HomeMy WebLinkAbout506424 EXCERGY CORPORATION - PURCHASE ORDER - 9150661PO
PURCHASE ORDER 9150661 Page
C117f of PURCHASE
9150661 1 of 2
Flirt ( olti s This number must appear
!•\V`I V ' 1 on all invoices, packing
sli s and labels.
Date: 01129/2015
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: 01/29/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Time & Materials for IT
Strategy Plan Support - WO #15
1 LOT LS
7414 Technical Consultation & Program Mgmt for Support & Integration of
Smart Grid Solution & Related Services
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
40,440.00
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 examines. By At the City of Fort Collins is exempt from sole and local tans. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Carfare of Registry 84-6000587 is registered with the Collector of
FMare of the Purchaser to insist upon strict performance of the tams and conditions hereof, failure or delay to
filarial Revenue, Denver, Culoodu (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in Oe event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meets strific ifum, either when shipped or due in defers of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in tonsil, may be returned to you for credit and are not to be replaced except upon receipt of written
Purchaser to insist upon strict performance hereof or my of its rights or moral or to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any purposed
oral modification or corrosion of this purchase order by the Purchaser operate as a waiver of my of the terms
Inspection. GOODS me subject to the City of Fort Collins inspection on arrival.
hereof
Final Acceptance. Receipt of the merchandise, saviors or equipment in response to this order an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthooxed Raymond on the pan of the Cry of Fort Collins. However, it is in be understood but FINAL
Seller and the Purchaser recogtdae dual in round ormarectic practice, overcharges resulting fiord antitrust
ACCEPTANCEsdependent upon wmpinion of all applicable required inspection procedures.
violations art in fact home by the Purchaser.Thereto!ore, fen good cause and az consideration for executing this
portM1au 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 Fan Collins. 900 Wood St., For Collins, CO 80522, unless
acquired under federal or state antiuust laws for such overcharges relating to the particular goods 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 pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Dissance. tVheremonutduPoi have various parts of the co is
TftPontoon reSellethe nonconforming or debilityve goMsbyadte to be upon by the
from Invoice
expected fmm the nearest distribution corm era destination, and excess freight will be deJunN from Invoice when
and excess
comply,agreed
Purchaser end the adtherWlerther in inability m ngness to comply, the Pmchnser
and and the Sellerthereafterthe
shipments are made fmm greater distance.
tray cruse the work m be perfomuM by the mood expeditious mesas available a it, and the Seller shall pay all
work to l most noble
coos acsaciaeed with such work. —'
Panics. Seller shall pmeme at sellers sole cost all accessary Real unifwta and licenses "Ound by all
applicable laws, regulations, odimaacs and rates of Oe not, municipality, territory or political subdivision where
tee work is performed, or required by any other duly constimed public military havingjurisdienion over tee work
of ondor. Seller further agrees to hold the City of For Collins harmless from and against all liability and has
incurred by them by reason of an nssened or established violation of any such laws, regulations, ordinances, riles
and requirements.
Authorization. All panics to this contract agree that he oTursenmtives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Oder erpressly limits acceptance no the team and conditions stated
herein set Sou and any supplementary or i ddaioml terns and condition amend hereto or mans rated herein by
oferace. Any additional or different terms and mnditim¢ proposed by seller am objected to anal hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT' immediately if you cannot make complete shipment to arrive on your
promised delivery One az .led, Time is of the esseru. Delivery and perfamman¢ must be effected within the time
stand a the purchase order end the de omens attached here.. No aced of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall emao as a waiver of this provision. In the event of my delay,
the Purrhosen shall have, in addition us other legal and aleitable remedies, the option of placing mhis order elsewhere
and holding the Seller liable fur Orange, however, the Sella shall not be liable for damages as a result of delays
due to anus not reasonably foreseeable which are beyond its reasonable control and without its rues Of negligence,
such is of Did, acts of civil or military amhnmies, govmmaWl prionties, fires, strikes, Bond, epidemics, wars or
fiats provided that notice of the conditions causing such delay is given to d¢ Purchaser within five (5) days of the
rime when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the periml equal W Be time moally for by reason ofO. delay.
3. WARRANTY.
The Sella warrants that all goods, articles, amends and work covered by this order will conform with applicable
drawings, maifratims, sampler ondmor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
'miler nature. The Seller agrees to boat the purchaser harmless form any Ioss, damage or expau which the
Purchaser may suffer or incur on account ofthe Sellers breach of oomm". 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 prescribed by law or by the [eons of my applicable warranty provided by the Seller after the doe of
ascendance of the good fumuhed hereunder, (mceptance not to be couersombly delayed), Resulting fmm imperfect
or defective work done or materials famished by the Seiler. Acceptance or me of goods by the Purchaser shall not
onstiotc a waiver of any claim undo dis warranty. Except or othewiu provided to this proton order, the Sellers
liability hereuMln shall extend to all damages proximately caused by the breach of my of the foregoing wvadies
or guarantees, but such liability shall in in event include Ioss of Fearful in Ioss 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 written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tears, other than legal teens. including additions to or deletions from
the goanitir, originally odertd in the maihcatiom or drawings, by verbal or women change order. If any each
clung¢ affects the amount due or the time of performance hereunder, son egaioble adjustment shall be dada.
6. TERMINATIONS.
The Purchaser may as my time by women change order, terminate this agreement as W any or all potions of Oe
funds then rim shipped, subject to my equitable adjustment between tee pmies as to my work or materials then in
progress provided Oat the Purchaser shall not to, liable for any claims for anticipated profits on the uncompleted
period of the goods and/or work, for incidental or consequential damages, and Oat no such adjustment he made in
favor ofthe Seller with respect to any goods which arc the Sellers standard stock. No such ormimmion shall relieve
the Purchaser or the Sella ofany of Oelr obligations as to any goads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be avaaed within thirty (30) days from file date the change or lamination is
ordecid.
8. COMPLIANCE WITH LAW.
The Sella warrnts that all good said hereunder shall have ban produced, sold delivered and furnished in strict
compliance with all applicable laws and regulations to which the good s m subject The Sella shall execute add
deliver such daummts as may be required W elfct or evidence compliance. All laws and regulations required W be
incorporated in agreements of this character are hereby mammonist herein by Out referma. The Sella agrees to
indemnify and hold file Purchnser hmmless from all costs and damages suffered by the Purchaser or a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any mania due or to become due hereunder without the
prior written consent of the order Party.
10. TITLE.
The Seller warranus full, Cleo add accounted tide W the Purchaser fen ell equipment, mmesials, and is. famished
or pert race of this agreement free and clear of any and all lieu, resmicdom, reservations, nearry in —
entertainment Slid claims o f radars.
The Sella shall Or. the Purchaser not its contractors of any net fmm ill liability and claims of any carom
reaching from the pe Timid a ofsuch walk.
This releare shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, OBicars and employees of such pray.
The Sellers catnocmml obligations, including wmmmy, shall at be deemed to be rained, in any way, because
such work is performed or caused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Sella k required to use any design, device, material or pmcc,a covered by letter, patter, trademark
m erpyng o. tee Seller shall indemnify and save hornless tM Purchaser f any and all claims for infnogmem
b3, ran a of the use of such patented design device, material or process in connection with she anted and
shall indemnify the Puahaeer for any rust expense or damage which it may be obliged to 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 goods, is in such suit held W constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either, procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of tee Sellers property or business, this order may forthwith be canceled by do
Pmchsser withom liability.
16. GOVERNING LAW.
The definitions of reran used or the incapacitation ofde agreement and the rights of all penis hereunder shall ber
construed under and governed by the laws ofthe State of Colorado, USA.
The fallowing Additional Conditions apply only in cans where the Seller is to perform work heranda,
including the services of Seller Represennitive(s), on the premises informal.
❑. SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Seller's own risk until the now is fully completed OM accepted, and shall,
in use of any accident, dsmuction or injury to du work mWor materials before Sellers find completion add
acceptamx, complete the work at Selleh own expense anal to the satisfaction of the patterns. Who nationals
anal equipment are famished by others fm installation car erection by the Sella, the Sella shall reserve, unload
store and handle same at the site and become responsible deed as der gh each mmmals mul equipment
were being famished by Oe Seller mda the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including comminuted
disease benefits, W its employees employed on Or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the lawn of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability imumnce with bodily iajary and death limits of at leant S300,000 far my one pat 5500,000 far any
one accident and progeny damage limit per incident of S400,000. The Seller shall likewise require his
contractors, Warty, to provide for such compensation and incorrect. Before any of the Sellers or his conmdars
employers shall do my work upon the premiss of orders, the Seller shall f ish the Pumh a with a certificate
Out such competxsation and insurance have been provided. Such ttrdfiwtes shall specify the done wbm such
ompetwtion and insurance have ban provided. Such conforms shall sprcifythc doe whom such compere lion
and insurance expires. The Sella agrees that such compensation and announce shall be maintained mail after the
mine work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller bereby i asunno the more responsibility and liability for any and all damage, loss or injury ofany kind
r nature whatsoever W persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and mployres from and against my and all claims, loans damages,
charges or expenses, whether direct or radical, and whether W pasom or property to which the Purchaser may
In put or subject by reason of my act union, neglect, omission or default on the pm of the Sella, my of his
conmen rs, or my of the Sellers or contractors officers, agents or employer, In use my suit or other
proceedings shall be brought against Oc Pmchaur, m its ofem,.,earn or employees err my time on mount or
by nown of any act, action, orifice, omission or default of the Seller of any of his contractors or any of its or
their oficm, agents or employees as aforesaid, the Sella hereby agrees uo assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, aromcys fees and other expenses,
any end all judgment; that may be incurred by or obtained against the Purchaser or any of its or Oeir offivers,
agents or employees in such suits or other proceedings, and in can judgment or other lies be plasd upon or
obtained against the property effort Purchaser, or said panics in or as a result of such suits or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall sake all safety pmcautimrs, boarish and transit all guards necessity for the paramount of
accidents, comply with all laws and regulations with regard to safety including, bra without limitation the
Occupation] Safety and Health Act of 1970 and all riles and cegat dais issued pursuant thereon.
Revised 01/1014