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HomeMy WebLinkAbout509412 WARD ALTERNATIVE ENERGY LLC - PURCHASE ORDER - 9147188PO PURCHASE ORDER 914718er Page City/ of PURCHASE 47188 1 of z Flirt Collins( his number must appear !_\V`I V " 1 1�7 on all invoices, packing sli s and labels. Date: 12/08/2014 Vendor: 509412 WARD ALTERNATIVE ENERGY LLC 215 W OAK SUITE 1000 FORT COLLINS CO 80521 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buver: DOUG CLAPP Note: ref. RFP# 7384 Transfort Site Maintenance Line Description Quantity UOM Unit Price Extended Ordered Price t Recondition IR Compressor TransFort CNG Site reference quote and revised quote per Cory kahler Contact: Mike Conley 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.mm 1 LOT LS 24,968.70 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 L COMMERCIAL DETAILS. Tax exemptions. By mature the City effort Collins is exempt from state and kcal rages. Our Exemption Number is 98401502. Federal Excise Tax Exemption Cmiftcam of Regiary 84-6000587 is regiseered with the Colleclm of Imemal Revenue, Denver, Colorado (Ref Colorado Randall Smtutes 1993, Chapter 39-26, 114 (a). Grads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ar due to defects of damage in transit, maybe moumN to you for comit mad art not W be replaced except upon receipt of waen instructions from the City affects Collins. Inspection. GOODS m , subject W the City of Fort Collins inspection on aarival. Final Acceptance. Receipt of the merchandise, services equipment or uipment in response this order can result in authorised payment on the part of the City of For Collins. However, it is W be undrrsmod that FINAL ACCEPTANCEis dependentuponamplationofall applicablead faired inspection pmccdures. Freight Terms. Shipments must be F.O.D., City of I. Collins, 700 Wood Sr, Fiat Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay fight and charge separately, fe original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufaratinds have distributing points in various pans of the country, shipment is expected from the panda distribution point to distortion, road excess freight will be deduced from Invoice when shipments are made from Lawson distance. Permits. Seller shall procure at sellers sole cost all necessary permits, unifcates and licenses required by all applicable Is., regulations, ordinances and mas off, state, municipality, tenilory or Political subdivision where me work is performed, or required by any other duly constituted poblm authority having jurisdiction over the work of vendor. Sella banker agrees to hold the City of Fan Collins harmless from and against all liability and loss Incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rates and requirements. Aulhorizmion. All parties to this contract agree that the representatives are, in fact, bona fide and posses full and Droplets authority to bind said panics. LIMITATION OF TERMS. This pachnse Order expressly limits iiarptmce W the terms and roMiliou stated herein and fork and any supplementary or additional terms and conditions worried hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected mend hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment W arrive on your, Promised delivery, date as noted. Time is affair essence. Delivery and perfoumanm most be affected within the time stated con the purchase order and the documents artarhed hereto. No acts of the Purchasers including, without limitation, acceptance ofpmial late deliveries, shall operate as a waiver onhis provision. In the event many delay, the Pnrchaier shall have, in addition to other legal and equitable remedies, the option of placing this offer elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresecable which are beyond is reasonable contend and without its fault of negligence, such acts ofGod, secs of civil or military samorhies, governments] priorities, Fires, straws, flood, epidemics, was or riots Provided that oaks, of the conditions causing such delay is given to the Purchaser within Five (5) days of Nc time when the Seller first received knowledge thereof In the event of any such delay, the date ofdelivery skill be extended far the period net to tee time rapidly on by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, matenak and work covered by Ibis offer will conform with applicable drawings, spe ifatims. samples andfr othn description given, will be 111 far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard, far work of a similar nature. The Seller agrees to hold the purchaser harmless (ram any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch of wananty. The Seller shall replace, repair or make good, without and to tee purchaser, my defects or faults arising within one (I) year or within such longer peril of time m may be prescribed by law or by me terra of my applicable warranty provided by the Seller ma the date of acceptance of the goods fumishd hereunder (accepwce not W be mreaaubly delayed), resulting from imperfect in defective work done or materials fumishd by the Sella. Acceptance or use of good by the Paaha,er shall not onstitute a waiver of any claim under this warranty. Except as otherwise provided in this Purchase offer, the Sellers liability hereunder shall readal to all damages proximately caused by the breach of any of the foregoing warranties or functional, but such liability shall in no event include loss ofpmfits or loss of one, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchrea may make changes W legal tams by warn change offer. 5. CHANGES W COMMERCIAL TERMS. Tbe Purchase may nuke any chango m the Ica¢. other rMn legal terms. including wi itiore w or deloiam from the gpmlitin ongmmlly odered in the specifican. ter drawings, by verbal or. an change arch. If my such change ¢feet, the amount due or the time ofpnfor coed, hereunder, an equitable ndjmtment shall he made. 6. TERMINATIONS. The Purchaser may at any time by colleen change order, terminate this agreement as to any or all portions of the good than cot shipped, aubjmt W any equitable shear m rid between the pmias as to coy work or materiels then in progress provided Out the Purchase shall not be liable for my claims for anticipated profs an the uncompleted portion of the goods andior work, for incidentsl or cotsaquential damages, and that no such adjustment be made in favor of the Sella with respmt W my goods which an the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adju,mment most be assm,d wihin fiery (30) days from d, date the change or admiration u ordered. 8. COMPLIANCE WITH LAW. The Seller wauants fat all goods sold hereunder shall have been prducal, sold, delivered and fmisheJ in strict compliance with all applicable laws and mgulatims to which the goad an subject. The Seller shall execute read deliver smh doemmms as maybe "uiaed to effect or evidence romplimse. All laws end regulations requital on be moorpomtd in a,marea is of this character are hereby incospoatd herein by Ibis reference. The Seller stare, to indemnify aad hold the Purchaser harmless Dom all crass and damages suffered by the Purchaser, as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign aamfer, or convey this own, in my monies due or to become disc heeurild without the prior warn caused ofthe office parry. 10. TITLE. The Seller warms full, clear and unrariaed title to the Purchaser for all equipment, materials, and items famished in performc of this agreement, free and clear of my and all liens, nsoic ions, reservations, security interest mcumbrmcesand claims of others. 11. NONWAIVER. Failorc of fe Purderw r to insist upon stnet performance of the arum and re conditions hereof. failure or delay on any rights or randies provided Laredo or by law, failure to promptly notify Ibe Seller in the event of a branch, the acceptance of or payment for gonds hereunder or approval of the design, shot] not release the Seller of any of the warranties or obligations c f this michaia order and shall not be deemed a waiver of any right of the purchaser to insist upon and performance barman, any of its rights or rcmdies as to any such goods, regardless of when shipped, rsmed or accepted, as to any May or subsequent default hereunder, rot shall any purpored oral mdificafion or rescission of Ibis purchase offer by the Purchaser operate res a waiver of any of One terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser recognize That in actual economic practice, overcharges resulting from aitnut violations are in fact home by the puombeed. Theretofore. vl far cause end as consideration for executing this purchae order, Ibr Seller hereby assigns to fe Purchattr my it all claims it may raw have or heremer acquired under federal or sure cadmium laws for such cambial relating W tee particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser duress the Seller to correct nonconforming or defective goad by a date to he agreed upon by tbe Purchaser and the Seller, and the Sella thadaRer indicates its humility or unwillingness to comply, sm Purchaser may muse fe work in be performed by Ibe .1 expeditious roams available W it, and Ore Seller shall pay all costs associated with such work. The Seller shall release fe Purchaser and its contractors of any tier from all liability and claims of any mare resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the parry, relrasd and shall extend to the diratera, officers and employees fsuch parry. The Sellds command obligations, including warranty, shall not be deems to be aducd, in any way, because such work is paromaed or caused an be performed by the Purchaser. 14. PATENTS. Whenever tee Selina is accounted to use any design, device, rmlenel or process covered by letter, patent, trademark or copyright, tee Seller skill indemnify and save harmless the Purebaser from any and all claims for infringement by reason of the use of such patented design, device, material or proaas in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rmmn of such infringement at any time during Ihe prosecution at and the completion of the work. In case said equipment, or any For thermf or tee imeadcd tau of tee goods, is in such suit held to comtinW infringement and tee sea of said rquipaidd or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right W continue using void yiii,mad or µits, replace the same with substantially equal but noninfringing equipment. ar modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become involved or bankrupt make an smigmnenl fro the benefit of creditors, appoint is receiver ar mssrce far any of the Sellers property or business, Ibis order may foMwith be canceld by the Purchmcr without liability. 16. GOVERNING LA W. Tire defmdom ofamu used Or the intoryrmation ofthe agreement and the rights of all parties hereunder shall be construed ands and gmxrned by the laws ofthe State ofColoado, USA. For following Additional Conditions apply only in cases where the Seller is to pert work hereunder, including the services of Sellers Reprtantmive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work et Seller; own risk until the same is fully completed road accepted, met shall, in caa of my accident, destruction or injury in the weak margin materials Were Seller's End completion and acceptance, complete he comb re Seller's own expire and to the satisfaction of Ibe Fairchild. When marenals and equipment arc famished by others for installation ar erection by the Seller, the Seller shall receive, unload, store and handle sum, at the site and become responsible therefor as, though such materials andior equipment were being finished by Oae Sella under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of worker compelsation, including occupational disease benefits, to its employees employed on or in connection with If, work covered by Ibis purchase offer, debar to their de andens in accordance with fe laws of the state in which the work is W be done. The Seller shall also carry comWeadvan, greeml liability includin, but not limited to, communal and automobile public liability awarded wM hall wjury and death limits rotor least S300,000 for any one peason, S5W,000 fro my accident and papery damage limit per accident of S40k0dk The Seller shall likewise raryire his ontrmmrs, if my, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employed; shall do any work upon the premises of olhers, the Seller shall famish the Pnmhaser coif a certificate that such compensation and insurance have been provided. Such certificates skill specify the date when such compensallan and insurance have been provided. Such certificates shall specify the date when such compensnllan and insurance expires. The Seller agues far such compenntim and insurance shall be maintained until aRer the ends work is completed 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 army kind Nmare whatsoever to peons or property caned by or resulting far. he execution ofthe work provided for in is purcbaa order or in exwetion here wlf. The Seller will indemnify and hold hmnlas the Purchaser and my or all of the purchaser officers. agents sold employees from and against any and all claims, lose, damages, charges or expenses, whether direr no indimet and whether W persorts or property W which the purchaser may be pert or subject by reason of any act, anion, neglect omission or default m the pan of the Seller, any of his comment , or my of the Sellers or contractual officers, agents or employers. In case any suit or other praeraimp shall he brought against the Purchaser, or its alfican, agents or employees at any time on sccomt or by mason of my.1. action, neglect omission or data.[' of the Seller of any of his contractors or my of is or their offers, agents or employs as; aforesaid, the Seller hereby agrees W assume the defense Ibereof and W defend the now at the Sellers own eapcna, to pay my and all ev rs, charges, Man,, fees and ofer expenses, any and all judgmans that may be incurs by or obtained against the Puahma or any of its or man oRcas, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon ar obtained against the property ofthe Purchaser, or said panic in or m a result of inch suits m other pamedings, the Seller will at once cause the some in be dissohd and discharged by giving bond or otherwise. The Sella and his command shall Like all safely precautions, bamish and install all guard mce,vry for the prevention of accidents, comply with all laws and minimum with regard to safety including, hot without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07n014