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HomeMy WebLinkAbout491916 COMPLETE ENGINEERING SOLUTIONS LLC - PURCHASE ORDER - 9123282PURCHASE ORDER PO Number Page City Of9123282 ' of 2 CollinsThis number must app Flirt CJ ear ,��_,J`-' ` on all invoices, packing slips and labels. Date: 06/07/2012 Vendor: 491916 COMPLETE ENGINEERING SOLUTIONS LLC 6014 W 62ND PLACE ARVADA Colorado 80003 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 06/07/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Photovoltaic System Rebate Eileen Scholl and Dave Evans C3. Oi'la:sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 1 LOT LS Total Invoice Address: $6,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions. fly statute the City of Port Cnllins is exempt fmm state and local taxes. Our Exemption Norther is 11. NONWAIVER. 9s-W502. Federal Eseisc Tax Exemftion Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of The terms and conditions hcmof, (allure nr delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any right or remedies pro ided herein or by law, failure to promptly notify the Seller in the went urn breach, the acceptance ofor payment for goods hereunder or approval of the dc. ign, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet spccificminns, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dcemcd a waiver of env right of the damage in transit. may he returned to ,you for credit and are not to be replaced except upon receipt of written purchaser to insist cram strict performance hercofnr any ofit rights or remedies as to any such gaols, regardless instructions from the City of Fort Collins. Of when shipped, m"wed or accepted, as to any prior or subsequent default hereunder, not shall any purported nnl modification or rescission of this purchase order by the Purchaser opente os a waiver of any of the Igoe Inspection. GOODS arc suhlect to the City of Fort Collins inspection on arrival. heron(. Final Acceptance. Receipt of the matchnndiw, 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 Fort Collins. However. it is to be understood that FINAL Seller and the Pnrchascr recognize that in actual economic practice. overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby as. igns to the Purchaser any and all claims it may now have or haca0er Freight Terms. Shipments must be F.O.P., City of For, Collins. 700 Wood St.. Fort Collins. CO 80522. unless acquirml under federal or state antitrust 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 acquinrl by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be acccptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Discncc. Where manufacturers have distributing points in various pans of the country, shipment is I fthe Purchaser directs the Seller to correct ateconfnmdng or defcctoc goods by a date to be agreed upon by the expected fmm the nearest 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 unwilliagness to comply, the Purchaser shipments arc made fmm greater distance. may cruse the work to be performed by the most expeditious means available to it, and the Seller shall pay all ,.,is associated with such work. Permits. Seller shall pmeum at sellers sale cost all necessary permits. certificates and licenses required by all applicable Imes, regulations. ordinances am] rules of the state. municipality, territory or political subdivision where the work is Performed, or required by tiny other duly constituted public authority having jurisdiction over the work Of vendor. Seller further agrees to hold the City of End Cnllins harmless fmm and against all liability and loss incurred by them by reason of an assents or established violation of am, such lases, egulatimm noliumnees, rules and requirements. Authorization. All panics to this contract agree that the op escntati%as are. in fact. bow fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the isms and conditions stated herein act finch and any supplementary or additional terms and conditions annexed hereto or inenrpnnted herein by reference. Any a ldniowl or different icmx and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive tin year premised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the document aambcd hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries. shall oferam as a waiver of this prevision. In the event of anv delay, the Pnrchascr shall have, in addition to other legal and equitable remedies, the option of pincing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages its a result of delays due to causes not reasonably fnrcsceablc which arc beyond its reasonable control and withme it fault of negligence, such acts of Gnd. acts ofeivi] or military authorities, governmental prionlics, fires. strikes, flood, epidemics, wars or riots provided Ihm notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dine of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wmmnts that all good, articles, materials and work covered by this order will conform with applicable drawings. specifications, mmPlcs and/or other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser front from any loss, damage or expense which the Purchascr may va Rer or incur on account of the Sellers breach of w:inumv. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (p year or within such lunge'redral Of time as maybe prescribed by law or by the toms of any applicable warm, nry pmvidcd by the Seller ale, the date at acceptance of the goods famished hereunder (acceptance not to be unreasonably delaycilk resulting from imperfect or defective work done or materials furnished by the Seller, Acceptance or use of goods by the Purchascr shall not constitute a wmivc, array claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages pewsim ncly caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss ofpmfits or less 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 anv changes to the terms, other than legal cents, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or venom change order. If any such change affects the amount due or the time of fefomancc hereunder. an equitable adjustmeni shill be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions or the Foods then not shipped subject to any equitable adjustment between the panics., to any wmk Or materials then in pmgrecs provided that the Purchaser shall nut be liable for any claims for anticipated profit on the u mpleted portion of the goals and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grads which arc the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller of anv of their obligations as to any gook delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be asserted within thirty (30) days from the date be change or teminmion is ordered. S. COMPLIANCE, WITH LAW. The Seller vamnt that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effcet or evidence compliance. All laws and regulations required In be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hamlets from all costs and damages suffered by the Purchascr is a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall .sign. transfer, or convey this order. or any monies due or to become due hermmder without the print written crowed of the other party. 10. TITL E. The Seller wamnis full. clear and unrestricted title to the Purchascr far.11 equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, resereutio ls, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its courteous of any tier from all liability and claims of any ..,lure resulting form the performance of such work. This release shall apply even in the event of for tilt of negligence of the farm released and shell extend to the directors, officers maul employees of such party. The Seller's contactual obligations, including warmnty, shot] 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 use any design. device, material or process covered by letter, patent. trademark or copyright, the Scllcr ahall indemnify and save harmless the Pnrchascr 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 shnll indemnify the Purchascr for any cost, expense nr damage which it may be obliged to pay by reason of such infringement at any time during the prosecution nr ane'the completion of the cork. 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 equipment or pan Is enjoined. the Seller shall. at Its own expense and at Its option, either pmNlc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but no.infringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hanknipt make an assignment for the benefit of crnditers, appoint a receiver or trustee for sty of the Sellers property or business, this order may forthwith he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions of tans used or the interpretation ofthe agmeracnt and the rights ofall panics hereunder shall be construed under and governed by the laws ofthc State of Colondo, USA. The foRoming Additional Conditions opply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprrescnelivc(s), on the prcmiscs of others. 17. SELLERS RESPONSIBILITY. The Seller shall cam no mid work at Seller's own risk until the same is fully completed and accepted, and shall, in case of anv accident dempaction 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 smisfnetion ofthe Purchascr. %lien materials nod equipment arc famished by mhos for installation or erection by the Seller, the Seller .shall receive, unload. store and handle same ill the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. 'the Seller shall, at his own expense, provide for the raymcat of workers compensation. including occupational discose benefit. to its employee, employed on or in connection with the work covered by this purchase order, nndfnr to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry compichensive general liability including, but not limited in. contrachml and automobile public liability insurance ith bodily injury and death limits of at least SAW." for any one person. 5500.W for anv one accident and pmpcnv damage limit per accident of S400.000, The Seller shall likewise require his contractors, irony. to pruvide for such enmfensalion and insurance. Blare any of the Sellers or his contractors employees shall do cry work Olson the prcmiscs of others, the Seller shall furnish the Purchaser with a cenifieac that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnec have been provided. Such eenifucates shall specify the date when such compensation and insurance expires, The Scllcr agrees that such compensation and insurance shall he maintained moil a0cr the entire work is enmplctcd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rearymsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or pnperty caused by ar resulting From the execution ofthe %cork frovidel for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers onicers, agents and employees fmm and against any and all claini, losses, damages. charges or expenses, whether direct or indirect and whether to persons or fmrcro, to which the purchaser anv be put or sublect by reason of any act, action, neglect, omission or default on the pan ofthe Seller, anv of his contractors, or any of the Sellers or contnctprx a(f arm. agents or employees. In ease any sail or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any firm on account or by reason Of any act, action, neglect. omission or default of the Seller artily of his contractors or any of its or ]hair officers, agents or eniplovices as aforemmid, the Seller hereby agrees to assume the defense thereof and to defend the mime at the Scllcrs own expense, to pay any and all costs, charges, attomevc few and other expenses, any and all judgments that may be inrnmd by or obtained against the Purchaser or any of its or their officers. ngents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained agaiml the property of the Purchascr, or said panics in m as o result of such suits or other proceedings. the Seller will at once cause The same to be dissuked and discharged by giving bond or chemise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safely and Health Act of 1970 and all roles and regulations issued parmenl therein. Revised 032010