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HomeMy WebLinkAbout509360 ENERGYSMART PARTNERS LLC - PURCHASE ORDER - 3215321PO PURCHASE ORDER 3215321 Page C117/ of PURCHASE 15321 1 or z ' `t Collins( his number must appear V �7 on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 509360 Ship To: WATER 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: 01/13/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Blanket Order 1 LOT LS 50,000.00 Funding for solar projects This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such goods 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternis and Condificaffs Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. Failure of the Parches', m insist upon strict performance of the terns and conditions hereof, failure or delay to 98-04503. pederal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Muscat 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure as promptly notify the Seller in the event of a breach, the acceptance of or paymrnl far goods hereunder or approval ofd a design, shall root relea a the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due,o defects of any of the wartantis or obligations of this purchou, order and shall rim be deemed a waiver of any right of the damage in counsit, may be renaned to you for credit and are not as be replaced except upon receipt of written purchaser to insist upon smet performance hecoofor any of its rights or comedies as to my such goads, regardless itutmctiws from fee City of For Collins. of when shipped, removed or accepted, as to my prior at subsequent default hereunder, nor shall my puspored oral modification or rescission of this purcMu order by the Purthssa operate m a waiver of my of the tenses Inspection. GOODS arc subject to the City of Fort Collins inspection on critical. hereof. m tUST Final Acceptance. Receipt of the merchandise, service s or equipment in response his order can .all in 12. ASSIGNMENT OP ANTIT RCLAI MS. authoriad payment on the pan of the City of ForCollins. However, it is to be understood that, FINAL Seller and the Purchaser cocogn¢e that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures violations are in fact home by she purchaser. "interface, for good cause and es consideration for executing this purchase order, the Seller hereby Wayne to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be EO.B., City effort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under f it l or state antitrust laws for such m ereharga muting to the Particular good or services otherwise specified on this order. If permission is given in prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursuant to this Fumhase order. hill muss acemmnxnv invoice. Additional charaes for oackine will not be accepted. Shipment Dismnce. Where manufacturers have distributing points in various pars of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, cetifimtes aril licemcs required by It applicable laws, regulations, oedwauces and rvks of the sme, numucipelft , tenimry or political subdivision where the work is performed, or required by my other duly constimtcd public authority having jurisdiction over the work of vends. Seller fuchef agrees to bold the City of Fan Collins harmless from and against all liability and loss incurred by them by mason of m warned or established violation of any such laws, regulations, ordinances, rules and requirements. Abla rixanon. All parries m this contract agree that the representatives are, in fair, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This purchase Ork, expressly limits acceptance to the tens and imalms na stated herein set Such and any supplementary or additional reran and coMitio s amexed hereto or incorporated herein by reference. Any additional or diRerent toms and condwons proposed by seller are objected to end hereby method. 2. DELIVERY. PLEASE ADVISE. PURCHASEG AGENT immediately if yen cannot make complete imitation to amve on your promised delivery rime as noted. Time is of the essence. Delivery and performance most be infected within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate s a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition be other legal and equitable remedies, the option of placing this cider elWaftere and holding the Seller Liable far damage. Hmveva, the Seller shall rat be, liable for damages u a resin, of delays due to causes not reasonably foreseeable which am beyond its mamnable central and without its fault ofnegligence, such acts of God, acts ofeivil or military authorities, govemmenal priorities, fires, strikes, Bond epidemics, wars or Hats 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 for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Out all good, articles, maneriah and work covered by this order will conform with applicable drawings, speificaios, samples robot other dacripdos given, will be fit for the purposes intended, and performed with the highest degee of cart and compmence in accordance with accepted s undmds for work of a similar nature. The Seller agrees to hold the purchaser families Spur my loss, damage or expenew which the Purchaser may suffer or incur on account of fee Sellers breach of womanly. The Seller shall replace, repair or make good, without, cast ,, the purchase,, any defects or faults wising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofmy applicable warranty provided by the Seller after the dam Of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or rnmerials famished by the Seller. Acceptance or use of good by the Purchaser shall not Co... a waiver of any claim miler this warranty. Except as oherw as, provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by fe breach of my of the foregoing wanowna or guarantees, but such liability shall in no event wefde lass of profits or loss ofuse,. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pu cheer may make changes m legal man by wairm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be lines. other Than legal terms, including additions in in deletions from flue qua comes, originally ordered in be eRwifiviou is or drawings, by verbal or wooer chomp, miler. If my such change alines the amoum due or the time ofpeffotmanm hereunder, No equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may al any time by wrimen'bang order, terminate this agreement as In any or all Pumices of the good then not shipped, subjocl to my equitble edjstment between the panics as to any work or materials then in progress provided that the Purchaser shall not be, liable for any claims for anticipated profits on the mmmpletN ,onion of fee goods andfor wok, for iwidenuil or consequential damages, and that no such adjutment be made in faro, althe Seller word resister re any goods which are the Seller standard stock No such ternirrmian shall relieve fee Purchaser m fee Seller ofmy offei, obligation as w any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller watemes fat all goods sold hereunder shall have ban produced, sold, delivered said famished in sme' compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents s maybe required to eRect or evidence compliance. All laxs and regulations requited in k incorporated in agmemens of fis character are hereby incoryomted herein by this reference. The Seller agrees m indemnify and hold the parcheser harmless firm all costs and dmoges suf coil by be Pumhea r as as mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor wrirm cannot ofthe mum parry. 10. TITLE. The Seller.1, full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and all liana, mseictios, reservations, security inmmst encumbrances and claims ofofers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller tt correct nonconforming or defective goods by a date to nd agreed upon by the Proclmttr and the Stile, and the Seller thermfter indicates its inability u1 unwillingness to comply, the Purchaser may cause the work to be performed by be most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the purchaser and its contractors of any tier from all liability and claims of my aware resulting from the performance ofsuch work. This remora shall apply even in the event of fault of negligmce of the party relesed and shall extend to the directms, officers and employees ofsuch party. lie Seller's contractual obligation, including ..my, shall not be domed to be reduced, in any way, because such work is performed or caused to be Performed by the Purclwser. 14. PATENTS. Whenever the Seller is required to use any design, device, material m process covered by letter, pent, trademark or copyright, be Seller shall indemnify and save bzmt cat the Purchaser from my 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, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute wfnagement and the use of said equipment or pan is enjoinol, the Seller shall, at its own expense and at its option, either procure for the purchaser be right m continue using said equipment or pans, sepias the same with substantially equal but mniNnnging equipment, or modify h se it becomes nonwGinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp . make an assignmem 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 Purchaser without liability. 16, GOVERNMG LAW. The defirchow, of tear used or the wteryretuhion oftlee agreement and the rights wait parrics hereander shall be eomrmedunder aid governed by be laws ofthe State ofColomda, USA. The following Additional Conditions apply only in cases where the Seller is to peat rat weak hereunder, includng the services of SellersRepreicidi ive(s), on the prem¢es ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall wary on said work at Sellers own risk until the same is fully completed and accepted, and shall, rase of any accident, dacomoa or injury to the work copper mammals before Sellers final completion and acceptmce, complete the work at Sellers own expense and to the smisfaclion of be Purchaser. When marerials and equipment are furbished by ohers for istallatian m erection by the Scller, fee Seller shall receive, unload store amN handle same at be site and became responsible therefor as though such materials moor equipment were being Switched by be Seller ander the arder. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anbor to their dependents in accordance with the laws of the suite in which the wok is to be done. The Seller shall also racy comprehensive general liability including, but not limited to, contractual and automobile public liability insumnce with bnddY in,ury wed deaN limits of at Imst 5300,000 for any are hman. Smali0n for me, one accident and Property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to provide for such compensation and inmmree, nefoa any of fie Sellers or his contracors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and wsurance have been provided. Such cenifcmes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and insurance expires. The Seller agrees that such compensation mod imamate shill be maintained mad after be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rapmrsibiliry and liability for any and all damage, loss or injury of any kind or ware whotsaever to persons or property caused by or resulting from be execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchme, and my or all of the Purchasers officers, agents and employees from and against any and all claims, losses, dormice, charges or expenses, whether direct or indirect, and whether to persona or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In cars, any suit or ofer proceedings shall M brought against the Purchaser, or its officers, ages or employees at my time on account or by,rams of any act atioq eiglet omission or &fuel, of be Soler of my of his contractors or my of its or their officers, agents or employees as, aforesaid, me Seller hereby agates to assume fee defies, thereof and as defend be same at the Sellers two expense, to pay my and all costs, charges, auomrys fees and other exposes, my and all judgments that may be incurred by or obtained against the Purchaser or my of is or left attire', agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said patties in or as a ,,all of such suits or other proceedings, the Seller will at once muse the same to b, dissolved aM discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and imuill all guard necessary for be prevention of accidents, comply orb all laws and mRimios with regard m safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all miles and regulations issued pursuant thereto. Revised 09I2014