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HomeMy WebLinkAbout212841 CITY OF FORT COLLINS FACILITIES - PURCHASE ORDER - 9147642Fort Collins PURCHASE ORDER Date: 12/26/2014 Vendor: 212841 CITY OF FORT COLLINS FACILITIES PO Number Page 9147642 1of2 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 Photovoltaic System Rebate Senior Center- 1200 Raintree 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.00m 1 LOT LS 15,000.00 T 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and load tarn. Our Exemption Number is I L NONWANEB. 98-04502. Federal Excise Tax Exemption Centric. of Registry M-6000587 is registered with the Collator of Failure of me Purchaser to two upon sector puff of the comes and mtWitioru hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26,114 (a). carmise any rights or remedies pmveded boom or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall Out relesse the Sella of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either whin shipped or due no defers of any of the wmmnties w obligations of this purchase, order and sal not be deemed a waiver of my right of the damage in transit, may be renamed in you for credit and are not to be replaced except upon cucart of wind purchaser to insist upon abet performance Immofor any of its rights or remedies as to my such goods, regardless i.buctions from the City of Fort Collins. of when shipped, received or incepted, as to my prior or subsequent &fault hereunder, nor shall my purported oral modification or rescission of this purchase order by me Purehasa operate as a waiver of any of rise toms, Impaction. GOODS me subject o the City of Fort Collins inspection on moval. hereof. Final Acceptance. Receipt of the merchandise, services r equipment in respm.e to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. t mt on the part of the City of FortCollins. However, it is to be understood thatFINAL vethodaepaymen Sella and Ne Purchaser recognise that in acne[ ecommic pmaice, overcharges resulting from antiaus[ ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations am in fact bore by the Purchaser. Theretofore, for good cause said in consideration for executing mix purchase order the Sella hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood Sc, Fort Callim, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwix specified on this order. If permission is given m prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be incepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in variam parts of the country, shipment ]Rise Purchaser directs the Sella to correct noncmformwg or defective goods by a&te in be agreed upon by the expected from One nearest distribution point to destruction, and excess freight will be deducted from Invoice when Purchaser and the Sella, said the Sella therc.Ber balances its imbiliy car unwillingness to comply, the Purchaser shipments are made from greara distance. may muse rise work to be performed by the most expeditious meals available to it, and the Seller shall pay all wars associated with such work. Panamint. Seller shall procure at sellers sole cost all accessary pnmits, ceufiatss and bernso spliced by all applicable laws, rcgulatiocu, ordinances and roles ofthe auto. municipality, territory or Political subdivision whom the work is performed, or required by any other duly conatiatted public authority having] insdicnion over the work of vendor. Seller matter agrees to hold the City of Fort Collins harmless from said agair.l all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinance, rules and reqabanam. Aulhorixms, All parties no this cnnnacn agree that the representatives are, in fact, bona fide and pasuss full sad complete authority in bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acap roce m the Is. and conditions stated herein set frith and my supplementary or additional temu and con litiores amexM hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby to aed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou .1 make wmplae shipment in move on your promised delivery date m noted. Time is of &a essma. Delivery and performance most a effected within the time stated on the purcbau order and the document attached bereto. No acts of the Purchmers including, without limitation, acceptance of partial into deliveries, shall ahem¢ aw a waiver of Otis provision. In the evem army delay, the Purchmer shall have, in addition to other legal and countable remedies, the option of placing this Omer alsewhere and holding the Seller liable for domain. However, the Seller shall not be liable for damages as a result of delays due to causes not reawnably foresceable which art beyond its reasonable exallol and without its fault of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing 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 far the period Nasal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants fast all goods, anicles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for me pupwa intended, and performed with the highest degree of are and competence in accordance with accepted standards for work of a similar .rare. The Sella cress m hold the pachaser armless from my Imat damage or expense which the Pmchasa may suffer or incur oa .aan1 of the Sellers breach of warranty. The Sella shall replace, repair or make good, without and to the purchaser, any defects or fool. arising within into (1) year or within such longer period of time n may be prescribed by law or by the remw army applicable wmmry provided by the Sella afar the date of acceptanue of the goods Promised hereunder fismaptmce not to be mareawnably delayed), resulting from impefat or defoaive work done or materials fumshed by the Seller. Aoeptmce or use of goods by the Purchaser cord not anatomic a waiver of any claim under this warranty. Except as otherwise provided in Nis purchase Our me Sellers liability hereunder shall extend to all damages proximately caused by Nc breach of any ofNe foregoing warranties or guarantees, but such liability shall in no event include loss of prafm or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by women change Omer 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay mike any clangn to the rem., Other tan legal Weems, including addition to rr deletions from the qua titicsoriginally ordered m due specification or drawings, by count or written change order. If any such change affects the amount doe or the time ofperfommnce hereander. an audible ible adjustment shall be made. 6. TERMINATIONS. The Purchaser may many fine by women change other, tomicmte this agreement as to my or all po flow of me goods men not shippedl subject to any equitable ndiro ment between the ponies as to any work a nourn.H Nan in progress provided that me Purchaser shall nat be liable for any claims for anticipated frolics an the uncompleted portion of the goods andror work, for incidental or ca.equr nial damages, and that ace such adjustment be made in favor ofthe Seiler with respect to my goods which sre me Sellers standard stairs. No such termination shall relieve the Purchaser or Ne Seller of any of their obligations; rs to my goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adustmrnt most be asserted within Whiny (30) days from the date the change or torminminn is ordered. 8. COMPLIANCE WITH LAW. Ile Seller warrants that all goods sold hereunder shell have ban produced, sold, delivered and frmishal in strict ompllanee with all applicable Is. and regulations to which the goods are subject. The Sella shall execute end deliver such documents as maybe nequited to affect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seiler agrees to indemnify and hold the Purchaser Forms]. from all cock and damages suffered by me Purchaser as a result of to Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay call assign, transfer, or convey this order, or my monies due or to become due hereunder without me prior woman convent offs, other party. 10. TITLE. The Seller warrants full, clear and constructed title to the Purchaser fro all unimportant, materials, and items fumishul in perfsummnce of this agreement, free and clear of any and all lien, restriction, reservation, security interest encumbrances end claims of others. The Sella shall relcasc fire Purchaser and its contractors of any tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such pray. The Seller's contractual obligations, including warranty shall not be dared to be reduced, in any way, because such work is performed or caused to Ine performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use my design, device, material or process covered by later, patent, trademark r copyright, the Seller shall indemnify and save armless the Purchaser from any and rill claims for infringement by neawtr of the use of such patented design, device, material or process in correction with the contract, and shall milar ily me Purchaser fro any coi nuemu or damage which it may be obliged m pay by reawn of such infringement at my time during the pmsamum eir after Nan completion of the work. In au said a3air., ar my pan thereof or me intended use of the goods, is in such suit held to constitute infnngaam and the use of said apapment or pan is enjoined, the Sella shall, an is own exhume and at its option, either procure for the Purchaser me right to continue using said equipment or pares, replace the some with substantially Nasal but nacdnfringivg Nuipmene or modify it so it becomes noninfrfnging. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Ptircdsour without liability. 16. GOVERNING LAW. The definitions of toms mood or the interpretation ofthe agreement and the rights of all pries hereunder shall Ee co.tmed coda and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only is aces where the Sella is to perform work hereunder, including the services fSall. Rapresentativr(s), m to premises of.*.. 12. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully complaed end accepted, and shall, in arse of tiny accident, desuuctiw or injury to the work andtor mmenam before Seller's But completion and acceptance, complete the work at Seller's own expense mail to me satisfaction of the Purehascr. When materials and couipmrnt one fiunished by others for installation or erection by me Sella, the Seller shall receive, unload, store and handle same in the site and become responsible therefor as though such materials and/or equipment were being famished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of me state in which me work is m be done. The Seller shall man carry comprehensive general liability including, but not limited to, contractual and mtomobile public liability insurance with bodily injury and death limits of at leant E300,000 f my one Person, S500,000 for any one accident and property damage limit per accident of S400.000. The Sella shall likewise require his contractors, if any, to Provide for such compena[ion rob htsumWe. Before my ofthe Sellers or bis contrutors employees shall do my work upon the premisn of ochers, me Sellershall furnish the Purchaser with a certificate that such compensation and insurance eve been provided. Such cordmann shall specify doe date whoa such ompaa tiro and ir.unwo have ban provided Such ounfn.tn shall specify the dam alar; such canpa.ation and i.umnec expires. no Sella agrees that such comport tiro and imaxame shall be maintained until after the entice work k completed and Warted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire «aponibility and liability For any and all damage, lass or injury survey kind or nature wbarsoever to persons or property caused by m resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers oRcan, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or Indio a, and wheNer to persons or property to which the Purchaser may be put or subject by yawn of any act, action, neglect, omission or default on the pan of the Sella, my of his contractors, or any of the Sellers; or contractors officers, agents or employees. In case may suit or other proceedings shall be brought agaimt Ne Purchaser, or its officers, agents or employes at my time On warrant or by reawn of my act, action, neglat, omission or default of the Sella of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same in to Sellers own expense, to pay any and all cook, charges, attorneys; fees and other cxpevus, my and all judgmcam that may be assumed by or obtained against the Puaheaer Or my of its or their officers, agents or employees in such suits or other proceedings, and in cow judgment or other lien be placed upon a obtained against she property, ofthe Puchmer, or said parties in an m a result ofsmh suits or other pusuccougs, in, Sella will at once.me the same to be dissolved road discharged by giving bond Or otherwise. The Sella and his contractors shall take all safety precaution, famish and install all guards necessary for to prevention of accidents, comply with all laws and regulations with regain to safety includin& but without limitation, the Occupation Safety and Health Act of 1970 and all roles soul regulsomes issued pursumnher to. Revised n7n014