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HomeMy WebLinkAbout210929 SCOTCH PINES VILLAGE LLLP - PURCHASE ORDER - 9141388PO PURCHASE ORDER 914138er Page City of PURCHASE 388 1 of 2 ' `tCollins/ This number must appear �.I " on all invoices, packing sli s and labels. Date: 03/06/2014 Vendor: 210929 SCOTCH PINES VILLAGE LLLP PO BOX 1208 FORT COLLINS CO 80522-1208 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/04/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t COMMUNITY RENEWABLE ENERGY 2014 SOLAR POWER PURCHASE PROG 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 1 LOT LS Total $26,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'1'erms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes . Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure 10 meet specifications, either when shipped err due m defects of damage in mnsi,. may be rammed m you for credit and . not 1e be replayed except upon receipt of or. instructions from the City of Fan Collins. Inspection. GOODS are subject 1. fe Ciry of Fan Collins inspection on art Final Acceptance. Receipt of the merchandise, services or equipment in response to Otis order an mauls in authorized Palomar on the Wa of the City of Port Collim. However it is to W mrdavood fat FINAL ACCEPTANCE is dependent upon completion ofall applicable required impaction procNures. Freight Tema. Shipments mast be F.O.B., City of Fort Collins, 700 Wood Se, Fort Colfax, CO 80522, unless otherwise specified m this order. If permission is given to portray freight and charge sepmately, Ile original freight bill most accompany invoice. Additional charges for poking will nor be, accepted. Shipment Distance. More manufanufers have distributing points in various pans of the country, shipment is expected from the rarest distribution point to detination, and excess freight will be deducted from Invoice when shipments ere made from 6 filer distance. Permits. Seller shell procure at sellers sae cost all necessary permits, certificates and licenses regnired by all applicable laws, regulations, ardin-m, and mles of the state, mmnicipaliry, temmry or political subdivision where the work is performed, or required by any other duly constituted public authority having junsdworm over the work of vendor. Sella fimhcr agree to hold the Cry of Fort Collins M1annless from and against all liability and ].a, incurred by them by reason of an assents or established violation of any each laws, regulations, ordinances, tales sad fix iremenls. Autborlxation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION 017 FERMS. This Pinelmse Order expressly limits acceptance to the terms and conditions stated herein set forth and any supple icatary or additional terms and conditions annexed hereto or inmryooned herein by mEmner. Any additional or different temp and frndliions proposed by seller arc objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your promised delivery ante as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents atmehed hereto. No oats of fe Purchasers including, without limimtian, acceptance of partial late del werics, shall operate as a waiver orders provision. In the evens of any delay, the Purchaer sball M1ave, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage. I Iowever, the Seller shall act be liable far damages as a result of &days due an causes not reasonably foreseeable which am beyond its reasonable cannot and without its fault of negligence, such arts ofGad its ofcivil or military atnhorities, 6ovemmental priorities, fires, strikes, Hood, 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 fiat received knowledge f iraf. In the event of any such delay, the date of delivery shall be extended for the penal equal la the time actually lost by reason of the delay. 3. WARRANTY. Ile Seller wamnts that all goods, onicles, materials and work covered by this order will conform with applicable drawings, specifications, sample mNor other descriptions given, will be fit for the proposes intended, and performed with the highest degree of came and conference in overreliance with accepted standards for work of a ifdlar nafine. The Seller agree to bull the purchaser harmless from my loss, damage or expebwe which fe Pumbeear may suffer or incur on account ardor Sellers breach of wamnty. The Seller shall replan, repair or make good, without cast to the purchauh any defects or faults arising within ache (1) year or within such longer Period of time as may be prescribed by law or by the terms of my applicable worrmry provided by the Seller after the date of Inceptancc of the goods f isled hereunder seceptmce oat m be u.nably delayed), resulting from Imperfer, or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaer shall not amfimte a waiver of any claim under this womanly. Except as otherwise pmeided in this purchase order, the Sellers liability hereunder shot] exend to all damages pmatima¢ly caused by the breach of any of the feria mil, wamntia err guarantees, but such liability shalt in no evens include loss of profits or toss 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. 5. CHANGES IN COMMERCIAL TERMS. The PnmM1nsor may make any changes m the mrms, mher Iran legal terma, including additions to or ddetim, from the gmnnifc, originally ordered in the spceilicanons or drawings, by verbal or wdnen change order. If any such change aRema the amount due a, the tine of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any tins, by written mange order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable udjoiment between the panics as w any work m material, than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods sniper work, for incidental or comer ntial damages, and that no such adjustment be made in taro, of the Seller with respect to any goods which are the Sellers mustard stock. No such moommum shall relieve the Pumhmer or the Seller of any of their obligations as m any goods delwarod hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjostmet ..at la, asserted within thirty (30) days from the date fe change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gaud sold hereunder shall have been produced, aal4 delivered and farmer in strict ompllaese with all applicable laws and begulmiom 10 which the good art subject The Seller shall execute and deliver such doormats a may be tequired to effect or evidence compliance. All laws and Ic,admom comfort 10 be unconfirmed in agreements of this chresm,, art hereby incorporated herein by this ref race. The Seller agrees 1. indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser a a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mmfer, or convey this order, or my monies due or to become due hereunder without the prior wham consent of the ofe, parry. 10. TITLE. The Seller warrants full, clear and umatricmd title to the Purchaser for all ryuipmem, matenak, and items Famished in performance of this agreement, free and clear of any and all lies, rertdcfic m, m efvatiom, secunry interest encumbtmces and claims ofmhera It. NONWAIVER. Failure of the Purchaser to insist upon strict performance of Ile terms and conditions hereof, failure or delay 1. any rights or remedies provided herein or by law, failure w promptly notiry the Seller in the event of a breach the accepm rce of., payment far goods hereunder or approval offer design, shall not release the Seller of any of the warranties or obligaiom of this parehau order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies az to any such goods, regardless of when shipped received or accepted, as to any prior or subsx mein default hereunder, nor shall any puryoned oral modification or rescission of this purchae order by the Purchaser mature as a water, of any of Iha terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purchaser recognis rha, in actual over er r is poetise, chare mulling from antitrust violations arc n h in fact by the Purcser. haTherewfore,fobr good ease and as wmideation fro executing %is purchase order, the Seller hereby assigns to Ile Purchaser any and al claims it may now have or hereafter acquired trader federal ar scam antifrus, laws for such overcharges mIsfifi, to the particular goods or services, purchased or ac9uifrd by the Purchaser pursuant an this puchas, oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cofrad nonconforming or defective goods by a die b Is, agrerl upon by the Purchaser and the Seller, and the Seller fcmfler indicates its inability or unwillingness to comply, the Purchaser may auu the work 10 Is, performed by the most expeditious mans mailable m it, and the Seller shall pay all cosh ass,x6aled with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance oFsuuh work. This release shall apply even in the event of fuuh of negligence of the parry released and shall extend to the doncwrs, nRcers and employees of such party. Ile Sellers umm lm.:d obligations, including wafinty, shall not be deemed m be reduced, in any way, because such work is performed or caused to be parfnned by the Purchaser. 14. PATENTS. Whenever the Seler is required w use any design, device, note ... I in process covered by letter, patent, trademark In copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the nor of such xim and design, device, material or process in connection with the contract, and shall indemnify the Purchaser for coy cost, expense or damage which it may be obliged to pay by ream. of such infringement at any time during the prosecution or after the completion of the work. In case said ryuipment, or any pan thereof car the intended use of the Good, 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 procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing ryuipment, or modify it sec it become noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankopt, make an imigmnem far the benefit of creditors, appoint a receiver, or trustee far my of the Sellers property or business, fie order may foMwif be canceled by the Purc mom without liability. 16. GOVERNING LAW. The definitions of lerlm used or the inmrprewtion ofdm agreemeat and fe rights of all panic hereunder shall be corumed under and gummed "a laws of the Stain of Colorado, USA. The following Additional Cambiums apply only in ases when the Seller is to perform work hereunder, including the services of Sellers Repmsatativgs), an the premise of others. Il. SELLERS RESPONSIBILITY. The Seller shall mrry on said work at Scllefs own risk until the same is fully vmmpleted and accepted, and shall, in eau of any Incident, demnion or injury to the work anNor natenals before Sellers final completion and acceptance. mmplem the work in Scllefs own expense and to the satisfaction of the Purchaser. When materials and a,mpmmt are fmished by others for installation or erection by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materials readier ryuipmertt were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, -Wor to their dependents in accordance with the laws of fe sate 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 linbiliry fins unmfir will, bodily injury and death limits of an least S300,0. 0r any or person, 85IX rim, for any one accident and property damage limit per accident sh of $400,000. The Seller all likewise require his contractors, it any, to provide for such compensation and insurame. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall finish the Purchaser with a cenificam 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. Hot Seller agree that such compensation and Insurance shall be maintained until otter the entire work is complalN and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msume the entire responsibility and liability for my and all damage, loss or injury of any kind of nature whosoever to persons or property caused by or resulting from the execution offer work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, officers, agents and employees Imo and against any sortall claims, losses, damage, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, who% neglect, omission or default on the Ire of the Seller, my of his antmc om eir my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account or by breach of my ol, action, neglect. omission or &fuel, of the Seller of any of his co muctors or my of its or their officers, agents or employees for aforesaid, the Seller hereby agrees to assume the defense thereof and to defend do Same at the Sellers own extreme, w pay any soul all casts, charge, attomrys fees and other,,pemes, any and all judgmafs Thal may be ioufnd by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pfoceedings, and in case judgment or who, him be placed upon or obtained against the propmy order Purchaser, or said patties in or as a result of such sails or otban poceedings, Ile Seller will at once cause the same an be dissolved and discharged bygivfg bond or ofmvise. The Seller and his contactors shall take all safety precautions, f ish and install At guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles aed regulations issued pursuant thereto. Revised (Ga(H0