HomeMy WebLinkAbout460321 INDEPENDENT POWER SYSTEMS - PURCHASE ORDER - 9150663PO
PURCHASE ORDER 915066er Page
CI�fOf^ 9750663 1or2
' `t Collins
lies This number must appear
V ` on all invoices, packing
sli s and labels.
Date: 01/29/2015
Vendor: 460321
INDEPENDENT POWER SYSTEMS
1501 LEE HILL RD, #24
BOULDER CO 80304
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/29/2015 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket Order for
Photovoltaic System Rebate
1 LOT LS
Independent contractor installing solar systems for citizens. Citizens
choose contractor for install.
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:purchasingQ° fogov.mm
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
I. COMMERCIALDETAILS.
Tax esemptiom. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
98-61502. Federal Excise Tax Exemption Cmifcate of Registry S4fi00058I is registered with the Collator of
Internal Revenue, Dena, Coloado (Ref. Colorado Revised Sumter 1973, Chapter 39-26. 114 (a).
Good Rejected. GOODS REIECTED due to failure ro men specificaims, either when shipped or due ro defects of
damage in transit, may be remand to you for credit and arc not to be replaced except upon receipt of wrinen
instructions from the City of Fon Collins.
Inspection. GOODS are subject to the City of Fon Collins inspection on avoid.
Final Acceptance. Receipt of be merchandise, services or equipment In response to this order ca.
result in
ambnmed payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tenor. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
mhemise specified oa this order. If permission is given to prepay fire hl anal charge eepmamly, the original freight
bill most accompany insurer. Additional charges for packing will not the severed.
Shipment Distance. Where mannfacnu be base distributing Points in swims pans of the c pantry, shipment is
expected from the barest distribution paint in destination, and excess freight will be dialectal from Invoice when
shipments are made from greater distance
Permits. Seller shall procure at sellers sole cost all amatory permits, certifiales and licenses required by all
applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of ['no Collins hamdess from and against all liability and loss
incurred by them by reason of an asuned or atablishal violation of any each laws, machamns, ordinances, tales
and requirements.
Authorization All ponies a this contract agree that ,he rpe s oun ives are, in fact, bona fide and possess full and
o ildete amhadry to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fah and any supplementary or additional letms and conditions annexed hereto or incorporated herein by
raccence. Any additional or different berms aad mMiriose, proposal by seller are objected to and nearby heated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot it, complete shipment m arias oa your
promised delivery die m noted. Time is of the arena. Delivery and pM rmance now be effedal within the rime
steal on the purchase maker and the documents machdl Seem. No acts of the Purchasers including. withmm
limitation. acceptance of panial late deliveries, thou operate as a waiver of ws provision. In the event of may all
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably bearable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military anomalies, governmental prioritia, fires, strikes, Rood, epidemics, wars or
riots provided than notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller firer received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the periml equal to the time actually lost by reason of be delay.
3. WARRANTY.
The Seller warrants Char all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, still w fit for be puryosa intended, and
perfumed with the highest degree of care and exmpeunec in accordance with accepted standards for work of a
similar mture. The Sella agrees to Sold the purchaser hamlcas fmm any loss, damage Or expense which the
Pumhmer may suffer or incur on account of the Sellers breach of wmmnty. The Seller shall replace, repair or make
goad, without ear m the purchasers any defects or faults arising within one (1) year or within such longer period of
time as may be presaibal by law or by the mts ofany applicable watmnry provided by be Sella after the dim of
acceptance of the goods famished hereander (acceptance not to be immeasurably delayed), resulting from imperfect
or defective work done or rmmrials famished by the Seller. Acceptance or use of goods by the Pumhamr shall not
ansricum a waiver ofany claim under this wamnty. Except as otherwise provided in this pumha order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamdnties
or guarantors, bur such liability shall in no be, include loss of profs 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 tears by 0noun change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any manges to be terms, other than legal tame, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change alfeca the amount due or the time ofperformance herea ed, an equmble adjustment shah be made.
6. TERMINATIONS.
The Purehaa may at any time by wrinen change order, terminate this agreement as to any or all pnnions of the
good men not shipped, subject to any equitable adjustment between be parties as many work err rruram. that is
progress provided but the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
potion order good and/m work, far incidental or areegnentinl damages, aW that no such adjustment be made in
favor ofthe Sella with respect to any goad which am the Sellers smndrd stock. No such saturation shall relieve
the Purchaser or the Seller ofany arnica obligations M to any goods delivered hereanda.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change Or tennlnmlon is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good our subject. The Seller shall execute and
deliver such domunrnu as may be natural to effect or evidence compliance. All laws and regulations rejoined to Is,
incorporated in agreements of this character are hereby incoryomtW herein by this refeemce. The Sella agrees to
indemnify and hold the Purchaser hatless fmm all costs and damage suRet N by the Pachaer as a result of the
Sellers failure in empty with such law.
9. ASSIGNMENT.
Neither piny shall assign, tunsfla, or convey this order, at my monies due or m become due hereunder without to
prior wrinen consent ofthe other party.
10. TITLE.
The Seiler warrants full, clear and mresti icted title to the Purember for all equipment, materials, and items furnished
in perfotance of this agreement, f and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofomers.
11. NONWAIVER.
Failure of the Purchaser m insist upon stria pert re of the mrrm and conditiba hereof, failure or delay m
exercise any rights or remWies provided herein or by law, failare b promptly notify, the Seller in the event of a
breach, the acceptance ofor payment for goads hereunder or approval ofthe design, shall bet release the Seller of
any of the wermnties or obligations of this pumhme order and shall not ac dinned a waiver of my right of the
purchaser to insist upon strict performance hamofor any of its rights or remedies as to any such goods, regardless
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 the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting from endow,
re
m re in fact Some by the Purchaser. Theracurefor tgood came and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchase, any and all claims it may now have or hereafter
acquired under federal or stare antitrust Laws fro such overcharges relating to the particular goods or services
purchased or acquit d by the Pmchuer pursuant to this purchase bran.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller m comet nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its mabiliry or unwillingness to comply, be Proclaims
may arm the work m be perturbed by the most expeditious in. available to it, aW the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its connections of any tier been all liability and claims of any nature
c.ching from the performance of ouch work.
This relate shall apply even in the event of fault of negligence of the pany rellsed and shall extend to ,he
directors, Officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to me any deign, devire, material or process covered by Inver, paten, uademark
or copyright, the Seller shall indemnify aad save harmless the Purchaser from any and all claims for wGingemat
by ¢aron of the use of such premed deign, devise, material or process in connection with be contract, am
shall inhumanly the Purthasn for any cost, expense or damage which it may he obligal to pay by reason of such
infringement at any time daring the promeulim or after the completion of the work. In case said equipmmL or
any pan thereof or the intended use of the goods. is in such suit held a coatimte infringement and the use of
said equipment err pan is rejoined, the Seller shut[, at its own expense and at its option, either procure for the
Northeaster the right to continue tying said equipment or pans, replace the same with substantially Waal but
boninfringing equipment, or modify it so it bmomea noninfdnging.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or mmee for any of the Seller property or business, this order may forthwith be, canceled by the
Purchaser wifont liability.
16. GOVERNING LAW.
The definitions of emu used or the interpretation of be agreement and the rights ofall parties hereunder shall b,
construed under and governed by the laws ofthe State ofColexam, USA.
The fallowiag Additional Conditions apply only in cues where the Sella is m perform work armada,
including the services of Sellers RepresenarivehiL on the premises ofomcrs.
H. SELLERS RESPONSIBILITY.
The Sella shall may on said work at Sellds own risk ant[ the same is rally cmnpleted and accepted, sum shall,
in case of any accident, destruction an injury to the work anNor materials hame, Sellers final completion and
acceptance, complete the work in Sellars own expense and to the satisfaction of be Purehamr. When materials
and cquipmem me fumishM by others fro insedlinum or erection by the Sella, the Seller shall rmeive, unload,
smrc and handle same at the site and became responsible therefor as though such materials mNor equipment
were being famished by the Sella tinder the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of warrens compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependene in accordance with the laws of be sure in which the work is at be done. The Seller
shall also carry mmpmbasive general liability including, but not limited to, contractual and automobile public
liability insurance with Wily injury and bath limits of at leaf 5300,0400 for any one person, $500,000 fir day
one incident and property damage limit per accident of S4o0,000. The Seller shall likewise require his
contractors, Worry, to provide for such compensation and insurance. Before any of the Sellers or his combectors
cmployea shall do any work capon the penises of omens, be Sell -shall furnish the Purchaser with a anifiate
but such exmpensemon and insurance have been provided. Such cenii cares shall specify de date when such
wmpnication and insurance Save been provided. Such cenificmes shall specify the dam when such mmpnumian
and insurance expima, The Seller agrea bar, such componsation and imutance shall be maintained until afla the
rare work is complied and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mponsibility and liability for any and all damage, loss or injury of any kind
or nature wha6oever to persons or property caused by or resulting from the execution of the work provided for in
,his purchase order arm conncdion herewith. The Seller will indemnify end held hatless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Pmchater may
be put or subject by reason of any act, Orion, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of be Sellers or contractors officers, agents or employees. In am any suit or order
proceedings shall be brought against he Purchases, or its officers, agents or employees at my lime on account or
by reason of any act, action, neglect, omission or defult of the Sella of any of his contractors or any of its or
their officers, agents or employers as aforesaid, the Seller hereby agrees to assume be defense thereof and to
defend the Same at me Sellers own expense, to pay any and At costs, Charges. attorneys fees sM often aramses,
my sst all judgmmu but, may be, incurred by or obtained against the Puchaer of my of its or then oRc us,
agents or employees m such suits or other proceedings, and in cam judgment or other hen be placed upon or
obtained against the property of the Purchaser, or said parties in or w a result of such suits an other pr«eMings,
be Sella will at once cause the same in be dissolved and dimharged by giving band or otherwise. The Sella and
his contractors shall take all safety prmamicns, finish and install all guards mcesssry for the prevention of
accidents, comply with all laws and egulations wins regard m safety including, but without limitation, be
Occupational Safety and Hwlth Act of FOR and all tales and regulations issued pursuant therein.
Revised 09/2014