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HomeMy WebLinkAbout509360 ENERGYSMART PARTNERS LLC - PURCHASE ORDER - 9147632PO PURCHASE ORDER 914763er Page rC117/ of PURCHASE 9147632 1 of 2 ' `} Collins Ins This number must appear V ` on all invoices, packing sli s and labels. Date: 12/26/2014 Vendor: 509360 Ship To: ELECTRIC UTILITIES ENERGYSMART PARTNERS LLC CITY OF FORT COLLINS 330 S COLLEGE AVE SUITE 400 700 WOOD ST FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 12/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price t Reynolds Loan ESP141014 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 11,000.00 Total $11,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Ran�Ds Page 2 of 2 I. COMMERCIAL DETAILS. Tax ex cunt aa. By mimic the City of Fed Collins is exempt from stele and ]me[ taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax E.empliar Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe forces and constants hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starem, 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure In promptly notify ,he Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects Of any of the wartavtia or obligmions of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned W you for credit and au rot to be optical except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies M to any such goods, regardless instructions fiom the City of Fort Collins. of when shipped, raeived or accepted, as to any prior or subsequent defadl haemda. and shall any purported oral mrshfirauou or rescission of this purchase order by Ne Purthssa traded, as a waiver, of my of the it. Inspection. GOODS are subject to the City of Fort Collits inspection ow turned. hereof. Final Acceptance. Receipt of Ne merchandise, services m aluipmmt in response to this order an result in IL ASSIGNMENT OF ANTITRUST CLAIMS. mthonred payment on the pan of the City of Fad Collins. However, it is to be understood that FINAL Sella and the Trachea, deognice that in wroal aowmic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase. Theretofore, for good auu and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fad Collins,'I00 Wood St., Fort Collins, CO 80522, unless acquired under federal or slate antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separemly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit I must accompany invoice. Additional charges for packing will at be accepted. U.PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. Shipment Distance. M'hare manufacturers have distributing paints w rarion parts of the country, shipment is Seller is Iftheped gts defective good byadate to beegreedupmhy the expected fraud the ,wrest point m desntstion, and excess freight will be deducted from Invoice when Seller afters indicatesto comply, the Purchases end the Sella, and the Selley and trdirtela, a radiates its inability or lable fiam, dishi shipment are made fraud greater dshame. shipments to shall by the mast expeditious means available to it, and the Seller shall pay all cony arias the work to ch the Pay l orfhrmed costs assmialed wiN such work. Permits. Seller shall procure sellers sole cost all permis, cenifieares and litttses required all w a state, political subdivision where applicable laws, regulations, rd and helps urea, municipality, territory The Sella shall release the Purchased and its comnnors of any riff from all liability and claims of any nawre lythe having jurisdiction illion over the work by anyOther public authority in the is performed,or aired by rcsnhing from the performance triosu<M1 work. raSoveset Fort Collins harmless Berm and egoitsi all liability and loss of eCity of from vendor. Seller further agrees to hold the City them by mown of an asserted or established violation of any such laws, regulations, ordinances, roles inured li in This shall apply prey in the event of fault of negligence of the party released and shall exend W the and requi¢ment. re Jirtc[ors, officers and employees of such party. ons,releaseof Ammrimtion. All ponies to this comma agree that the opeamedives are, in fact, bona fide cab possess full sad The Sellers consdoctual obligations, including warranty, shall not be divided W be reduced, in my way, became complete amhmity to bind said ponies. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS This Purchase Order wpressly limits acceptance to the terms ttd candidate shared herein ad foM and my supplementary or Wide.) fonts and conditions amazed Farm or incorporated herein by reference. Any additional or different terms and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete Shipment to arrive on your premised delivery date as noted. Time is of the ameae. Delivery and performance ..at be.Hertel within the time stated on the purchase order and the dmmnent attached harem. No ass of the Purchasers including without limitation, acceptance of partial late deliveries, shall operam M a waiver of this prevision. In the went of any delay, the Purchaser dull have, in addition to other legal and equitable comedies, hie option of placing this order elsewhere and holding the Sella liable fin damages. However, the Sclltt shall col be liable for damages as a result of delays due to eases not dwkombly foreareable which are beyond its rersonable central and without its fault ofmgligence, such acts of God, acts ofcivil or military authorities, govemmmUl priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions rousing such delay is given to the 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 be extended for the period equal m the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, Specifiaii ns, Swgjka wi other dauriptions given, will be fit for the purposes intended, and pert ed with Me highest degree of care and competence in accordance with accepted stmdaad for work of a imihv Mane. The Sella agrees m hold the purchaser Rvmleu from my loss, damage or expense wM,h the Purchases may seller or incur on..am ofric Sellers breach of xarmnty. The Sella shall release, repair or make good, witho d rest to the purchaser, my defers or faults arising within owe (I) year Or within such linger period of time n may be prescribed by law or by the terms of my applicable warrmry provided by the Seller after the date of acceptance ofthe goods finished hercmder (acceptance not in be umcawmbly delayed), resulting Gam imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Pmclaaser shall nut constitute a waiver of my claim under this warranty. Except M otherwise provided in this purchase order, hie Sellers liability haeakesi shall extend to all damages pmarriamly caused by the breach of my of the foregoing warranties or panorama, but such liability Shall in tin event include loss of profits or loss often. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES BJ LEGAL TERMS. The purchaser duty make cM1anges m legal rrmu by whom change order 5. CHANGES IN COMMERCIAL TERMS. Tat Purchaser may make my changes to the moms, other than legal Min¢, including additions to or deletion from the quantities originally ordered in the specifications or drawings, by verbal or wdnen change order. If any such change affect hie amount due or the time of performance hereunder an equitable adjustment shall act, made. 6. TERMINATIONS. The Purchaser may at any time by wnnm change coda, termiwte this agreement as to any or all portions of the good than for shipped, subject he any dasher le adjusment ha va. the ponies as to my work or maMrials then in progress provided that the Purchaser shall rest be liable for my claims for anticipated profits on the uncompleted portion of the good anaor work, for ineidenal m casequential damages, had that no such adjustment be made in favor of the Sever with respect to any good which are the Sellers smedical stock. No such termination shall relieve she Purchaser or the Seller ofmy ofrheir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nwroad within thirty (30) Jays from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella windows that all good sold hereunder stall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are sobjat The Seller shall execute and deliver such documents M may be required to effect or evidence cempliaace. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all mat sad damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer or convey this order, or my marries due or W became due hereunder without he prior women consent ofthe other parry. 10.TITLE. The Seller warans full, clear nd umnmoct title be the Purchased for SH ttryipnrcnr, naarrim, and in. fmkshed or pMm of this agrtemmr, Ga Sad clear of my real all liens, ravictiaas, rwenations. umoty interest acumbrmcw and claims of other. 14. PATENTS. Whenever the Seller is required to use my design, dome, material or pmeess covered by letter, patent, tdodemark or copyright, the Seller shall indemnify and cove harmless the Purchaser from any and dl claims for infringement by ream, of the use of Such Patented design, device, radanal or process in connection with the contraa, and shall indemnify the Purchaser for mry cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or we, the completion of the work. In cox said equipment, or any pm th mord or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pm is enjoined, the Seller shall, al its own expense and st its option, either pmcmt for the Purchaser the right to continue using said equipmat or Pans, replace she same wid, substantially equal but coninfringing equipment, or modify it so it becomes twninfr'nging. I S. INSOLVENCY. If the Seller shall become miniver, or bankrupt, make m msigmnem fin the benefit of addlWn, appoint a acericier m mrnme for my of the Sellers Employ err business, this alder may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions ofit. used Or he interpretation of the egradmil and hie rights ofall parties hercmder shall be construed under and govcmed by the laws ofthe Sense i f Colorado. USA. The fallowing Additional Conditions apply only in cases where the Seller is W perform work hareuvdtt, including the services m'Sellcrs Represenhative(s), on the premiss o(othcrs. 17. SELLERS RESPONSIBILITY. The Sella Shall tarty on Said work at Sellers own risk until the same is fully completed and accepted, and shall, in eau of any accident, dwtmclion or injury, to the work Snack materials before Sellers final completion and ncepmnce, complete the work a, Sellers man expense and to the satisfaction of the Purchaser. When materials W equipment are famished by others for installation or ardion by the Seller, are Seller shall receive, reload stare anal handle Same hat the site and become responsible therefor M though such materials moor equipment were being finished by the Seller under the maker. 18. INSURANCE. The Seller shall, at his own exprme, provide for the payment of workers compensation, including accu,do.] disease be sail, an its employees employed on or in awmation with the work covered by this purchase order, moor to their dependens in acemdance with the laws of the smte N which the work is to be done. The Sella shall also carry mmprehttaive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at lent S3 W,o00 for any one person, $500,000 for any one accident and pWlsaty shrka., limit per, accident of 5400,000. The Seller shall likewise require his ontmctors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of ancces, the Seller shall finish the Purchaser with a cerebrate that such compensation and insurance have been provided. Such certificates shall specify hie date when such compensation and u.a, have ban provided Such artifcares shall specify the date when such enmpensmian and imumnce expires. The Sella agree that such compere don and insudovce shall be mainhained until after red entire weak is eamplaed and acepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby madames the entire rtsponsibility and liability for my and all damage, loss or injury of any kind or nature wharsower to persons or property caused by or resulting from the execution of the work provided for in ,his purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser end any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damagra, charges or expenses, whether direct or indirect, and whether to persons or property, to which the Purchxda may be put or subject by reason of any act, when, kegler,, omission or default on the part of the Seller, any affix coltwctms, or my of the Sellers or contractors officers, agents or employes. In pose my suit or other proceedings shall be brought against the Purchases, or its officers, agents m employers at my time on account or by ream, of my and. action, ncglar, omission or &feel. of the Seller of any, of his contracors or any of its Or Nei, officers, agents or employers as aforesaid, the Seller hereby agree m assume Ne defense thereof and in defend the same at the Sellers own expense, to pay my and all cads, changes, wisdo s fees and other expenses, Say and all judgments that may be incurred by or obtained against the Purchases m my of its err their oRcers, 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 cause the come to be dissolved and dis<M1mged by giving bond or otherwise. The Seller and his contracon shall take all Safety precautions, finish and install all guard necessary for the prevention of accident, comply with all laws and regulations with regard to Safety including, but withom limiatom, she Occupational Safcry and Health Ad of 1970 anal all rates sail regulations issued pursuant theme. Revised 07n014