm made from grater distance.
Perand s. Seller shall procure at sellers are cost all necessary Permits, certificates and licenses required by all
applicable laws, regulations, ordinance and roles arm, site, municipality, territory or political subdivision where
the work 4 pert eel, a railroad by any other duly constituted public calsodty haviegjmiediction over the work
Of vendor. Sella Room, apes Or hold the City of Fort Collins hmmless from and against all liability and loss
curd by them by reason oran asseded or established violation of any such laws, regulations, ordinances, rates
andrequirormi
Authorization. All parties to this contract epee Out the repr,senfrives arc, in fact, bona fide and poesess full and
complete authority to biral said parties.
LIMITATION OF TERMS. This Purchase Order expressly limit inecptmm to the isms and conditions stuted
herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional Or dilferenuerms and conditions proposed by wile, are objected to and hereby rcjectd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dam as noted Time is of the essenee. Delivery add performance must be a@send within the time
stated on the purchase order and the documents attached herem. No act of the purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the eventof any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option afflicting this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not he liable for damages us a result i delays
due to causes rot reasonably foresecable which arc bryond it enwwble control anJ wltMm its fault of negligence,
such sect provided
That
no ice of t or military authorities, such
is priorities,toh Tres, strike; Boon, epidemic, was e
Hors provided then,,lice of the conditions causing such delay is given n she purchaser within five delivery
days of the
time when the Seller first received know [edge Hereof. In the event of any such delay, the dam ,f delivery shall be
extenJN for the period equal an the time actmlly lost by rcmn of the delay.
3. WARRANTY.
The Seller warrants that all goods, frames, materials and work covered by this order will conform with applicable
drawings, specifications, samples anchor other descriptions given, will b< fit for the purposes immnded, and
performed with the highest degree of care and competence in accordance with accepted smndmda for work of a
similar future. The Seller agrees to hold the pmchver harmlas from any loss, damage or expense which me
forbear may surtef or incur off sccoum of the Sellers breach of warranty. The Sella shall replace, repait or make
good, without cost to the purthoter, any defects or fault arising within one (1) your or within such longer period of
time as may be presrtihd by law or by the mfms ofany applicable warranty provided by the Sella after the date of
acceptance of the goad fumobed hcrcundr (acceptance not to be unreasonably delayed), ran df, from imperfect
or defective work dune or materials fnvothd by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this womanly. Except as otherwise provided in this purchase order, the Sellers
liability harrower shall extend to all damages proximately caused by the breach of any of The foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CI IANGES IN LEGAL TERMS.
The Purchasa may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Puahaser nay make any changes to the terms, other than legal nerfors, including additiom to or deletions from
the quantities originally ordered in the specific stiom or drawings, by verbal or written change order. If my such
change affect the amount due or the time mf,aformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The purchaser may or my rime by women change other, terminate this agreement as to any or all ponioas of The
goods then not shipped, subject w any equitable adjustment between the podia as to any work or mmcrials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ore good and/or work, for incidental or consequential damages, and out no such adjaslment he made in
favor of the Seller with respect to any good which are due, Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of.y of ibeo obligations as of any goad delivered hereuMa.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days Item the dare the change or termination is
ordered.
a. COMPLIANCE WITH LAW.
The Seller wrownt that all goads Sold herewda shall have been produced, sold delivered cad fmishd in stria
omphance with all applicable laws and regulations to which the goods are subject The Sella shall execute and
deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be
harpooned 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 su@red by the Pumhasr as a result of the
Sellers fiblum to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due Or m become due hammer without the
prior written consent of the other party.
10. TITLE.
The Seller warrant full clear and umatricted ode of the Purchaser for all equipment, mmeoals, and it. f ''shed
in Performance of This agreement for and clear of any and all liens, restrictiom, reservations, security interest
encumbrances and claims Trotters.
11. NONWAIVER.
Failure of the Purchaser to irtht upon strict performance of the terns and conditions hereof, f'lum or delay m
any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or Payment for goods fician da or approval argue design, shall not releme the Seller of
any of the waranties or obligations of this purchase coda and shall not be deemed a waiver of any right of the
purchaser to insist upon stria performance hereofa any of its rights or randies of to any such goods, regardless
of when shipped, received a reaepled, as to any prior or subsequent defulT bereuMer, nor shall any purported
oral modification or rescission of Nis purchase order by the Purchaser notion, as a waiver of any of the 11.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser Tearoom Nat in actual economic practice, a erchargr resulting from antitrust
violations art f fact home by the Parchaur. Them ofoee, for goad waste and as wmidem w for exerting this
purchase other, the Seller hereby assigns to the Purchaser any and all claims it may now Save or hereafter
acquired water federal or stare antitrust laws for such m'ercharga relating to the particular goad or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direts the Sella to cones nonconforming or defective good by a dam to be spread upon by The
Purchaser must the Sella, and The Sella thereafter indicates its andailiry or unwillingness to comply, the Purchaser
may cause the work to be perf romul by the most expeditious meant available Of it, and de Sella shall pay all
costs associated with such work.
The Seller shall release the Purchaser and it contractors of any tin firm all liability and claims of any wmre
resulting from the performance ofsuch weak.
This releae shall apply even in the event of fault of negligence of the party released and Shall extend to The
directors, officers and employees of such party.
The Sellers contrctual obligations, including warranty, shall not h dated to be reduced in any way, because
such work is performed or ..it to be Packwood "a Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lever, patent trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by raw of the use of such pmenmd design, device, material or process in mutation with the comma, add
Shall indemnify the Purchaser for any can expanse or damage which a may be obliged to Pay by reason of such
infringemrnT at any time during the purification or after The completion of the wink. In case said equipment or
any pad thereof or the intended use of the good, is in such suit held to constitute infringement and the vat of
said equipment or pan is enjoined, the Seller shall, at its awn expense and in its option, either Traffic for the
Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but
wrinGngldg equipment, a modify it as it becomes noninfrw ing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for my Of the Sellers property or business, this order way forthwith be canceled by the
Purchaa wihom liability.
16. GOVERNING LAW.
The definidoas of to. used or the interprelariw of the agreement mod Ore right of all parries hereundr shall be
constroed under and governed by the laws ofN<State ofCalomdo, USA.
The following Additional Conditions apply only in cars. where the Sella is to perform work hereunder,
including the services of Sellers Represenfrisa.), on the Forms. of others.
❑. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the Same is fully completed and accepted, and shall,
in case of any accident, destruction or Injury to the work md/w materials before Seller's raw completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmmals
and equipment are fumishd by others for installation or action by the Seller, the Seller shell mccivc, vaload,
atom and handle same at the site and become a spassible therefor as tlmugh such materials mdsor egdpmrnt
were being famished by the Seller Order the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease benefit, of it employees employed on or in ..,Orion with the work covered by this purchase order,
cold/or to their dependent in sccodance with The laws of the sate in which the work is to be, done. The Sella
shall also cary comprehensive general liability including, but at limed to, mntractwl and automobile public
liabil its wassimince with bodily injury and death limits of at leant S3on.aaa for any one marrow S500,000 for any
one accident and property damage limit per accident of $400.000. The Seller shall likewise require his
contractors, irony, to provide for such compensation and insurance. Berms any of the Sellers or his contractors
employees shall da any work upon the premises of others, tM Seller shall himself the Purchaser with a certificate
That such compensation and imwri lave been provided. such ceaifiams shut] specify the dam when such
compacountion and insurance have been Movidd. Such certificates shall specify do date what Such mmpersatioa
and ... office amims. The Sell ...... s thin such compensation and maumnce shall4 maintained until after the
entire work is completed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby wwn. The entire responsitudiry and liability for any and ell damage, loss or injury of any kind
or nature, whatsoever to persons or property coated by or resulting four the execution ore work provided for in
this purchase order or in connection hem-ith. The Seller will indemnify and hold hmmless The Purchaser and any
or all of the Purchasers officers, agent and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect snit whether to persons or property to which the Purchaser may
he put or subject by mason of any act action, neglect omission or defadt on the pad of the Sella, my of his
communsm, or my of the Sellers or contractors officers, agent or employees. In case any suit or offer
proceedings shall be brought ape= the Purchaser, or it officers, agent a employees at my time on account at
by rearmor of any sect .coon, neglect, omission err default of the Seller of my of his conmdors or any Of in of
their officers, agents or employees as afamsaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to guy any and all cost, charges, anomeys fees and other expenses.
any and all judgments that may be incurred by or obuind against Or, Purchaser or my of its or their officers,
agent or employers in such suit or other pmcedirip, and in cruse judgment or other lien ha placed upon or
obtained against the property afthe purchaser, or mid Ixanim in or as a mutt of such suit Or other proceedings,
the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, fumish and insult all gum& necessary for the prevention, of
accidents, comply with all laws and regulations with regard of safety including, but without limimfn, the
Occupational Safety and Health Am of 1970 and all rates and regulation issued p rrsmnt thereto.
Revised =014