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HomeMy WebLinkAbout555271 AAC UTILITY PARTNERS - PURCHASE ORDER - 9156049Fort Collins Date: 09/30/2015 PURCHASE ORDER Vendor: 555271 AAC UTILITY PARTNERS 4711 FOREST DR STE 3 PMB374 COLUMBIA SC 29206 PO Number Page 9156049 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/30/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I CONSULTING SERVICES 1 LOT LS UTIL CUSTOMER INFO SYSTEM RFP 8075 Consultation Services for Review and Recommendation of Upgrading or Purchasing a New Utility Customer Information System 50,000.00 $85,000 for the Scope of Work plus reimbursable costs. Travel to be paid on an actual basis - estimated at $17,281. Not to exceed figure of $102,281. 2 OTHER PROF & TECH SERVICES 1 LOT LS 52,281.00 CONSULTING & RELATED TRAVEL 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 Pay terms net 30 days Invoice Address: 1.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By surface the City of Fort Collins is exempt from state and local now. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of b actmil Revenue, Denver, Colorado (Ref. Colorado Revised Sorrows 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED doe he failure to meet specificamme, either when shipped or due to defects of damage in mount may be renamed m you for credit and are not to be replaced except upon receipt of written instructions from the City of Fart Collins. Inspection. GOODS ere subject m the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and condition hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modilamina or rescission of this purchase order by the Purchaser operate w a waiver of any of the tams hereof. Final Acceptance. Receipt of the merchandise, services or equipment in =Penn to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependerit upon completion craft applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and m consideration 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 most be F.O.B.. City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522. unless acquired under federal or stoic antitrust laws for such overcharges relating in the particular goods or services otherwise specified on this order. If permission is given on prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant he this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufxmrms have distributing points in various parts of the country, shipment is if the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the ma rest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shill procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the sate, municipality, territory or political subdivision where the work is performed, or required by any other duly constimred public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collis harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws regulations, ordinances, rules and requirements. Authorimuon. All parties to this contract agree that the mpresenatives are, in fact, bona fide mid possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teens and canditios stated herein set forth and any supplementary or additional more; and conditions annexed hereto or incorporated herein by reference. Any additional or different tens and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dates noted. Time is of the essence. Delivery and performance must be affected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, accepance of partial late deliveries, shall operate m a waiver of this provision. In the event of any delny, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rim provided that notice of the conditions "sing such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications samples and/or 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 similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sulfur or incur on account of the Sella breach of warranty. The Seller shall replace, repair or make good, without cast 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 ems army applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except an otherwise provided in this purchase order, the Sellers Inability hereunder shall extend in all damages proximately caused by the breach of my of the foregoing warranties or guarantees but such liability shall in no event include lass of pmfits or loss of axe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make tiny changes to the terms, other than legal terms, including additions to or deletions from die quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change sheets the amount due or the time of performance hereunder, an equitable adjstment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as in any or all portion 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 far my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or comequential damages, and that no such adjustment he made in favor of the Seller with respect to ivy goals which are the Sella standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations m to any goods delivered hercundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or announce is ordcmi 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and regulation m which the goods are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this chummier are hereby incorporated herein by this reference. Tlie Seller agrees to indemnify and hold the Purchaser harmless from all cons; and damages suffered by the Purchaser as a result of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or my monies due or in become due hereunder without the prim written consent of the other party. 10. TIFLE. The Seller warrants full, clear and unrestricted title in the Purchaser far al I equipment materials, and items furnished in performance of this agreement, free and clear of coy and all liens, maractions, reservations, security interest mcumbrances and claims of other. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officm and employees of such parry. The Seller's cummctual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to se any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the me of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damnge 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 can: said equipment, or may part thereof or the intended use of the goods, is in such suit held to common, 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 parts, replace the same with substantially equal but noninfringing equipment, ormodify it so it becomes noninfninging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an seigmment for the benefit of creditors, appoint a receiver or brown, for any of the Sella property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms wed or die interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the Sate of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sella Remni nalive(s), an the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk mail the same u fully completed and accepted, and shall, in can of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unhad, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of works compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or he their dependents in accordance with the laws of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for tiny one person, 5500,000 for any one accident and property damage limit per accident of S4W1,(100. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sahara or his contractors employees shall do any work upon the promises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation 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 he 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 for any and all damage, loss or injury army kind or anttme whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order m in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchem officers, agents and employees from and against any and all clams loses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumhser may be put or subject by reason of any act action, neglect omission or default on the part of the Seller, any of his contractors or any of the Sellers or contractors oficm, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any rat, action. neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defuse thereof and to defend the some at the Sedans own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgmena that may be incurred by or obained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in can judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result crotch suits or otherproceedings, the Seller will at once cause the same In be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall coke all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulation with regard in safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 032010