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HomeMy WebLinkAbout316131 RCD PLAZA ASSOCIATES - PURCHASE ORDER - 9143144Fort Collins Date: 06/06/2014 Vendor: 316131 RCD PLAZA ASSOCIATES, INC 1201 FOREST HILLS LN FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9143144 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/06/2014 Buyer: PAT JOHNSON Note: Line Description ""'O""`y UOM Unit Price """` P n..,...,.., o.:..,, 1 COMMUNITY RENEWABLE ENERGY 2014 SP3 PURCHASE PROGRAM Power Purchase agreement in CityDocs. 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 22,000.00 Total $22,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and ConddConli Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By mimic the City of FPO Collins is exempt Gum state and local taxes. Onr Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofur payment fir goads hereunder or approval of the design, shall not clause the Seller of Goods Rejected. GOODS REJECTED due m failure m meal specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance interim any of its rights or remedies as to any such Paris, regardless instructions from the City of Fon Call,.. of when shipped, received or accepted, as to any prior or subsequent default hercnndeq nor shall any purported oral ma iilication or rescission of this purchase order by the Purchaser operate as a waiver of any of the temps Inspection GOODS are subject to the City of Fart Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can , esult in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. anramizd paymen on the pan of ,he City of Too Collins. However, it is to be understood thatFINAL Seller and the Purchaser Occupies, that in actual semantic practice, overcharges winning font anlilmst ACCEPTANCE, is dependent upon completion of all applicable required inspection procedures. violations are in fret Nome by the Purchaser. Theretoforfgood cause and as 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, )Ott Wood St, Fort Collins, CO 80522, unless acquired under hall l or state Poland laws for such overcharges rated, to the particular goods or scrviecs otherwise specifid on this order. If pemission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill rand mcomnenv invoice_ Additional thane for oackine will not be acceme , Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is expected from the neared distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from grmter doormat, Permits. Seller shall procure at sellers sole cast all necessary pcmtits, certificates and licenses required by all applicable laws, regulations, ordinances and Pries of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cotatimted public authority having jurisdiction over the work of vendor. Seller further agrees to held the City of Fon Collins harmless from and against all liability and loss zooerred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, Prles requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and access full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional ¢oats and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposed by seller are objected In mid hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery data us noted. Time is of the essence. Delivery and performance must be elected within the time ,.ad on the purchase order and the documents attached hereto. No nets of the Purchasers including, without limitation, acceptance of penal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal ad 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 We to causes not reamsably foreseeable which are beyond its reawnoble control and wiffa d its fuel, of negligence, such acts ofG.J, ea, of civil or military authorities, governmental pnonnes, fines, strikes, food, epidemic; wan 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 firs, 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, material; and work covered by this order will conform with applicable drawings, specifications, samples and/or offer descriptions given, will be fit for the puryoses intended, and performed with the highest degree of can and competence in accordance with accepted standard for work of a similar nature. The Sella agrees to hold fee purchaser hornless from any loss, damage or expense which the Purchaser may suffer in incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pared of time as may be prownbed by law or by the terns ofnny applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperial or defective we& done or materials frmishd by the Seller. Acceptance or me of goods by the Purchaser shall not oustim¢ a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately award by the breach of any of the foregoing warranties or gtatwgi but such liability shall in no warm include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. line purchaser may make changes to legal terms by wnlmen change mass. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ¢ours, other than legal terms, including adddimns to or delelions from The quantities originally ordered in the specifcariom or drawings, by vertical or xriarn change order. If any such change affects the amount due or the time of performance hereunder, W equitable adjustment shall No made. 6. TERMINATIONS. The Purchaser may or any time by wrinen change order, termiume this agesmenl as to any or all Nations of the good- then not shipped, subject to any equitable adjustment between the patties as to any work or gVwdah then in progress provided that the Purchaser shall not be liable for any claims for anticiraled pmGs on the uncompletd ,onion of the fonds aoWo, work, far incidental or consaluential damage; and that no such adjustment IN, made in favor ofthe Sella with reaped to any goods which are the Sellers standard stack. No such remrination shall relieve the Purchaser or the Sella of any oftheir obligations w to any goods delivered remainder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be, assand within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Sella warrants Nat all goods sold National shall hate been produced, sold, delivered and fumishd in insist compliance with all applicable laws and regulations w which the goods are subject. The Sella shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorscrard herein by this reference. The Sella agrees in indemnify mM hold the Purchaser harmless from all costs and damages suffered by the Pmchaur as a result of the Sellers fairod, to comply with such law. 9. ASSIGNMENT. Neither parry shall assign transfer, an coney this order, or any monies due or so become due hereunder without the prior writers cmrsmt ofthe other party. 10.TITLE. The Seller wawa ds Full, clear and unresuictd bile to the Purchaser for all equipment, maseriak, and items fiunishd in performance of this agrearden, five and clear of any and all lienam s, rcons, nsmatm., seventy ime. en rreadma aand claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, If the Purchaser directs the Seller to correct nanconfonn ing or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller luni fen indicates its inability or unwillingness to comply: the Purchaser 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. The Scllcr shall ,dame the Purchaser and its contractors of any tier from all liability and claims or any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, arrive,, and employees of such pate. The Seller's contractual obligations, including sw ninty, 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 requital to use any design. device, material or process covered by lens, patent, hademmk r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such Patented design, device, material or process in connection with rite contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such inMn,ement a, any time tied., the prosecution or after the completion of the work. In case said equipment, or any pan theratf or the intended me of the,cads, is in such suit held to consrnme management 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 Pawneer the night to continue using said equipmenl rr pans, replace the same with substantially gunl bur noninGnging equipment, or modify it so it becomes nortlnfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bens mpt make an assignment for the benef, of creditors, apron, a receiver ar trustee for any of the Sellers poi or business, this order may forthwith be canceled by the Purchase, without linbiliry. 161 GOVERNING LAW. The definitions oftems usd or the interpretation ofthe agreement and the rights of ail parties hereunder shall be mowed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in where the Seller isto perform work hereunder, including the services o'Sellers Represenmriva(s), on thecases premises ofafers. IL SELLERS RESPONSIBILITY. The Seller shall cony oa said work al Sellers was risk until the stone is fully completed and accepted, and shell, in u of any accident. destruction or injury to the work anllor materials before Shcers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by he. for installation or emotion by he Seller, the Sella shall receive, unload, store and handle same in the site and become mWnsible therefor as though such materials =tVor equipment were being famished by the Sella under the order. 18. MSURANCE. The Seller shall, at his awn expense, provide for the paymenl of workers compensation, including occupational disease Nereids, to its employees employed on or in caunectimn with the work covered by this purchase order, Proton to their dependents in accordance with the laws of the slate 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 liability insurance war bwlily injury and death limits of at least StMIXx) for any one person, S500,000 for any one accident and pommy damage limit per accident of 5400,000. The Seller shall likewise require his if any, m provide for such con,anxision and insurance. Before any of Be Sellers or his contactors employers shall do any work upon the premises of others, the Seller shall fomish the Purchaser with a cenifirau that such a-Werwation and insurance have been provided. Such certificates shall specify the date when such mprnsation and insurance here been provided. Such certificates shall specify the true when such compensation and insurance expires. The Seller agrees that such exmpnssation and consumer, shall h maintained until after the enlire work or completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire res,exhility and linbiliry for any and all damage, loss or injury of any kind r=on whatsoever to Panama or property caused by or occurring from the execution ofthe work provided for in this re purchase order min connection herewith. The Seller will idemnify and hold hWwImx the Purchase, and any r all of the Dorchester ci icrd' e".m and amploywa from and against any and all claims, losses, dmage, a charge or expense; whether direr, or indirect. and whether to Wrsom or pmpcny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of has coutrcmrs, m any of the Sellers or contractors offices, agens tar employees. In eau any soil or order pmecedings shall be bmughl a,iret the Purchaser, 0r its oMae.. agens or employees at any It. on account or by reason of arty act script, neglect, omission or default of the Sella of any of his contranors or any of its or their officers, agents or employees as aforamud, the Sella hereby ogees to ..a the data. Saudi end to defend the same at the Sellers owm expcnu, to pay any and all cost; charges, amomeys fees a other expenses, any and all judgments Char may be incurred by or Obtained against the Purchases or any of its or their officers, agents or employees in such suits or other poccedings, and in case judgment or other lien be placed upon or annual against the pmpcny of tire, Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once couse the same to be dissolved and discharged by giving bond an otherwise. The Sella and his contractors shall take all safery precautions, fiunkh OM install all guards necesvry for the prevention of accidents, comply with all laws mad regulations with regard to safety maludin& but without limitation, the Occupational Safety and Hmlth Act of 1970 and all tales and regulations issued pars, themes. Revised 030010