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HomeMy WebLinkAbout509360 ENERGYSMART PARTNERS LLC - PURCHASE ORDER - 9144368PO PURCHASE ORDER 914436 Number Page C1171 of PURCHASE 9144368 tot z Flirt( OI I ins This number must appear !-\V`I ` V a{, 1 1�7 on all invoices, packing sli s and labels. Date: 08/01/2014 Vendor: 509360 ENERGYSMART PARTNERS LLC 330 S COLLEGE AVE SUITE 400 FORT COLLINS CO 80524 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 C Tiedemann ESP140527 36 1 LOT LS 7,496.60 2 F & M Heine ESP140516 38 1 LOT LS 6,036.00 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 Total Pay terms net 30 days Invoice Address: it 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 exempfiom. By statute the City of Fan Collins is exempt from some and laal bases. Our Exemption Number is 98-04502. Federal Excise q'ox Exemption Ce tificate of Registry Ba-6000587 is registered with the Collector of Interval Revenue, Denver. Colorado (Ref Colorado Revised Semen 1973, Chapter 3986, 114 boy Gonda Rejected, GOODS REJECTED due to failure m meet ,or ficalions, either when shipped or due to defects of damage in transit may be removed to you for credit and we not an be replaced except upon receipt of written matmctinew fat the City of Fort Collins. hsspection. GOODS arc subjm oat se Ciry o[Fort Collins inlacction on amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can bell in anhonzed payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.D., City of pod Collins, 700 Woad St., Fan Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay bought and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. shipment Distance. Where manufacturers have distributing paints in vanow, From of the country, shipment is expected fat the nearest distribution point to desthudon, and excess freight will be deducted from Invoice when shipments are made foam greater do... Permits. Seller shall prawn, at sellers sole cost all necessity permits, cedifiates and limmes required by all applicable laws, regulations, ordinances and bales ofthe some, municipality, car., or political subdivision where the work is performed, err requited by any other duly eonstiuned public authorty having jurisdiction over the work of vendor. Seller rudder agrees m hold the City of Fort Collins benmless from and against all liability and lass onored by them by cousin of an asserted or established violation of any such laws, regulations, ordinances, to, requirements. Authorization. All partner to this contract agree that the representatives are, in fact ndon file and possess full and complete authority an bind said parties. LIMITATION OF TERMS. This Purchase Diller expressly limits acceptance to the temp and eonditions stated herein set Fruits aM any supplementary or additional tenors and conditions annexed hereto or incorporated herein by reference. Any additional or differenttems and conditions proposal by seller are objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannor make complete shipment to naive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be dTeged within the time sated on the purchase will and the documents ached herein. No acts of the Purchasers including, without limitation, acceptance of partial two deliveries, shall operate as a waiver ofsis provision. IH the even. ofany delay, the Purchaser shall have, in addition to when legal and equitable remedies, the option of placing this order elsewhere and holing the Seller liable for darragrs. However, the Seller shall not be, liable fur damages res a resin, of delays due to causes coat maximally foreseable which are beyond its reawmable control and without its fault of negligence, such acts of Gal, acts ofcivil or military wilani.ies, governmental finances, fires, spikes. Hand, 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 His received knowledge thereof. In the event of my 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 waaanrs ohm all goods, amides, mandzls and work covered by this older will conform with applicable drawings, specification, samples amVor other desorption given, will be ❑t for the papaws intended, and performed win be highest degree of care and competence in accordance with accepted smMarts for work of a similar nature. The Seller agrees to held 6e pmcluser harmless from any loss, damage or expe se, which the purchaser, may suft act more on xcoun, of the Sellers breach of warranty. The Seller shall replace, repair or nuke good„wi6out cos to the I umbal any defects w felts arising within one (1) year or within such longer period of time w may be pre ewhe l by law or by the terms of my applicable wamenty provided by the Seller after the date of acceptance of the goads burnished hereunder (acceptace not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Pomhaser shall not constitute a waiver of any claim under this warranty. Except sea otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gu srdnrees, but such liabil try shall in no event include loss of profcs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal tams by written change will 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may .,site any changes m the terms, other Iran legal ono, including additions ram of deletions from the quantities originally o dowd in the specillcmiuns or drawings, by verbal or wiinat change order. If any such change affects the amount due or the time of perfurmma hereumin, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrown change order, terminate this agreement as to any or all pnnioce of the goods sett not shipped, subject to my equitable adjustment between the panic w 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 maker work, for mcidmol in consequential damages, and that no such ad usameot be made in favor ofthe Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods del,wed hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjushand most b, asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller winnow that all goods sold browner shall have been producil, said, delivered and famished in strict compliance with all applicable laws and regulation to which be good are subject The Seller shall eeecute and deliver such documents as may he cgmrnd to eflecr in evidence compliance. All laws band regulation required to be ncorpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be Purchaser harmless fain all ewes and damages SURered by be Purchaser n a towlo 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 become due hereunder without the prior written consent abe oNer parry. 10. TITLE. The Seller warran.s full, clear end warwi ietN title to the Purchaser for all equipment, materials, and it. Remained in pcefomm e, of this agreement For and chase of my and all lien, restrictions, resonation, savory interest encumbrance and claims ofothers. II. NONWAIVER. Failure of the purchaser to insist upon stun performance of the tams and renditions hereof, failure or delay.. exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall nut retrace the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaur to insist upon atria performance hereafor 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, nor shall any purposed well modification or rescission of this mundane order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in soma[ economic practice, overcharges mounting fmm antitrust violations arc in fact Some by the Purchaser. Theretofore. for good 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 acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services Purchased or acquired by the Purchaser pursuant.o this purchase coder. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lute Purchaser directs the Seller to comort nonrenfomring or defective goods by a date b h agreed upon by oho Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness b comply, the Purclanm rimy ones, the work to be performed by the most expeditious rornn available or it, and the Seller shall pay all costs associated will, such work. The Seller shall releom the Purchaser and its contractors of any tier from all liability and claims of any nature ,nutting from the performance of such work. This release shall apply even in the event of fault of negligence of the any released send shall extend be the directors, officers and employees ofsuch party. The Sellers coulrazmal obligations, including wamnty, shall not to deemed to bo reduced, in any way, because such work is performed or coned to be performed by be Purchaser. 14. PATENTS. Whenever the Seller is requital to use any design, device, material or process covered by tenet, patent trademark or copyright the Seller shall indemnify and two harmless the Purchaser fmm any and all claims for infringement by reason of the rise of such provided design, device, material or process in commilion with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any tine during the prosecution or after the completion of the work. In case said equipment, or my Fort thereof or the intended we of the goods, is in such suit held m constimte infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure far be Purchaser the right to continue wing said wimpment or from, replace the some with substantially eq=I but noninfnnging sculptured, or modify it an it becomes nmninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or Forklift, make m usignmem for the benefit of creditors, appoint a or msbae for any of the Sellers pmpedy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftarms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be, construed coda and governed by the laws muse Suite of Colomdo, USA. The following Additional Conditions apply only w causes where 6e Seller is to perform work M1creunder, including theservices of Sellers Reaccum ucEd, on Om pmniscs f.am, IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of way accident, dwuuction in injury m the work I.&., cralei d, before Sties firml completion and acceptance, complete the work ao Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or emotion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, al his own nxpenu, provide for the payment of workers compensation, including occupatiorml disease benefits, b its employces employed on or in connection with the work covered by this purchase order, =War to their dependents in accordance with the laws of 6e some in which the work is to be done. The Seller shall also any comprehensive general liability including, but not limited m, contract=[ and automobile public liability insurance with bodily injury and death limits of at twos $300.00 for any one person. 55M.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contactors. if any, to porcine for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall finnish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifctie, shall specify the date when such compensation and inu once, have been provided. Such « difirmis shall specify the date when such compensation and inuma nce expires. The Seller agrees Out such commitment. and insurance shall b, mainuioed until after the .It. work is complied and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind r nature whatsoever to person or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the PurcM1asers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Person or property to which the Purchaser may be put or subject by reason of any act notion, under , omission or default on the pan of the Seller, any of his contactors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought againt the Purchaser, or its officers, agents or employees at my time on zecoet or by ream. of any ant, xfirm. neglect, omission or default of the Seller of any of his con.ractors or my of its or their officers. agents or employees as aforesaid, be Seller hereby agrees to assume the defense sereof and an defend the same at .he Sellers own expense, to pay any and all casts, charges, artarrrcys fees and be, experasea any and all judgments that maybe incurred by or obtained against the Ptarchaer act any of its or sent Officers, agents or employees in such suits or other proceedings, and in case judgment act other lien be placed upon or obtained against the pmpedy ofthe Purchwel or said plates in or w a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his commerce; shall take all safety precautions, famish and install all guard nttes=ry for the prevention of accidents, comply with all laws and regulations with regard as safety including, but without limitation, the OccuFotto=1 Safety and Health Act of 1970 and all rvlea and regulation issued pursuant theme. Revised 07R014