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HomeMy WebLinkAbout210929 SCOTCH PINES VILLAGE LLLP - PURCHASE ORDER - 9141388 (2)PO PURCHASE ORDER 914138er Page City of PURCHASE 41388 ' of 2 F6r} Collins( This number must appear /_^•'`�—,J`' ` v 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 1 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.conn 1 LOT LS 26,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By panic the City of Fort Collins is exempt fmm tam aid local meet. Our Exemption Number is 98-04503. Federal Excise Tau Exemption Cmificam of Registry he-6000582 is registered with the Collector of Idemul Revenue, Drava, Colorado (Ref Colomde Revised Statutes 1923. Chapter 39-26, 1 is (a). Goods Rejected. GOODS REJECFED due to failure to meet specifications, either when shipped or due to defects of damage in vault, may be raumM m you for credit and we not W be replaced except upon receipt of wrium instructions fmm the City ofFort Collins. Inspection. GOODS are subject to the City of Fong Collins inspection an amval. Final Acceptance. Receipt of the merchaMise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL. ACCEPTANCE is depndent upon completion of all applicable required inspection praedures. Freight Tents. Shipments most be F.O.B, City of Fort Collins, 700 Wood St, Tom Collins, CO 80522, unless otherwise glaifed on this code,. Upsomiission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipmmnt Distance. Where m must arras have distributing points in various pans of tine country, shipment is expected from the nearest distribution Point to destination, and excess freight will be dalucted from Invoice when shipments are made from greater distance. Pertain. Seller sba0 pmmre at sellers sour air all rosary permits, certificates and lases, requited by all applicable laws, regulations, ordinances and roles oflhe some, municipality, mnimry or political sudlivision where the work is parent or recruited by any other duly comtimmd public authority havingjai.uliction ova the work of vendor. Seller former agrees to hold the City of Tom Collins harmless from and against all liability and loss incurred by them mai n son of an rimed or established violation of any such la.. regulations, uNinances, roles sod requirements. Authorisation. All paniw to Nis comma agree Out the mogracrox ives are, in Of bow fide and possess full and complete authority to bind said ponies. LIMITAIWN 017 TERMS. This Franchise Order axpressty limits warrant to the terra end cambric, sated herein act forth and any supplementary or additional corms and conditions co exed hereto or incoryommd herein by reference. Any additional or differentter s and conditions proposed by seller art ciliated to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the reserve. Delivery and performantt most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purebmers including. without 11mlmOon, acceptance of partial late deliveries, shall operate m a waiver of this prevision. In the event of any delay, @e Purchaser shall have, in addition fo other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, The Sella shall not be liable for damages m a result of delays due m causes nut remmucbly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, Ica of civil or military anthoritirs, governmental priorities, fires, strikes, good, epidemics wars or hots provided that 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 ony such delay, he date of delivery shall he extended for the Period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, ounces, materials and work covered by this order will conforn with applicable drawings, spmifimtios, samples and/or other descriptions given, will be fit for the purposes plagued, and arfermed with the highest degree of care and competence in accordance with atpted standards for work of a similar nature. The Seller agrees to bald the purehucr hamdew fmm any Ins, damage or expense which the Purchasermay coffee or incur on real of the Sellers breach ofw.V. The Sella shall replace, repair or make good, without cost to the pomloc r, any defects or faults arising within one (1) year at within such longer pried of time in may be presented by law or by the tams of any applicable wamnry provided by the Sella after the date of tweepan a of me goods famished hereunder (acceptance not to be unreasonably delayed), rtsuhing from imperfct or defective work done or malcul fumishal by the Sella. Acceptance or etc of goods by the Pumluuer shall not onstimte a waiver of any claim under ibis wamnty. at,, as, otherwise provided in this pureFase order, the Sellers liability hemmul shall extend to all damages proximately causal by fie Mach of any of the foregoing is oil. or gu .a., but such liability shall in no even include loss ofpmrL,s a loss of um. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrten change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temp, including additions in or deletions from The gmmilics originally ordered in the spaifcations or drawings, by verbal or written change order. If any such ,Long, slyer, tire .moan dim or the time ofperfamfaner hereunder, an crumble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement us to any or ill portions of the goods then not shipped, subject to any equitable adjustmmc between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods cargo, work, for incidental or comequential damages, and that no such adjustment be made m favor of the Seller with taped to any goods which are the Sellers smndrd stock. No such termination shall relieve the Purchsser or the Seiler ofaoy oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mot be asserted within thirty (30) days from the dam the change a termination u ordered. 8. COMPLIANCE WITH LAW. The Seller wamanta that all good sold grommet shall bale bar produced, sold, delivered and fumisled in Brit compliance with all applicable law, and regulations to which the goods art mdjet. The Seller shall eacmte and deliver such daummn as may be required 1. effector evidence compliance. All laws and regulation requital to be nco pmated in agreements of this character art hereby incorporated harm by this refamce. The Sella agrees to indemnify and hold the Purchaa harmless from all costs end damages suffinnal by the Purchaser as a result of the Sellers failure to comply with such row. 9. ASSIGNMENT. Neither pony shall assign, nansfe, or convey his order, or any monies due or to become due hereunder without the peso, written consent of the other party. ILL TITLE, The Seller warrants full, clear and a m orchod title to the Purchaser for at I equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens restrictions, reservations, security interest enmmbmaes and claims af.thas. I I. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failum to promptly wtify the Seller in the event of a breach, the acceptance of., payment for goods h reunda or apparent of the design, shall or release the Sella of any of the waranties or obligations of this pachau order and shall not be deemed a waiver of any tight of de purchaser to insist upon strict pert out perm for 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, not shall any punier d oral modification m rescission of this purrhaw order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual ec ur is practice, werchargw resulting I,.. antitrust violations late in Out home by the Purchaer. Theretofore, forgoodcause and as consideration for executing this purchase code. the Seller hereby assigns to the Purchaer any and all claims it may now have or hereaRa acquired under federal or sate antitmst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller m comed nonconforming or defective goods by a date m be agreed upon by the Purchase, and the Seller, and Ilse Seller theredler indicates its inability or unwillingness to comply, the Purchaser may cause the work to be safunmd by the nmat expediures means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaer, and its comm<mrs of any tier from all liability and claims of any two resulting form the performance of such work. This release shall apply even in the event of fault of negligmce of the pain released and shun extend to the directors, officers and employees ofsuch pony. The setters commercial obligations, including want shall not her deemed to be reduced, in any way, beceue such work is performed or caused to be performed by the Pormlim r. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lone. patrnt, wdemark or copyright the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by Room of the use of such patented deign, der to, material or process in connection with the contract, and shall indemnify the Purchaser for any cost expema or damage which it may be obliged to pay by goon ofsuch infringement at any time during the proxecotion 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 to constitute infringement and the use of said equipment or pan ls enjoined, the Seller shall, at its own expense and an its option, either praum for the Purchaser the right to continue using said equipment or pares, replace the same with substantially equal but n andfiringing equipment, or modify it so if beery noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent in b:mkmpt make an zssigranzm for the benefit of credit,,,,, mppoint u recurca n or wse for any of the Sellers property or business this cover may forthwith be canceled by the Purchaer without liability. 16. GOVERNING LAW. The definitions ofit. used or the numeration of the agreement and the rights ofall parties hereunder shall bit construed under and governed by the laws of the sate of Coloado, USA. The following Additional Condition apply only in cases where the Seller is to Pedbrm work hereunder, including the service of Sellem Regr aenmtivjs), on the pm rse, ofothers. Il. SELLERS RESPONSIBILITY. The Sella shall any not said wort: at Selle s own risk until the same is fully completed and sompted, and shall, in arse of my accident destruction or injury to the work and/or materials before Sellars fecal completion end acemmence, complete the work at Sellers own expersu and to the atisactioo id -the Purchaser. When mmmals and equipment am fmished by others for installation or auction by the Sella, the Seller shall receive, pulsed, store and handle same at the site and become responsible therefor a dough such momish and/of equi,.m, were being fmished by the Sella under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including acupatiomal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their depended, in acordance with the laws of the state in which the work is to be done. The Seller shall also cant' comprehensive general liability including, but not limited In, command and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise rcom his contractors, if ony, to provide for such compensation and in e. Before any of the Sellers or bus ammeter, eter, f employees shall do any work upon the premises oothers, the Seller shall famish the Purchaser with a cemiffcate that such compansation and ii a have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificmes shall specify the date who such compensation and insurance expims. The Seller agrees that such comam nines and mormnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby asumes the entire mspomibil ity and liability for any and all damage, loss or injury of any kind or nature whomsoever to arsons or primary cloud by or morning fmm the execution oftbe weak provided for in this Purchase order or in connection herewith. The Sella will indemnify and hold hamnless the Paclhv er and soy r all of the Franchisers officers, agents and employas form and against any and all claim, losses, damugea, charges or expenses, scheme, direet or indirecr, end wbether to person a proany, to which the Purchaser may No put or subject by rcasmn of any act, action, neglect, omission or default on the pan of the Seller, any of his contracting, m any of the Sellers or contractors officers, agents m employees. In case my suit or other proceedings shall be brought again, the Porchacr, or its oRcers, agmu ar employees al any time on recount of by mason of any act, notion, neglect, omission or default of the Sella of my of his conbacmrs or any of its or their officers, agents or employees a aforesaid, the Seller hereby agrees to assume the defame thereof and to defend the same st the Sellers own exaae, to pay any and ill costs. Chasm, attorneys five and other esames, any and all judgments that may be incurred by or obnuned agaial the Purchaser a any of its or their officers, agents or employees in such suits or ether praealings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said patties in or a a fault of such suits or other proceedings, the Sella will at once cane the same robe dissolved and dischargal by giving bond or otherwise. The Seller and his contractors shall eke all safety precautions, famish and instill all guard ntessary 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 1920 and all roles and regulation issued pursuant therero. Revised 03/2010