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HomeMy WebLinkAbout497862 CITY OF FORT COLLINS NATURAL AREAS - PURCHASE ORDER - 9147641PO PURCHASE ORDER 9147641 Page C117/ of PURCHASE 47641 1 of z Flirt Collins( n all i tuber must appear !-\V`I ` V �7 on all invoices, packing sli sand labels. Date: 12/26/2014 Vendor: 497862 CITY OF FORT COLLINS NATURAL AREAS ATTN: ZOE WHYMAN PO BOX 580 FORT COLLINS CO 80522 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 Hoffman Mill Rd - Nix Farm 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@fogov.com 1 LOT LS Total Pay terms net 30 days Invoice Address: 8,700.00 rc0i1x1it1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCW.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local nixes. O s Exemption Number is 98-04502. Federal Excise Tax Exemption Caffeine of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Smlres 1973, Chapter 39-26, 114 (a), Gonda R,Camd. GOODS REIECTED due f failure m meet specifications, eiher when shipped or due to defects of damage or basil, may be returned in you for credit and are pot to be replaced except upon receipt or wri in imtmctians fen the City ofFmt Collins. Inpcdion. GOODS are subject to the City of Fort Collin inspection on removal. Final Acceptance. Receipt of the merchmWise, services car ex,opment in reports to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understand thatFINAL ACCEPTANCE is dependent upon completion ofall applicable r x mred inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fart Collins, 900 Wood St, To" Collins, CO 80522, unless otherwise specified on this order. Ifpemricsion is given to prepay freight and charge separately, the original freight bill must accompany amnia. Additional charges for packing will not he incepted. Shipment Distance. Where manufacturers have distributing paints in variants parts of the Country, shipment is expected from the nmrtsl distribution point to destintion, and excess freight will be deducted firm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, cenificance unit licenses required by all applicable laws, regulations, ordiourn. and tales of the stale, municipality, territory or political subdivision where the work is performed, or required by my other duly contitmed public authority having jurisdiction over the work of vendor. Seller further agrees to hold she City of Fort Collins harmless fmm and against all liability Coal loss incurred by them by reason of not warred or established violation of any such laws, regulations, ordirences, tales and carcinomatous. Authommmi All ponies to this contract agree that the repmumenves art, in fact, honer fide and possess full and complete milarairy to bind said panic. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the teens and conditions stated herein set Earth and any supplementary or additional leans and conditions annexed hereto or incorporated herein by reference. Any additional or dilTerent terms and conditions proposed 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 promised delivery date is, noted. Time is ofthe issuance. Delivery and perm antt must be eBe red within the time stated on the purchase order and the docommis attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliacries, shall Climate as a waiver of this provision. In rise event of any delay, the Purchaser shall have, in addition to other legal and alienable remedies, flue option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fir damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such Cars of God, cols of civil or military authorities, governmental prionties, fires, strikes, Rod, epidemics, wars or noes provided that notice of the conditions causing such delay ¢ given to the Purchaser within five (5) days of the time when %e Seller first received knowledge Hereof. In the evens of my such delay, the date of delivery shall M extended fin the pmod actual to the time molly Met by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, matmals and woe covered by this order will conform wish applicable drawings, spaifcatim, wroplea and/or other description given, will h fit for the proposes intended, end performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless (ram any loss, dvnage or expense which the Purchaser may suffer or incur on account ofthe Sellars breach ofw'ananty. The Seller shall replace, repair or make gad, without cost to the Purchaxeq any defects or faults arising within one (1) year or whin such longer period of time as maybe presenth d by law or by the mma ofany applicable wabnly provided by she Seller after the time of accepmntt of the goads famished hereunder (arequence not to be mreasorebly delayed), resulting fmm imperf t or detective work done or mmeriah fumishd by the Sella. Acceptance or one of good by the Purchaser shall not Constitute a waiver of my claim seder this warranty. Except as otherwise povided in this purchase order, the Sellers liability hereunder shall exted to all damages proximately canoed by th, breach of my of the f going waadmies or gamentees, but such liability shall an no event include loss 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 term by wtinrn change We, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may rake my changes in the mans, other than legal terns, including additions to or deMiom from the Consulates originally ordered in the specifications in drawings, by vnbal or written change area. If my such change affects she amount due or the time ofpfifmaince barracuda, m Coulomb, adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by wines change order, terminate This agreement as In any or all pinions of the gods then not shipped, subject to any stumble adjustment between the parties in to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads and/m work, for incidental or eareaqueneial damages, and chat no such djuUmmt be its in favor of the Sella with respect to my good which art the Sellm swoon stock. No such Lamination shall reline Out Pumhser or the Sellef ofmy of their obligations as as any goods delivered hereunder. 9. CLAIMS FOR AD)USTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date she change or tan iwlion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws end regulation to which the goods are subject. The Sella shall execute and deliver such Ch amenls in may be required to effect or evidence Camphorate. All laws and regulations captured to be incorporated in agreements of this chromer are hereby imamseatd herein by this reference. The Seller agnen 10 indemnify and hold Ne Purchaser hounless fmm all costs vW damages fiefred by the Purchaser n a result of the Scllm failum to Comply with such law. 9. ASSIGNMENT. Neither pray shall assign, counter, or Convey this order, or any come m due or to become due hereuder without the poor wines consent of the other party. 10. TITLE. The Selluwartanrx fall, clam and uosasNned lit], f the Porchasa far all Couipmmt matm.E, and it. furnished I. Pcommater. of Nis egreenaoL fee and that, of my and all liens, nntrictions, reservations, security inherent mcumbances and claims of others I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay no exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment For goads hereunder or approval of the design, shall not octane the Seller of any of the warranties or obligations of this purchase order and shall not be datmd a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or candies as b any such goods, regardless of what shipped, counced a accepted, as f any prior m subsrqurnt defrch heremala, nor shall any posponed and modification or rescission of this Purchase order by the Purchaser operate ss a waiver of any of the cones henmf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting frvm antitrust violations ere in fact boom by the Purchaser. Theretofore, nfor rgood cause and as consideration for executing this ,.he. order, the Sella hereby assigns to the Purchaser any end all claims it may now have or hereafter acquired under federal or sate poorest laws for such oveshargn mining to the particular goods or services parchased ar ucqukd by the Purchaser pursuant to Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimets the Seller in correct nonconforming or definitive goods by a date to M agreed upon by the Pumhaser and the Seller, and the Seller thereafter indicates its inability or wwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions mean available to it, and fire Seller shall pay all Casts associated with such work. The Seller shall release the Purchaser and its contractors of any her 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 patty, relessd nand shall extend to the directors, olBcers and employees ofsuch may. The Sellers Conlrequal obligations, including wmmnty, shall not be deemed in he Iacocca, in my way, because such work is performed or caused f be perfumed by Ne Purchaser. IC PATENTS. Whenever the Seller is required to use any design, device, mtmal or promax covered by later, patent, trademark r copyright, the Seller shall indemnify and save hamlets Ne Purchaser firms any and all claims for infringement by remain of the care of such patented design, device, oaterial or process in connection with the Contract, and shall indemnify the Purchaser for any cast, aspens or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or offer the completion of the work. In . said aryipmmt, or my pan thermf or the intended ace of the good. el as such suit held to mnstimte inGingemrnl teal the use of said aluipmml a pan is ajoined, the Seller shall, or its own expense and at its option, either pmrnre for Ne Purchaser the right as continue using said equipment on pans, replace she same with substantially must but noninGanging equipment, or mdify it sa it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall became insolvent or baNwpt. make an assignment for the benefit of creditors, appoint a miniver or trustee for my of the Sellers property or business, this order may forthwith be canald by the Purehaerm without liability. 16. GOVERNING LAW. The definitions oficros used or the interprtation ofNe Comm end and the rights of all pfi is Montrone shall be cmnhud coda and governed by she laws ofthe Sate of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereanda, including the services of Sellers Repreareative(s), on the premises of others. I). SELLERS RESPONSIBILITY. The Seiler shall tarry on said work at Scllcrs own risk unfit the same is fully completed and ucox ted, real shall, in case of my accident, dalmatian or injury re the work pedlar smtenais bef Seller's fetal Completion and accep., complete fie work at Sellers own expense and to floe amisfaclion of the Purchaser. When natenals ad Coopmma art fumkhca by Cuban for installation or erection by the Sella, tha Seller shall receive. urdoad scam and handle same a1 the site and become rtsponsible therefor as though such materials amllor equipment were being famished by the Seller seder the moon. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workm compensation, including occupational disease benefice, to its employees employed on or in monection with the work Covered by this purchase order, arWor 10 can, dependents in accordance with the laws of the .is in which she work is N h done. The Sella shall also merry Comprehensive geranl liability including, but not limited to, contmetual and amannobile public liability ireunnce with fatlily injury ad death boom arm leant S300,00(i for my me person, E500,000 ibr any one accident said pmpeny damage limit per incident of 5400,000. The Seller shall likewise memo, his wmmtions, if my, to provide far such Compensation and insurance. Before any ofthe Sella or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchnser with a certificate that such campensaion and insurance have bean provided. Such certificates shall specify the dte when such compensation and insurance have been provided. Such certificates shall specify the date when such compensatnn and insurance expire, The Seller agrees that such compensation and imueance shall be =trimmed until after the entire work is completed must accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asaumts the anni a rtsponsibiliry and liability fen any mul all damage loss ar injury ofany kind or more whatsoever to persons or proper mused by or resulting fmm the exetatioo of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless she Purchasm and my r Ill of the Purchasm officers, agents and employees from and against any and all claims, Ins., damages, charges or expenses, whether direct or inducer, and whether to persons or progeny, to which the Purchner may be put or subject by reason of my nit, action, neglect, omission or default on the pan of the Seller, any of his connection, or any of the Sellers or contractors oticem, agents at employees. In case any suit or other proceedings shall M brought against the Purchaser, or its olicau, agents or employees at my time on account or by rennin of my att action, aeglat omission m default of the Sella of any of his contractors or my of its or Nee officers, agents or employees n attention, the Seller hereby egrets In assume the defense tha nif and to defied the setae at she Sellers own expense, to pay my and all costs, charges, mtomeys fees and other expenses, my and all judgments that may he incurred by a obamd against the Purchasm err my of its or thek titian, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed spas or obtained against the property of the Purehner, or said parties in or n a recruit of such suits or other proceedings, the Seller will at once cause me same to he dissolved and disebarged by giving band or oNerwiae. The Seller and his contractors shall take all safety precautions, famish and install all guard Meatier, for the prevention of accidents, comply wish all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant ferato. Revised (OnO14