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HomeMy WebLinkAbout495962 NORTHERN COLORADO ENERGY STAR HOMES INC - PURCHASE ORDER - 9122222PURCHASE ORDER PO Number Page City of122222 1 of z `t CollinsI This number must appear on all invoices, packing slips and labels. Date: 04/18/2012 Vendor 495962 Ship To: ELECTRIC UTILITIES NORTHERN COLORADO ENERGY STAR HOMES INC CITY OF FORT COLLINS 1204 W ASH UNIT F 700 WOOD ST WINDSOR Colorado 80550 FORT COLLINS Colorado 80521 Delivery Date: 04/18/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2012 NoCO Energy Star 1 LOT LS 15,000.00 funding partner contribution City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: $1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamic the City of Fen Collins is enempt Ram state and local taxes. Our Exemption Number is 11. NONWAI V14R. 99-fill Fedaat E.misc Tax Exemption Cenifieate of Registry R4-6010587 is registered with the Collector of Failure of Tire Purchaser to insist upon .strict perfnrmance of the terms and conditions hereof failure or delay to Intel Revenue, Deal,,, Colnmdo (R,E. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any right or rcmcdics pmvided herein or by law, failure to mullptly notify, the Seller in the event of a brench, the .aecet.anm of Or payment for goods hercnnder or approval of Tire design, shall not release the Seller Of Goods Rejected. GOODS REJECTED due in failure to meet specificatinns, either when shipped m due to defects of any of the wazmnticS or obligations of this purchase order and shall reel he deemed a waiver of any right of The damage in Transit. may be rctnmed to you for credit and arc not to be replaced except open receipt of written purchaser to insist upon ,strict performance hcreefor any of its rights or rcmcdics as to any such goods, regardless insmaions from the City Of Fon Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor Shall tiny purpened on] modification or rescission of this purchase Order by the Purchaser operate ns a waiver or any of the terms Inspection. GOODS arc subject to The City effort Collins inspection on arrival. hcrmf. Final Acceptance Receipt of the merchandise, services or equipment in response to This order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Full Collins. However, it is to be understood That FINAL Seller and the Purchnser recognize that in actual economic practice, overcharges resulting fmm entitnta ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vinlatiu s arc in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase ostler. the Scllcr hereby assigns in the Purchnscr any and all claims it may now have or hereafter Freight Tcros. Shipments must be F.O.L. City of Fell Collins. 700 Wood St.. Too Collins, CO 90522, unless acquired under federal Or state antitrust laws for such overcharges rill ing to the pnrtieu tar goods Or services otherwise speci ficd on this order. If pemission is given to prepay freight and charge sepamtcly, the original freight purchased or acon ired by the Pu mhascr pursuant us This purchase order. bill must me.Mpany invoice. Additimal charges too packing will not be accepted, 13. PURCI IASERS PERFORMANCE OF SEI. LE RS Oil LIGATION& Shipment Distance. Where manufnemmrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to coil nommnfnming or defective goods by n date to be .__need open by the expected fmm the ncacst distribution point to dostmatmn, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability orumvillingnes to comply. the Purchaser shipments are made fmm greater distance. may cause the .,it to be perfumed by the mosl csrwdituaos means available to it and the Scllcr shall pav nil costs aceciucd with such work. Permit. Scllcr shall procure at sellers sole cost all necessary Permits. ecnificatcs and licenses rcquimd by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdr, ision where the work is perfomned. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further an ccs to hold the City of Fort Collins hamrlec from and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, toles and requirement. Audoriv timu. All panics to this contract agree that the represcmalivcs are, in fact, bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcnnx and conditions stated herein set forth and any supplementary or additional temt and conditions annexed herein or incorporated herein by relemncc. Anv additional or different tans and conditions proposed by seller am objected to and hemby rgicctal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to an-ne on your promised deli're, date as noted. Tim, iS urine essence. Delivery and perfnrmance must he effected within the time stated on the purchase order and the documents couched hereto. No acts of the Purchasers including, without limitation, acceptanec of partial Into deliveries, shall operate ns a waiver of this provision. In the event ofany delay, the Pnrchascr shall have, in nddilion to other Icgat and equitri le remedies, the option of placing this miler ekayherc and holding the Seller liable for denages. However, the Seller shall not be liable for damngcs as a result of delays due to causes vet reasonably foreseeable which are beyond it rcaannable control and without its fault ofncghmrve. such acts of Ge d, acts ofeivil or military..theories, governmental priaritics, rims, strikes. Food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Gnat 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 ofthe delay. 3. WARRANTY. The Seller wamnty that all greens, articles, materials and work covered by this order will conform with applicable drawings, specifications, Snel les andlor 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 stiffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repnir or make good. millions 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 tees of any applicable wamnty provided by the Scllcr nfter the due of acceptance of the goods furnished hereunder (acecptanec not to he unreasonably delayed), resulting (rem imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Pumhzscr shall not constitute a waiscr crony claim under this wanarny. Except as nthenx ise provided in this purchase order. The Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing mummies or guarmaces, but such liability shall in no event include Ins of pul or Inc of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERNIS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the tennis, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or unnen change order, If any .such change affects the amount due or the time of perfomancc heramder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by wTmcn change order. continue this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or mucrials then in progrocss pmvided that the Purchaser shall not be liable for any claims for anticipated prodit on the uncompleted portion of the goods andlor work. for incidental or consequential damages. and that no such aljustntcnl he made in favor of the Scllcr with Pc,occl to any goods which are the Sellers Standard stock. No such termination Shall relieve the Purchaser car the Seller of any of their obligation, as ninny gone, delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscucd within thirty (30) days form the date the change or termination is widened. R. COMPLIANCE WITH LAW. The Seller ..at, that all goods mid hamunda shall have bcen produced, sold. delivered and fumished in strict compliance with all applicable laws and rcwlations to which the geod arc subject. The Scllcr Shall cxCeum and deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be incorporated in egreemens of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Pumhamr harral from all costs and damages suffered by the Purchaser IS a myth 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 b¢omc due hcrcundcr will the Prior wrinen consent of the other party,. 10. TITLE. The Seller ,.at, full, clear and unrestricted title to the Purchaser for all equipment, malaiak, and items famished in perfomancc of this agreement free and clear of any and all liens, restrictions, resenutions, security interest encumbrances and claims of others. The Seller shall release the Pnrchascr and its contractors of any tier from all liability and claims of any nature resulting from the perfntrol ofsuch work. This release shall apply even in the event of truth of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Seller's eon tmetunl obligations, including wamnty, shall not he deemed to he reduced, in any way, because ,such work is performed or caused to be performed by the Purchaser. 14. PA'TENTS. Whenever the Seller is required to use any design, device, macnal or Tracer coverts by letter, patent, trademark or copyright. the Seller shall indemnify and save hamlcss the Purchaser fmm any and all claims for infringement by reason of The use of such parental deign. device, material or pmccss in connection with the contract, and shall indemnify the POmhaicr for any cost, expense nr damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or afar the completion of the work. In case said equipment or ,any part thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of said cquipmcant nr pan is enjoined, the Seller shall, at its mvn expense and at its Option. either procure for the Purchaser The right to continue using slid equipment or part, replace The some with substantially equal but noninfringing cquipmcnt, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hcnclit of creditors, appoint a receiver or trustee for any of the Sellers pmpcoy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions crier.... tiscd M the inerprcmtina ofthc agreement and the rights of Ml panics hereunder shall be consimnl under rend governed by the laws offl a State of Colorado. USA. The fellnwing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represcntuive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work rat Seller's own risk until the same is fully completed and uceepted, and shall. in ease of any accident destruction or injury to the work andlor materials before Seller's final completion and aeeepance. complete the work at Scllcrs own expense and to the sarisfaetjm of the Puml When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle Sarre at the site and become responsible themfor as though such materials and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE. The Seller shall. of his own expense. provide for the payment of workers configuration, metalling oceupotionnl disease beliefs, to it, etmpleyce, etmpinycd On or in call cction wish the work covered by this purchasc Order. andlor to their dependents in accordance with The laws of the state in which the work is to be done The Seller shall also way comprehettsive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S30g0p0 for any one person. S50Q(NI0 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such cmmpensaion and insurance. Before Pay of the Sellers or his contractors enpinyecs shall do any .work upon do, pmanses ofmhcrs, the Seller shall furnish the Pnmhascr with a certificate that such compensation and insurance franc ban provided. Such ecnificatcs shall specify the date when such compensation and insurance havc hecn provided. Such ecnificatcs shall specify the dot, wh,n such compensation and insurance expires The Scllcr agrees that such compensation and insurance Shall be maintained until a0cr the entire work is cnmplctcd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr lcrchy nssuntcs the entire responsibility and liability for any and all dnnage, Inc or injury Ofany kind or nature wbnrsocecr to persons or property cmuscd by Or resulting from the exccutimt of the wok provided for in this purchase order or in connection herewith. The Scllcr will indemnify mid hold harmless the Purchaser and any r all of the Pnrchascr, oRevo,. romans and entployecs from and against any and all claims. losses, damages. charges or expenses. whether direct or indirccl, and whether to persons or pmpcnv to which the Purchaser may be pill or subject by reason of any act. action, neglect, omission ordefult on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In cam any Suit or other proceedings shall be bmughl against the Purchnscr. or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or anv of it or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense flue of and to defend the same at the Scllcrs own expense, to pay any and all costs, charges. altnmq•s fees and other expenses, any and all judgments that may be incoMed by Or obtained against the Pnrchascr or any of is or their oflil .agents or employees in such suit or other proceedings, and in case judgment or other lien be placed a rc,r or obtained ague st the property of the Purchnscr, or mid parties in or as a result ofsuch ,suits or other proceedings, the Seller will at once case the same to be di, solved and discharged by giving bond or othrnvisc. The Seller and his eontracton Shall take all safety precautions, famish and install all guards ne<esmry for the pmvention of accidents. comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safely and I Iealth Act of 1970 and all miles rend regulations issued pursuant derrm. Revised 0312010