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HomeMy WebLinkAboutBid Tally -8292 PHOTO VOLTAIC SOLAR FOR UTILITIES ADMINISTRATION BUILDING (2)City of 1/0.F,�ort Collins Date: 08/12/2016 PURCHASE ORDER PO Number Page 9165214 1 of 2 This number must appear on all invoices, packing sli s and labels. Vendor: 507242 Ship To: ELECTRIC UTILITIES CUSTOM SOLAR LLC CITY OF FORT COLLINS 2840 WILDERNESS PLACE SUITE F 700 WOOD ST BOULDER CO 80301 FORT COLLINS CO 80521 Delivery Date: 08/08/2016 Buyer: ELLIOT DALE Note: Line Description Quantity Ordered UOM Unit Price Extended Price PV DESIGN AND INSTALLATION 1 LOT LS 217,000.00 222 LAPORTE AVE PER TERMS AND CONDITIONS OF BID 8292 AND AGREEMENT DATED 8/8/2016. 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 $217,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 I COMMERCIAL DETAILS Tax exemptions By stature the City of Fort Collins is exempt from state and local taxes Our Exemption Number is I I NONWAIVER. 98-04502 Federal Excise Tax Exemption Certificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Imemal Revenue, Denver. Colorado (Ref Colorado Revised Stamm 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Cords Rejected GOODS REJECTED due to failure to meerc specifications. either when shipped or due in defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in tranot, may be returned in you for credit and are not to be replaced except upon receipt of written purchaser to ratio upon strict performance hereof or any of its rights or remedies sal to any such goods, regardless instructions from the City of Fan Colhns of when shipped, received or accepted, as in say prior or subsequent default hereunder, not shall any purported oral modification or reschsshon of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on amval hereof Final Acceptance Receipt of the merchambse, services at equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS authorized payment on the pan of the City of Fan Calkins However, it is in be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all clams it may now have or hereafter Freight Tema. Shipments must be F.0 B. City of Fan Collins, 700 Wood St, Fan Collins, CO 90522. unless acquired under federal or sate antitrust laws for such overcharges relating in the particular goods 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 porch= order bill must accompany invoice Additional charges for packing will not be accepted 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a time to be agreed upon by the expected from the nearest distribution point to destarmon. and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distancemay cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such ,it Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the sate, municipality, territory or political subdivision where the work is performed, or required by any other duly cautioned public authority having junin ictan over the work of vendor Seller further agrees to hold the City of Fort Collins hamilesa from and against all liability and loss incurred by them by reason of at asserted or established violation of any such lawsregulations, ordinances, rules and requirements Authorization. All parties to this contract agree that the mpresenatives are. in fact, bona fide and possess full and complete authority in bind sail panics LIMITATION OF TERMS. This Purchase Order expressly fortes acceptance to the terms and conditions sated herein set forth and an, supplementary or additional terms and condmons annexed hereto or incorporated herein by reference Any additional or different to. and conditions proposed by seller are objected to and hereby rejected 2 DELIVERY PLEASE ADVISE PURCHASING AGENThmmedrately if you cannot make complete shipment to arrive on your promised delivery date as mated Time is of the essence Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto No acts of the Purchasers including, without limitation, acceptance of partial late delnenes, shall operate as a waver of this provision In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due in causes cot reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or m l ay, authorities, governments pnonties. fires, stakes, flood, epidemics, wars or riots provided thin notice of the conditions coming 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 in the time actually lost by reason of the delay 3 WARRANTY The Sella warrants that all goods, amcles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, 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 harmless from any loss damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller shall replace, repair or make good, without cost to the purchaser, any defects at faults ansing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or nationals fuinahed by the Seller Acceptance or use of goods by the Purchaser shall not ..time a waiver of any clam under this warranty Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or gui romees, bin such hanloar shall in n t event include loss of profits or lass of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FTfNESS FOR PURPOSE SHALL APPLY 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS The Purchaser may make any changes to the wira. other than legs tames, including addmm.s to on deletions from the quantities originally ordered in the specifications or drawings, by verbal or wnnen change order. If any such change affects the amount due or the nice of performance hereunder, an equitable adjustment shall be made 6. TERMINATIONS The Purchaser may at any time by carmen change order. terminate this agreement as to any ar all pomons of the goods then not shipped. subject in any equitable adjustment between the parties as in any work or nationals then in progress provided that the Purchaser shall not be liable for any clams for anticipated profits on the uncompleted portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall reheve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder 7. CLAIMS FOR ADJUSTMENT Any claim for adjustment must be sssened within thirty (30) days from the dam the change or termination is ordered 8 COMPLIANCE WITH LAW The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in 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 to be incorporated in agreements of this character are hereby incorporated herein by this reference The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law 9 ASSIGNMENT Neither parry shall assign, transfer, or convey dus order, or say monies due or to become due hereunder without the prior wnnm consent of the other parry 10 TITLE The Seller warrants full, dear and unrestricted tide to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all hens, resmcuons. reservations. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any her firma all Lability and claims of any 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 parry The Sellers contractual obhgmmns, including warranty, shall not be deemed to be reduced, many way, because such work is performed or caused to be performed by rho Purchaser 14 PATENTS. Whenever the Seller is requhrod in use any design, device, material or process covered by letter, patent, trademark or copynght, the Seller shall indemnify and save harmless the Purchaser from any 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 in pay by reason of such infringement at any nine during the prosecution of after the completion of the work In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held in consulate infringement and the use of said equipment or pan is enjoined, the Sell= shall, at its own expense and at its option, either practice for the Purchaser the right to continue using said equipment or ports, replace the same with substantrally equal but noninfringing equipment, or modify it so it becomes nomnfringmg. 15. INSOLVENCY If the Seller shall become insolvent or bankrupt, make sit 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 Purchaser without liability. 16 GOVERNING LAW The definitions of terms used or the interpretation of the agreement and the rights of all parom hereunder shall be conomed under and governed by the laws of the State of Colorado, USA The following Additional Conditions apply only in cases where the Seller is to perform work hereunder including the services of Sellers Representative(s), on the premises of others 17 SELLERS RESPONSIBILITY The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or nationals before Sailers final completion and acceptance, complete the work at Seller's own expense and in the satisfaction of the Purchaser. When nationals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order IS.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, and/or to their dependents in accordance with the laws of the mate in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and aummobile public fibrin insurance with bodily injury and death limits of at lend $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000 The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fumrsh the Purchaser with a ccmf cmc that such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance have been pri Such cemfnates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be marmained until after the enure work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of coy kind or nature whensoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offerers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the 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 proceedings shall be brought against the Purchaser, or its officers, agents or employees at any nine on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contmerors or any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offerers, agents or employees in such suits or other proceedings. and in case judgment or other Then be placed upon or obtained against the property of the Purchaser, or said parties in or m a result of such sums or other proceedings. the Seller will at not cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Inhuman, the Occupational Safety and Health Act of 1970 and all rules and regulations Issued pursuant thereto Revised 03/2010