Loading...
HomeMy WebLinkAbout432737 IN SITU - PURCHASE ORDER - 9147643of FOCity, Collins Date: 12/26/2014 Vendor: 432737 IN SITU 221 E LINCOLN AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147643 1of2 This number must appear on all invoices, packing sli i 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 1 Photovoltaic System Rebate 221 East Lincoln Ave 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 15,000.00 Total $15,000.00 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 1. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state read local taxes. Our F rmpton Number is 11 NON WAIVER. 984s4502. Federal Excise Tax Exemption Caf ficate of Registry 84b000587 is registered with the Collmtm of Failure of the Purchaser to insist upon strict performance of the tens =d couditions hereof, failure or delay m Internal Revenue, Drover, Colorado (Ref. Colorado Revised Sipes 1973, Chapter 39-26. 114 (a), exemse any rights or remedies provided herein or by law, failure m promptly notify me Sella in The event of a breach, the acceptance arm payment for goods hereunder or approval ofthe design, shall not release me Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifiations, either when shipped or due to defects or any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tramil, may be rammed to you for credit and arc not to be replaced except upon mceipt of wrinm purchaser to insist upon atria perfonmce hereofm any of its rights or remedies u to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by me Purchaser operate to a waiver of any of the arms Inspection. GOODS are subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or aluipment in response to this ender an result in U. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pm of the City of Fart Collins. However, it is to be understood that FINAL Seller and the Purchaser arrogance that in actual economic power, overcharges ma ing from antitrust ACCEPTANCE is ch,momr upon completionof all applicable requird inspection pmcedures. violations art in fact home by the Poavhaser. Theretofore, for good pause and us consideration for amenting this 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.D., City of Fr" Collins, 700 Wood St, Fort Collins, CO 80522, =less acquired under federal m some emlhust lax. fan such overcharges relating m the pmimlar good or smices otherwise sp r ifid on this mder. If permission, u given to prepay Bright ad charge separately she original freight purchased or marked by the Purchaser pursuant m this purchase order. bill must accompany invoice. Additional charges for tacking will not br accepted. Shipment Distance. Where maufacNrers have distributing pointy in vane. pans of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted farm Invoice when shipments are made from greater distance. Permits. Seller shall p,a.. at sellers sole cast all necessary permits, cati icatrs and licenses required by all applicable laws, regulations, ordinances and rules of the sole, municipality, mararry or political subdivision he. the work is performed, or required by any other duly constimted public authority having jurisdiction over the work of vendor Sella further agrees to hold the City of Fan Collins hapless from and against all liability and loss incurred by them by reason of assor established violation of any such la, regulations, of irances, rates and an erted ws requirements. Authorisation All panic to Us comma agree that me representatives me, in fact, bona fide and possess fall and complee mthoriry to bind said panes. LIMITATION OF TERMS. This Purchase Order expressly limits mceplavr, as ties arms and wndiuons saved hrreln set with and any smillexamrary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions proposal by sullen am objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately if you moat make complete shipment to arrive on your promised delivery 6 to as noted. Time is of the essence. Delivery and pamormnce must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, n utfuna ce of partial late del joules, shall operate or a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall or be liable fr, damages as a result of delays due to causes not remombly foeseeable which are beyond its reasonable control and without its fault of=gligence, such ants of God, acts of civil or military authorities, govemmmul priorities, fires, strikes, Rood, epidemics, wars or hots provided mar notice of me conditions causing such delay is given to the Purchaser within five (5) days of the time what me Sella f o received kmwl]ge thereof In me event of my such delay, me date of delivery shall al exteded fan fie period equal to the time anmelly Ins, by reason afore delay. 3. WARRANTY. The Sella warrants that all goods, articles, rnatedels and work covered by this order will conform with applicable drawings, spenificatiom, samples mbar other description, give, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hapless from any Is, damage or expense which Or Purchasa may suffer a incur on account of the Sellers breach of warrat The Seller shall replan, repair or make good, without cost to the pmcheseg any defects or faults arising within one (I) year or within such ]anger period of time as may be prescnbd by row or by the nips crony applicable warranty provided by the Sella after the date of acceptance of me goods famished hereunder (acceptance not to be unreasorebly delayed), resulting from imperfect or defective work done or maaria]s famished by the Seller. Acceptance or use of good by the Purchasa shall not consulate a waiver army claim under this warramy. Except as otherwise provided in this parehase oMeq the Sellers liability hereunder shall extend to all damage, pmxinately caused by the breach of any of the foregoing wanmtia or g,mantces, but such liability shall in no event include tau of Forms or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Foochow, may make changes to legal Is. by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Pu cl amr may make any changes to the terms, other than legal kmu, including ndditiom to a, delamrs from the quantities originally ordered in me spar fcutioits or drawings, by verbal or written change order. If my such change affects the amount due or the time ofperfopance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tepimte this agreement u to my or all pre ions of me goal men not shippd subject to any equitable adjustment between the parties. to any work or mmcnds men in prognss provided that the Purchaser shall not be liable for any claims for anticipated profits on the =completed portion offer goods arrbm work, for incidental an consequential damages, anal that no such "formed be nude in favor of fc Seller with respect to any goods which art the Sellers standard stock. No such termination shall relive fie Purehuer or fie Sella of my oftheir Whunions, u to any gads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djtermrnr most he osenrd within mint' (30) days fium the date he change or re... is offered. 8. COMPLIANCE WITH LAW. The Sella wants that all goods sold hereunder shall have been produced, sold delycral and furnisher is strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required as be ncorpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold me Purchaser board. from all cots and damages ofierd by fie Purchase, o a result of Rot Sellers failure to campy with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my movies due or m become due hereunder without the Poor wrinat cofsatt ofine other party. 10. TITLE. The Seller warrants fun, clear ad woresniered tine in the Purchasa for all equipment, materials, and Items fumisbed in performance of this agreement, free and clear of my and all lieu, acwtictions, reservations. security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to mares nonconforming or defective goods by a date to be agreed upon by the Punches, and the Sella, and the Sella thereafter indicates its inability m unwillingness to comply, the Purehuer may cause the work to be performed by the most expeditious memo available as it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature faulting from the performance of such work. This release shall apply even in the went of fault of negligence of the party released and shall extend to the director, offices and employees of such party. Thc Sellers contractual obligations, including warned , shall not be doomed to be nduc], in any way, because such work is perfopal or paused to b , perfopal by the Purchaser. 14. PATENTS. Whenever the Seller is raruiral to use any design, device, material or process coverts by letter, paint, ttudemark mpydgln, me Seller shall indemnify and save hapless the Purchaser from any and all claims for infrngemeut by reason of the we of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cot, expense or damage which it may be obliged to pay by reuon of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thermf or the inmadd use of the goads, is in such suit held m ca sand, infringement and the me of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninfringing equipment, or modify it m it baronies noninfringing. 15. INSOLVENCY. If on, Sella shall become insolvent or bankrupt, make no osigvment for me becsN of creditors, appoint a reativer or trustee for my of the Sellers peppery or business, Us order may Forthwith be canceled by me Pamhaser without liability. 16. GOVERNING LAW. The definitions of r. used or the aturyrerarion of me agreement and me rights ofall parries hrreunder shall be cowed under and governed by me laws ofine Stare of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to Wrfop work hereunder including the services of Sellers Reprearmative(s), on the premises of Others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in u of any incident, destruction or injury to the work labor mmenals before Sellers final completion and acceptance, complete the work at Sellers awn expense and m the satisfaction of fe Purchaser. When materials and equipment am funtished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same i the site and become responsible therefor . tough such materials out equipment were being famished by the Sella nude the Who. 18. INSURANCE. The Seller shall, at his own expense, provide for to payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with tle work covered by this purchase coder, andfor to their dependents in accodance with the laws or the state in welch me work is to be dons The Seller shall Is. carry comprchetujve i meml liability includin, but not limit] I., cantrnctual and automobile public liability insurance wins bodily injury and &orb limits of of kept 5300,000 for my one person, S300,04tp for any accident and progeny damage limit per accident of 5400,000. The Seller shall likewise esquire his contractors, it any, to provide for such compensation and insurance. Before any of the Sellers or bis contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and afurance have been provided. Such cenifcates shall specify the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and i.mnce expires. The Sella agrees that such mmpcoation and ii.car shall br maintained ,it after the um work is complied and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Thc Seller hereby oo=es the more responsibility and liabifiry for my and all damage, tau or injury army kind or names wheat er to persons or property cattsd by or resulting fmm the execution ofew work provided For in Us purchase order or in connection ha orif. The Sella will indemnify and bold hapless the Purchaser and my r all of the Purchown officers, agents and employers from and against my and all claims, lours, damages, charges or expemes, whether direct or indirect, and whether to persons or property to which fie Purchaser may be put a subject by action of any act, anion, neglect, omission or default em me pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In case any suit or other procedirp shall be brought optical the Purchaser, or its officers, agents or employees at my time on account or by reason of any ant ration, neglect, omission of default of the Seller of my of his contractors or any of its or their officers, agents or employces . aforesaid, the Seller hereby agrees m auume the &fr. fcrmf and to defend the same at be Sellers own expense, to par any and all costs, charge, mount, fees and omen expenot any and all judgments mot may be moment by or obtained egaior the Purchaser re my of its or their affairs, agents or employers in such suits or other proceedings, ad in case judgment or other lim be placed upon or obtained against me propery, of the Purchaser, or said panties in an. a resWt ofsuch arms or other partnerships, fie Sella will at ono came me same to be dissolvd and dischmgal by giving bond or ofhefwise. The Sella ad his contractors shall take all safety precautions, famish ad install all guards necessary for the prevention of incidents, comply was all laws ad acmdo er with regard to safety including but without limiation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant tlrcmo. Revised WR014