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HomeMy WebLinkAbout509360 ENERGYSMART PARTNERS LLC - PURCHASE ORDER - 9145804PURCHASE ORDER PO Number Page City of PURCHASE 9145804 +oft Flirt ( OI I Ins This number must appear /,,.!"_`�,/`' V " 1 1 on all invoices, packing sli s and labels. Date: 10/08/2014 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: 10/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Poling Loan ESP140804 Invoice #44 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 Total Pay terms net 30 days Invoice Address: 7,125.70 125.70 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 stalule the City of Fan Collins is exempt from slate and local taxes. Our Exemption Number is 98-0 502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is legistnd with the Collector of learned Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECTED due to failure m reel specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and art not to be replaced except upon receipt of wrinen instructions from the City of Fart Collins. Inspection. GOODS art subject to the City of Pon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, service of equipment in nspome to Nis We, car ravish in amlwdned payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection Wince lmal. Freight Terms. Shipments most be P.O B., City of Fen Collins, too Wood St, Fort Collie, CO 90522, unless otherwise modified on this order. Upermission is given an prepay freight and charge sepsmtdy, the origimd fight bill most accompany invoice. Additional charges forpocking will not be accepted. Shipment Distance. Where manufacturers have distributing proms is vision. as of the country, shipment is expected fat the merest die bmion point to drstination, and excess freight will be deducted from Invoice when shipments are madef greater distance. Perrie. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, oMi... and mles of the some. municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Rome, ngrees la hold the City of Fort Collins familiar from and against all liabiliry and loss inc urred by than by rconn of an asserted or established virlalimn .f any such laws, regulations, ordin turea, rules nd requi,mncnts. Authorization. All panics to this contract agree that he representative are, in fact, bona fide and Rosevear full and complete authority to bind said Panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions armexd hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imm s iamly ifyou cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time staled on the purchase order and the documents attached hemia. No is of the Pensioners including, without limitation, acceptance of parent late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this only, elsewhere arm holding the Seller liable for damagas. However, the Seller shall nor be liable for damage as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable cannot and without its fault of negligence, such it, .176m. aces afci,il or milimry authorities, governmental priorities, Gres, solids, Rood, epidemics, wars or Does provided Jut notice of the conditions causing such delay is given to the Puachaser within five (5) daya of the time who the Seller first received knowledge thermf In the event of any such delay, the date of delivery shall od vended for the period egaal to she time actually Ian by reason of the delay. 3. WARRANTY. The Seller resources that all goods, articles, materiaB and work covered by this onler will conform wiN applicable drawings, specifications, samples anNor other description given, will be fit for the pulpit intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a mils, nature. The Seller agrees to hold Ore purchaser hitmless Gam any lass, damage or expenx which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seiler shall replace, repair or make god, without cost to the purcha er, any defms or faults arising within one (1) year or within such longer period of time as may M prescribed by law or by the emu of any applicable wamnty provided by the Seller after the data of acceptance of the goads famished hereunder (acceptance not eo be unreasonably delayed), resul,mg from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall our oneimre a waiver of any claim under this wamnty. Except e.thetwire provided in this pufchme order, the Sellers liability bereunda shall extend to all damages proximadly caused by the breach of any of the foregoing is normal es or guarantees, but such liability shall in no 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 Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change Polar. If any such change offmts the amount due or the time ofperfomtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement n to any or all ponimss of the goods then not shipped, subject to any acti mble udjustmenn between the parties us to any work Or materials then in progress provided drat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andlor work, for incidental or consequential damages, and that tun such adjunmmt be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser err the Seller of any oftlacir obligations as to any gands delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be mesened within Nirty (30) days fmm dte date the change or termination is mdered. S. COMPLIANCE WITH LAW. The Seller commands that all good sold Immunder shall Faye been produced, sold, delivered and fumishd in strict compliance with sell applicable laws and regulations a which she .it, are subject. The Seller shall execute and deliver such documents as, may be required to effect or evidence mmpImum. All laws and regulations required to be mcopocind in agreements of this character am hereby incoryoetod herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by lire Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this under, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants bit, at. and ueesoicted fine to the pectchma far all equipment, materials, and it. furnished in performance of this agreement f and clear of my and all Baru, resmetiow, reservations, security beards, mcumbnnce and claims of others. 11. NON WAIVER. Failure ofthe Purchaser to insist upon strict performance of the temu and mditioo hereof. failure or delay to exercise any rights or remedies provided Earth, or by law, failure to promptly notify, thc Seller in me ,at of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver army right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, repisfirca of when shipped, received or acceptd, n many prior or subs yurnt default hereunder, two shall any puryorted oral modification or rescission of this purchase order by the Purchaser operate us a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual m is practice, overchre arges sulting from antitrust violations, are in fact home by the Purchaser. Theretofore,nfor rgood cane and as consideration for executing this purchase order, the Seller hereby resign to the Purchaser any and all claims it may now have or hereafter anqum,J ender federal or state It. laws for such overcharges relating to the particular goods m airvi,es pmchered or acquired by the Purchaser pursuant to Nis purchase oNer. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to complY, the Purchua may cause the wink to be performed by the most expeditious Ones. available to it, and the Seller shall pay all costs associated with such work. The Seiler shall release the Purchaser and its mntmetors of any lie fmm all Imilily and claims of any nature resulting fmm due performance of such work. '[Its release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers coed amployes afs.ch party. The Sellers ro nnonall obhurba ns, including wurranry, shall not be deemed to be reducd, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is squired to me any design, device, material or process covered by lever, patent, mdcmark or copyright, the Seller shill indenmi by and save boneless the Furtherer from any and all claims for infringement by motion of the use of such patented design, device, material or process in connection with the contract, and shall community the Purchaser for any cost, expense or damage which it may be obliged to pay by reamer of such infringement at any time during the permeation or alter the completion of the work. In case said is uipme d, or any pan thereof or the intended Pan of the goods, is in such suit held to constitute infringement and the rise of said equipment or pact is joined, the Seller shall, at ors own estimate arm at its option, either procure for the Franchise, the right to continue using said equipment or parts, replace the same with substantially actual but noninGnging equipment, or modify it so it becomes nrninfringing. 15. INSOLVENCY. If the Sella shall become insolvent m bankrupt, make an asigtmmnt for the bench, of aredimrs, appoint a or counce far any of Ne Sellers property or busineu, this order may forthwith be crowded by the Purchaserwithout liabiliry. 16. GOVERNING LAW. The definitions ofm. usN or the interpretation of the agreement and the lights ofall panic hereunder shall i, conswed under and governed by the laws of the Store of Colomm, USA. The following Additional Conditions apply only in taus where the Seller is m perform work hereunder, including R. service of Sellers Repreaenedive(s), on the premises of others. 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 use of any accident, destruction or injury W the work and/or aromas before Sellers final completion and accep., emplace the work at Sellers own expense and to the satisfaction of Ne Pmclular. When mmerisls and tyuipmmt are furnished by .,hers for installation or election by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andor equipment were being famished by the Seller under the oNer. IS. INSURANCE.. The Seller shall, at his own expense, provide far the payment of workers compensation, including occupulional disease benefits, to its employees employed on or in connection with $e work covered by this purchase order, mdrm to their do dualmts in mosparmse with the laws of the sum in which the work is m be done. The Seller shall also tarty mmptehmsive gmam Imnliff including, but not limited to, mmructaal and automobile public liabiliry insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premix, of others, the Seller shall fireandish the Purchaser with is madman that such compensation and insurance have been provided. Such renificates shall specify the date when such compensation and insurance have been provided Such cenificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compenwtion and insurance shall be maim eral until after the entire work is complad and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or hPimre whauaever to persons or property vuud by or resulting fmm the execution infuse work Provided for in this Rubber. oNer or in connection herewith. The Seller will indemnify end hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from end against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reacon of any act, action, neglect, omission or der It on the part of the Seller, any of his contractors, or any of the Sellers at communal officers, agents or employees. In case any suit or other proceedings shall be, brought against he Purchaser, or its oRcem, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his emanations or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to defend the same at the Sellers own expense, to Fay any and all costs, charges, aU..M fees and to, expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once are the same Or be dissolved and dischamd by giving bond or otherwiu. The Seller and his cortmaons shall Pike all safety Encomiums, Garnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limicalled, use Occupational Safety and Healf Act of L970 and all rates and regulatiom PbPm puPPPwl thereto. Revised 07a0A