HomeMy WebLinkAbout549391 CAROL OSBORNE - PURCHASE ORDER - 9147638of
FOCity, Collins
Date: 12/26/2014
Vendor: 549391
CAROL OSBORNE
4215 CREEKSIDE CT
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9147638 101`2
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: 12/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Photovoltaic System Rebate
4215 Creekside Court
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
4,500.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCLV.DEPAHS.
Tax exemptions. By stamu the City of Fart Collins is exempt from sine vM lad taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regiuerM with the Collector of
Fnilurc of the Purchaser to avast upon strict perfarmmce of Ne terms aW mnditiarss hereof, failure or delay b
Imemd Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chopper 39 26,114 (a).
exercise my rights ar comedies provided herein or by law, fanlure to promptly parity the Sella in the event of a
breach, the acaptane ofor payment for goods hereunder or approval offe design, shall not release the Sella of
Goods Rejmrd. GOODS REJECTED due or failure a meet specifications, either when shipped or due to defects of
any of the wartantia or obligations of this purchase order and shill not be deemad a waiver of any right of the
damage in mash, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaser to inu6t upon strict performance hereof or any of its rights or comedies as b any such goods, regardless
imore tions from the City of Too Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any prommed
oral madifimtion or rescission of this purchase order by the Purchaser operate m a waiver of my of fire terms
Inspection. GOODS are subject to the City of Fort Collins notation on arrival.
hereof.
Final Acceptance. Rampt of the merchandise, srvicas or equipment in response to this meet an result in
it. ASSIGNMENT OF ANTITRUST CLAIMS.
authonttd paymrn, on the part of the Ciry of Fort Cullum. However, it is to be understood that FINAL
Sella and the purchaser raWatice far in mmsl eacrunce, practice, mouthing. resulting from mtimsst
ACCEPTANCE is dependent upon completion of ill applicable rryuiml initiation procedures.
violations art in fact borne by the Purcnaaer. TMretofore, fro good muse and as consideration fro executing this
purchase order, tM Seller hereby assigns b the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments mutt be F.O.B., City of Fart Collins, 700 Wood St, Fort Collins, CO 80522, unless
acmiral under fedml or state antitrust laws for such overcharges relating to the particular good or services
otherwise specified on this pea. If permission is given b prepay fright and charge separately, the anginal freight
purchased or acquird by thc Facilitator pursuant b this purchase order.
bill must accompany invoice. Additional chages fro tucking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
cxpead from Ne nearest disrlbrour Point 1. dntirci ion, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall proem, err sellers sole cost all necessary permits, certificates and licenses call by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by my other duly cansfitutd public authority havingjunsuction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hurmleu from end against all liability and loss
incurred by Nam by coacm of an moment or established violation of any such laws, regulations, ordhunces, roles
and requirements.
Auforication. All ponies to this contract agree that the representatives are, in fact, form fide and possess full and
complete authority no Nod said parties.
LIMITATION OF TERMS. This purchase Order expressly limits aceommi,, to the tams and conditions surd
herein set forth and my supplementary or additional toms and conditions annexed hereto or incorporated human by
reference. Any additional or diQerem bras and conditions pmptsd by seller on, objected to and hereby jecied.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to come can your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effiated within the time
stated on the purchase order and the documents anoctr d hereto. No cols of to Proclaim including, without
limhatlon, acceptance Offering late deliveries, shall made, m a waiver of Nis provision. In the event ofmy delay,
Ne Purchaser shall have, in addition to coke, legal ad'muble mnedies, the option edploom, this ardor eleewhore
and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a cult of delap
due lu eauus rat reasonably foreseeable which are be and its com oable antral and without its fault of negligence,
such acts of God, acts ofund or military authorities, governmental Pori fires, strikes, Bond, epidemic, wens or
dots provided that entire of the conditions causing such delay is given to the Purchaser wihin five (5) dap of the
time whin the Sella fire ifiew oil knowledge thereof. In the event of my such delay, tM date of delivery shall be
extended for the period equal b the time mmally lost by coach office delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples valor ofer descriptions given, will M fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted m ndards for work of a
similar more. The Seller Woos to hold to purchaser harmless tram any tau, damage or expense which the
Purchnsa may suffer or incur on account of the Sellers breach of wmanty. The Sella shall replace, repair or mike
good, without cost to me purchase, my defects at grate, ansim within one (1) your or within such longer peed of
time as may Ise prcamibd by law or by the terms of my applicable wmraary Provided by the Sella alter the dte of
accepmce of the good f ndd hereunder (acceptance Out In M ummwnsbly delayed), molting from impeder
or defective work done or materials frmuMd by the Seller. Acceptance or one of goods by fie Purchaser shall dbr
cormlmu a waiver army claim under this.1y. Except as otherwlu provided in this purchue order, the Sellers
liability hereunder shall extend to all damages proximately could by the breach of my of the foregoing wartentics
or guarantees, but such liability shall in no occur include loss of profits or lass 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 Puahaaer may make any charities to the Occurs, ether Nan legal arms, including additions to or delerioru from
the quantities originally ordered in to specifications or drawings, by vestal or carbon change order. If my such
change aftecm me amount due or the time of performance hereuMa, m equitable dlustm not shall M made.
6. TERMINATIONS.
The Purchaser may at my free by wrinat change What, terminate this agreement as to any or all portions of the
good then not shipped, subject to any amiable adjmtmrnt between the patties as to any work at materials then in
progress provided that the purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion pm, good mNor work, for incidental or correctional damages, and that no such djnstmmt he nude in
favor of the Seller with tespat to any gods which art the Sella standard stack. No such termination shall relieve
the Purchaser or the Seller moray of their obligations as to any goods delivered hereunder.
>. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days form the time the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all ands sold hereunder shall have been pmdueed, sold delivered wad f ishd in shier
compliance with ill applicable laws and regulations to which fie good sere subject The Sella shill execute anal
deliver such documents as may be included to eHM or evidma compliance. All Woos and continuum required to M
incorporated in agreements of this character and hereby incorporated herein by this reference. The Sella Warner to
indemnify and hold the Pmchascr broadcast from ill costs and damages sulfae l by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall wuI,, transfer, or convey this order, car my monies due or to become due hereunder without the
prior written consent tribe other party.
10. TITLE.
The Seller warrants bill, clear and umestdeted title to to Forefoot for all equipmatt po enhs, and items fmished
in performance of this agreement, free add clear of my and all liens, restrictions, regmations, warily interest
mcumbrane. and claims ofmacra
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct r o sconfacming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller the reaher indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all
costs associate with such work.
The Seller shall release the Producer and its contractors of my tier from all liability and claims of any venue
molting from the performance afsuch work.
This release shall apply even in the event of fault of negligence of fie party released and shall extend to the
directors, officers and employes afsuch party.
The Seller's can'racmal obligations, including wanmty, shall nor Its, doomed Ir M deduced, in any way, baauc
such work is performed o comed to M performed by the Pnrchma.
14. PATENTS.
Whenever the Sella is regaird to use any design, device, mammal or preess covered by letter, Eaton,, trademark
or copyright the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, experts, 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 an constitute infringement and the use of
said equipment or pan v joi d, tM Seller shall, at its own expcme, and at its option, eller procure for the
Purchaser the right or continue using said equipment or parts, replace the come wif substantially egml but
aromfiringing equipment or modify it an it become maromn'vging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or duster for my of the Sellers propmy or business, this order may forthwith M reported by me
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofit., usd or, the interpretation office agreement and the nghu of all patties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cares whore the Seller is to Perform work hereunder,
minding the services of Seller Repoesenutive(s), on the Farmers ofadars.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own risk.61 Ne same is fully complaal and xceped, tad shall,
in rue of my m ridem, destruction or injury to fie work acdlm nutemk before Seller's fivl completion and
maptance, complete Nor work at Seller's own expense and to Nor, satisfaction of the Purchase. When materiaks
and ardipmes, and fmisbed by others for installation or much. by fie Sella, the Seller shall receiva, mdoad,
store and handle same n the site and become mponsible therefor as though such mataiah said/or apartment
were being! iand by the Sella under the order.
18, INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease beach., to its employees employed on or in connection with the work covered by 'his purchase order,
and/or to their dependents in accoemce with the laws of to state in which the work is to be done. The Seller
shall also carry comprehensive general liability including. but or limited to, commctual and automobile public
liability insum ea, with bodily injury and death limits of at leas, 5300,000 for my one person, SNk W for my
accident and gruff rry damage limit per accident of SWO. OD. The Sella shall likewise require his
contmcnors, Harry, to provide far such compensation and inatione. Before my affair Sellers of his uncommon
employees shall do my work upon Nor Indonesia of others, the Seller shall famish the Purehaaer wiN s ertiftcate
that such compensation and imprmce have been provided. Such conifiwtcs shall specify for date what such
compnssa'ian and insmmce have been provided. Such certificates shall specify the date when such compensation
and insurance expire. The Sella agrees than such mmpassation and insurance shall be maintains and after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the mum mpommiliry and liability for any and all damage, loss or injury crony kind
or nature whatsoever to persons or property caused by or resulting from the execution ofNe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of fie Purchasers office s, agents and employes from and against any and all claims, losses, damages,
charges or expenses, whether direct or inform, and whether to Persons m'aWmY to which the Purchaser may
be put or subject by crown of any act, action, neglat omission or default on Ne pan of the Sella, my of his
contractors, or my of the Sellers or cantmaors officers, agents o employees. In rose my suit or other
proceedings shall M brought against the Pumhaser, m its millions, agents or employees at my time on account or
by reaon of my act action, neglaL emission o default of the SeHur of my of his rontraaars or my of its or
,Mir offcm, agents or employees as afocosaid, the Sella hereby agrees to assume Ne der' thendof and to
defend Ne same at the Sellers own ex,shm, to pay my and all it, charges, attorneys fees rail other expenses,
any and all judgments that may M incurred by or obtained against me Pa hasa or my of its or their tracers,
agents or employees in such wins or other proceedings, cod in case judgment Or other lien be placed upon or
obtained against the property of the Norma, or said parties in ar as a result crouch suits or other, proceedings,
the Seller will at once cause me same to be dissolve end discharged by giving bond or otherwise. The Sella and
his conductors shall take all safety precautions, furnish and install all gores necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations umd pursuant Neato.
Revised 07n(114