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HomeMy WebLinkAbout509360 ENERGYSMART PARTNERS LLC - PURCHASE ORDER - 9145124PO PURCHASE ORDER 914512er Page C117f of PURCHASE 9145124 ' of z ' `t Collins I I ns This number must appear v " on all invoices, packing sli s and labels. Date: 09/05/2014 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: 09/05/2014 Buyer: PAT JOHNSON N ote Line Description Quantity UOM Unit Price Extended Ordered Price A Potts ESP140613 1 LOT LS 6,100.00 41 2- A & M Northcutt ESP140619 40 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 14,031.00 - Total $20,131.00 Pay terms net 30 days 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 I. COMMERCIALDF.TAILS. Tax exemptions. By statute the City of Fan Collins u exempt from state and local eases. Our Exemption Number is 98-04502, Federal E,eim Tax Exemption Calfteme Of Registry 84-6000589 is registered win be Collamr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). Goods Rejectak GOODS REJECTED due to failure to meet specificatiam, either when shipped or due to defects of damage in trash, may be rerumN to you for credit and are not to be replaced except upon receipt of wdnav instructions from the City of Fort Collins. Irepenicn. GOODS ate subject o the City of Fan Collins inspection on mtivvl. Final Acceptance. Receipt of the merclandim, services or pirment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is no be undersoml that TRIAL ACCEPTANCE is doPendmm upon completion of.I I applicable required inspection procedures. Freight Teats. Shipments must be F.O.B., City or Fon Collins, 700 Wood SL, Fort Collins, CO 80522. unless oher emo, specified oa this order. If permission is Risen m prepay freight and charge separately, the antitrust freight bill meat zcmidem, invoice. Additional charges for backing will not be accented. Shipment Distance. Where manufacturers have distributing points in swings pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made firm greater dimmer, Permits. Seller that procure at sellers .to cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss of the some, municipality, mmtory or political subdivision where the work is performed, or ami N by any other duly comminuted public radiancy haviagjurisdiction ova me work of vendor. Seller further agrees m hold the City of Fort Collins harmless from and agNrm all liability and loss incerrxd by them by rerun of an assumed or established Violation of -any such lax,, regulations, ordinances, bales and requirements. Aral orizmiou All panics m this minnow, agree that flat represenumives arc, in fact, bear file and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary oradd ilimmil terms and conditions annexed hereto or incorporaed herein by reference. Any additional or different mass and cundirions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence Delivery and performance nun b, eIR and within the time sated on the purchase order and the docaments aumhed board No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addilian to Other legal and equitable manalm , the option afplacing this Order elsewhere and holding the Seller liable for damages. However, the Seller shall nod be liable for &,ages es u retail Of delays due to causes net memnably foreseeable which am beyond its reasonable control and without its fault of negligence, such no Of God, acts afcivil or military authorities, governmental priorities, fires, mikes, Rood, epidemics, wars or rims provided that notice of rate conditions causing such delay is given to the Puchaer within five (5) days of the time when the Seller first received knowledge therm[ In the event of my such delay, Bee date of delivery shot be extended for the pennd equal to care came actually last by reason ofmc delay. 3. WARRANTY, The Seller warrants shut all goad, articles, materials and work covered by this order will conform with applicable drawings, spedficutions, samples and/or other descriptions given, will be ft For the purposes intended, and permit with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold me purcleaaer harmless from any loss, damage or expense which the Purchaser may mifr or me.,. ... of Ne Seller breach of wan , The Seller shill replace, repair of make good, without con to the reliance, any defince, or faults arising within one (I) year or within such longerperiod of time as may he prescribed by law or by the ¢eon of my applicable warranty Prudential by me Seller ana me date of acceptance of me goods famished hereunder (compliance not to he unreasonably delayed), resulting from imperfect or defective work done or materials fumithed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this waranty. Except as otherwise provided m Nis Purchase order, the Sellers liability hereunder shall extend to all damages pronimmely caused by the breach of any of the foregoing isrequires or gu:uamees, bat such liability shall in era event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. '- 4. CHANGES IN LEGAL TERMS. The Purchasermay make changes to legal meats by wdrien change order. ` 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms,,her Nan legal terms, including additions to or deletions from the quantities originally ordered in me sp rifiewros s or drawings, by verbal or worries, change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by women change order, mrmirare this agreement as to any or all Fonimm of me goods Been Out shipped, subject to any equitable adjustment beracen the parties as to any work or mareriaB men in progress provided that the Pumbaser shall not b, liable for any claims for anticipated profits on the uncompleted portion of the goods andtor work, for incidental or caaequenfial damages, and Nat can such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard mock, No such termination shall relieve the Purchaser or me Seller army oftheh obligations as or any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be zsmned within thirty (3O days from the date me change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance wiN all applicable laws and regulations to which Ne good are subject The Sella shall aimed. and deliver such documents as may be capital to effect or evidence complla .. All lass and regulations required o he incorporated in a,recments of this character are hereby incorporated herein by this reference. The Seller agrees an indemnify and hold the Purchaser harmless from at I costs and damages suffered by fire Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT, Neither From, shall assign trasfer, or convey met order, or any monies due or m becortm due haeumfr without me poor women corsets of the other parry. 10. TITLE. The Seller summer full, clew and unrestrica d title to the Purchaser fro all equipment, materials, and items famished in performance of his agreement free and clear of any and all liens, oomiainns, resmmians, smudry imerem encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tenons and conditions hereof. failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a broach, the rem the acceptance of or payment for goods hereunder or approval ofee design, shall not release me Seller of any of the warranties or obligations of this purohoesc order and shall not be dmmed a waiver of any right of the purchaur to insist upon strict performance hareafor, any of its rights or remedies as to any such good, regardless of when shipped, comical or acttpted, as to any peter or subsequent default hereunder, nor shall any purposed oral modification or rescission of Nis purchase order by the Purchaser operate as a waiver of any of the rents hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Probes, recognize that in actual ecnie practice, overcharges resulting from antimem violations arc in fact home by me Purchaser. Theretofore, for good cause and as consideration for executing this pumhau oNa, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state moment laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m cancer mereanfmming or defalive goods by a doe 10 be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its mobility or unwillingness to comply, me Purchaser may cauu the work to be performed by the moat expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any =lure resulting from the announce of such work. This mleae shall apply even in the event of fault of negligence of the party released and shall extend m the directors, odTcers and employees of such pang. The Sellers commonest obligations, including warranty, shall not be damed 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 acquired to ase any design, device, material or process covered by lever, put rat, madmok copyright, the Seller shall indemnify and save harmless the Pu oldro r firm any and all claims for infringement by reason of the use of such gummed deign, device, material or progas in connection wiN the mntnct, and shall indemnify the PureM1aur for any cost expense in damage which it may he obliged to pay by reason of such infringement at any time doting the pro5ecmion or after the completion of the work. In care mid equipment, or any pan thereof or the intended use of the goods, is in such suit held to cormmne infringement and the are of said equipment or part is enjoined, the Seller shall, at its own .,rise and at its Option, either procure for the Purchaser the right to continue using said equipment or prams, replace the same with industrially equal but msninrringing equipment, or modify n so it becomes noninfringii, 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, make an assignment for the benefit of credimrs, appoint a raceirs, or home for any of the Sellers pudperry or business, this ander may forthwith W canceled by the Puahazer without liability. 16. GOVERNING LAW. The definitions ofit. used or the inlerpmtalic n ofthe agreement and me rights of all parries hereunder shall be commool under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in taus where fire Seller is to perform work hereunder, including the services of Sellers Repramanitinc s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall any oa said work at Sellers own risk until the tome is fully completed and memptcC and shall. in ram of any accident, destruction or injury no the work artNar matenals before Sellers final completion and acceptance, complete the work at Senses own expense and to date satisfaction of me Practical When materials and ampmmr am f rmished by others for installation or creation by the Seller, the Seller shall receive, unlmd. store and handle same at the site and become responsible therefor as though such momriaN md/m equlpmem were being famished by the Seller under the order. .. 18. INSURANCE. The Seller shot, al his own expense, provide for Ne paymmr of workers compensation. including occupational disease bmefts, m its employees employed On or in connection wiN the work covered by this puoba.ar, made, anNor to their dependents in accordance with Bee laws of the state in which Ne work is to he done. The Seller shell also carry comprehensive general liability including, but not limited m, commetnal and automobile public liability insurance with bodily injury and death limits of Or lent $300'" far any one person, $500,000 for any one accident and progeny damage limit Per accident or S400,OW The Seller shall likewise require his continuos, if any, to provide for such contravention and insurance. Before any of the Sellars or his contractors employees shall do any work upon the premises of others. the Soler shill mouth me Purchaser with a cenificare that such compensation ad insurance have becn provided. Such certificates shall specify Bee dote when such compensation and insurance have been provided. Such cenifcates shall specify the date when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shall tat maintained until after the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability, for any and at I damage, loss or injury of any kind or nature whatsoever to persons or progeny caused by or remhin, from me execution ofthe work provided for is this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any r all of the Purchasers olEeers, .,airs and employees from and against any and all claims, lass, damages, charges or expenses, whether direct at indirect, and whether to persons or property to which fire Purchaser may Is, pm m subject by reason of any in. action, neglect, omission or default on the pan of the Sell, any of his ontranms, or any of the Sellers or contmemrs oBiews. agents or employees. In case any suit m after proceedings shall be brought against the Purchase. or its officers, agents in employees al any time oa account or by reason of any att action, neglect omission or default of Ore Sella army arras contractors or any of its or their officers, agents or employees m afinessid, the Seller hereby agrees to crown the defense Beereof and to defend the same at fee Sellers own expense, to pay any and all touts, charges, a tomeys fees and outer expenses, any and all judgments that may be lncunced by or obtained against the Purchaser or any of its Or their oRcen, agents or employees in such suns or other proceedings, and in crew judgment or other lien be placed upon or obtaind against the property Offer Purchaser, or said parties in or as a result ofsuch suits or offer Proceedings, me Seller will at once cauu the same do be dissolved and discharged by giving beard or otherwise. The Sella and his contractors shall rake all safely praaucaons, fmish end install all guards cement for the prevention of accidents, comply with all laws and cegulacams with regard to safety including, bur wimom limimtion, the Occupational Safety and Health Act of 1970 and of bales and mgulatiom issued pursuant themo. Revised 07nOI4