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HomeMy WebLinkAbout509360 ENERGYSMART PARTNERS LLC - PURCHASE ORDER - 9145309Fort Collins Date: 09/15/2014 PURCHASE ORDER Vendor: 509360 ENERGYSMART PARTNERS LLC 330 S COLLEGE AVE SUITE 400 FORT COLLINS CO 80524 PO Number Page 9145309 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: 09/12/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Behr Loan 1 LOT LS 12,256.45 ESP140604 2 M & M Quenzer - 1 LOT LS - 5,181.72 ESP140707 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: rJERR VA City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMF.RCIALDETAIIS. Tax exemption. By square the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number 6 I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with use Called., of Failure of the Purchaser to insist out soma perf me, of the tam¢ and conditions henaf, failure or delay to lam.] Revenue, Denver, Colorado (Ref Colorado Revised Statures 1973, Chapter 39-26. 114 Pd. exeaise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a French, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REIECI'ED due to failure to meet specifications, either when shipped or due to defcts of any of the warranties or obligations of this purchase order and shall not he decmnd a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written p nchaser to insist upon strict perfortnmce hereof., any of its rights or remedies as to any such goods, regardless instructions from the City inferior Collins. of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any patported oral modification or remission of this purchase order by the Purchaser operate in a waiver of any of the teens Inspection. GOODS ere subject to the City of fan Call ins inspection on arrival, hereof. Final Accepance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual . is practice, overcges harresulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bone by the Purchaser, Theretofore, cause and as conideration for executing this purchase order, the Sell. hereby assigns to the Purchuer any and all claims it may new have or hereafter Freight Terms. Shipments nun be F.O.B., City of Fours Collins, 700 Wood St., Fan Collins, CO 80522. unless acquired under federal or stare antitrust laws for such overcharges relating to the pmienlo goad or services otherwise specified on this under. If permission is given an prepay freight and charge separately, the original freight paremsed at acquired by the Purchaser Pursuant in this purchase order. bill most accompany avenue. Addmtimul charges for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. where manufacturers have distributing poirm in various pats of the country, shipment is Film purchaser directs the Seller to corn. nonconforming or defective good by a dorm be agreed upon by the expected from the cement distribution point to destin r ion, and excess freight will be collateral from Invoice when Purehaver and the Sella, and the Seller thereafter indicates its inability an unwillingness to comply, the Purchaser shipments arc made from greater disunce. may cause the work to be Performed by the most expeditious mean available to it, and the Seller shall pay all vests assaiatN with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction aver the work of vane, Seller further agrees to bald the City of Fan Calais harmless from and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and co irmenu. Authorization. All parties to this contact agree that the expresentatives are, in fact, bons fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conditions stated herein set fond and any supplementary or additional inns and munitions amexal hereto or inumsWo ed herein by fiffia roc. Any additional or different temps and conditions proposed by seller are ob erred to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou came, make complete shipment to arrive on your promised delivery date as noted. Time is of the asenm. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the even, of any delay, the Purchaser shall have, in addition In other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not IR liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without ies fault of negligence, such acts of God, acts ofeivil or military authorities, W-cormand priorities, fires, strikes, Rood epidemics, was or riots provided that notice of the conditions causing such delay is given to me Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he extended for me peried equal to the fine actually lost by rmmn of the delay. 3. WARRANTY. The Seller w. that all good, articles , materials and work covered by this order will conform with applicable drawings, specifmtimes, samples ardor omer desorption givro, will be fit for no purposes intended, and performed with the highest degree of ore and comp Bence in accordance win accepted standard for work of a similar wrote. The Seller agrees to load the purchaser hurdles, from my loss, damage or expense which the Purchaser may sinter or incur on mcoun, of the Sellers breach of oorman. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults moving within one (1) year m within such longer period of time as may be prescribed by law or by the terms of any applicable wart provided by the Seller inner the date of eceuance of the good finished hereunder (acceptance not to be coreamrtably delayed), resulting from imperfect or defective work done or materials furnished by the Seller, Acceptance nr use of goods by the Purchaser shall not constitute a waiver of any claim under this woromy. Except as otherwise provided in this purchase order, the Sellers handily hereunder shall extend to all damages proximally nowal cmd by the breach of any of the foregoing wammoa or guarantees, but such liability shall in no even, include Ins of profs 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 changes to legal terms by wrium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may creak. any changes a the rant nfer fvn legal terms, including addaiav to or del.iom from the qt amid. originally ordered in the specifications or dmwmgs, by verbal or wrinen change order. If any such change alTecm the amount due or the time of perfo unnnce hereunder, an equitable adjournment shall be made. 6. TERMINATIONS. The Purchaser may at any time by stu al change order, terminate this agreement s to any or all portions of the good then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated mofts on the unmmple al portion of the goods andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchser or the Sella of my of their obligation as to any goods delivered bereueda. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most ed asserted within thin (30) days cam the date the change or termination is ondaed. 8. COMPLIANCE WITH LAW. The Seller wmmnis that all good sold hereunder shall have been produced, sold, delivered and famished in sumet compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be, required to effect or evidence compliance. All laws and regulations required an be, incorporated in agreements of this character an hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Furtherer as a reset, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mansfeq or convey this order, or any monies due or to become due hereunder without the prior written consent of the be, party. 10. TITLE. The Seller warrants full, clear and unfesfiined title to the Purchaser for all equipment, materials. and items fmished in performance of this a reement. free and clew of any and all liens, restrictions, reservation, sectuiry interest astronomers and claims ofolters. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dratma,.Rca s and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not be demand to ha reduced, in any way, because such work is performed or caused to be performed by me Purchaser. 14. PATENTS. Whenever the Seller is required It use my design, device, material or process covered by lever, patent, trademark or copyrights the Sella shall inderutify and save harmless the Parent from my and all claim, for infringement by annex of the use of such patented design, desire, material or process in connection with no 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 my time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to ennstime, abrogated and the use of said equipment or pan is enjoinal, the Seller shall, at its own expense and at its option, either procure for the Purchner the right to continue Wing said equipment or parts, replace the same with substantially qnl but ooninGnging equipment, or modify it so it becomes nomminging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or nuance for any of the Sellers property or business, this aide, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or Om interpretation of fe agreement and the rights ofall parties hereunder shall be contmed under and go oemcd by the laws oftlrc Sure afC.wm l USA. The following Additional Conditions apply only in cases where rise Seller is to pert work hereunder, including the services of Sellers Reoresentative(s), on the premises clothiers. _. 17. SELLERS RESPONSIBILITY. . The Seller shall tarty on said work at Sella s own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance. complete the work at Seller's own expense cantothe satisfaction of the Purchaser. When materials and equipment are famished by Others for orientation 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 and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for me payment of worries compensation, including recognition disease benefits, to its employees employed on or in correction with the work covered by this purchase order, maker to their dependents in accordance with me Uses of the slate in which the work is to be done. The Sella shall also carry mmprt iefi ive general lubtlo, including, but cat limited to, commrmal and automobile public liability brommnce with bodily injury and death limits of a, leas, S300,000 for my one person, S500,000 for my one accident and property damage limit per accident of S400,00R The Sella shall likewise requite his conrmxa x, if my, to provide for such componen titan and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fmish the Purchaser with a anifmte that such compensation and insurance have been provided. Such certificates shall specify me date when such ompanation and insurance have been provided. Such cali0mms shall specify the date when such compensation and iri mare expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes,he antim responsibility and liability on any and all damage, loss or injury of any kind or nature whosoever to person or property causal by or resulting from me execution of me work provided for in this purchase order or in connexion hetewith. The Sella will indemnify and hold harmless the Pmchzmr and any r all of the Purchasers officers, agents and employees from and against any and all claim, losses, damages, charges or experue, whether direct or indirect and whether m persons to progeny to which the Purchaser may be put or subject by ream or any act, some, neglect, omission or default on rise pan of me Sell., any of his contractors, or any of the Sellers or covtmetors oflicea, agents or employees. In ters, any suit or other proceedings shall be brought against the Franchiser, or its officers, agents or employees al any time on sceomt or by reason of any act action, neglect, omission or default of me Seller of my of his contfuMrs or any of its or their appears, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expertise, to pay any and all costs, charges, anomcys f es and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officer. agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or abuinul again, the property of the Purchaser, or said parties in or as a resin, of such suits or omer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precauncirs, furnish and inmll all ground nme,vry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, no Occupationl Safety and Health Act of 1970 and all roles and regulation issued pmsumt thereto. Revised 07n014