Loading...
HomeMy WebLinkAbout505338 SOLAR CITY CORPORATION - PURCHASE ORDER - 9142378City of FF6rt Collins Date: 04130/2014 PURCHASE ORDER PO Number Page 9142378 1of4 This number must appear on all invoices, packing sli s and labels. Vendor: 505338 Ship To: ELECTRIC UTILITIES SOLAR CITY CORPORATION CITY OF FORT COLLINS 3055 CLEARVIEW WAY 700 WOOD ST SAN MATEO CA 94402 FORT COLLINS CO 80521 Delivery Date: 04/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t HI EFFICIENCY REBATE 1 LOT LS 4,050.00 PVS REBATE N HICKS z HI EFFICIENCY REBATE 1 LOT LS 4,050.00 PVS REBATE P KIFER 3 HI EFFICIENCY REBATE 1 LOT LS 4,500.00 PVS REBATE C A STEVENSON 4 HI EFFICIENCY REBATE 1 LOT LS 4,500.00 PVS REBATE S A MILLER 5 HI EFFICIENCY REBATE 1 LOT LS 4,500.00 PVS REBATE L NITZEL 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.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914237er Page City of PURCHASE 2378 2.14 ' `t Collins/ his number must appear �I " 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price e HI EFFICIENCY REBATE 1 LOT LS 4,500.00 PVS REBATE C SOUTHWICK 7 HI EFFICIENCY REBATE 1 LOT LS 4,500.00 PVS REBATE C GIGLIOTTI s HI EFFICIENCY REBATE 1 LOT LS 3,870.00 PVS REBATE S ALLSTOTT 9 HI EFFICIENCY REBATE 1 LOT LS 3,712.50 PVS REBATE S AFRICANO io HI EFFICIENCY REBATE 1 LOT LS 4,500.00 PVS REBATE R MILLS 11 HI EFFICIENCY REBATE 1 LOT LS 4,320.00 PVS REBATE A WYCKOFF 12 HI EFFICIENCY REBATE 1 LOT LS 3,285.00 PVS REBATE A ARDUINO 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 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9142378 3of4 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price �' I�Y i'zl11 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 Invoice Address: .50 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 4 of 4 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins h exempt from sole and local maces. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Catificau of Registry 84 6000587 is mgioned with have Collector of Internal Revenue, Daiwa, Colorado (Ref. Colorado Revised Samurai 1973, Chapter 39-26, 114 fa). Goods R jested. GOODS REJECTED due to failure to no. specifications, either when shipped or due to defects of damage in w rtsit, may be, resumed to you for credit and art not in be replaced except upon ¢carpet of wrinm instructions from the City of Pon Collins. Impenitent. GOODS sure subject o the City of Forr Collim inspection on arrival. 11. NONWAIVER. Failure of the Purebsser to insist upon west Performance of the terms and conditions hereof, failure or delay to my rights orcontainsprovided m herein by law, failure to promptly notify the Seller in she event of a breeccontainsh, the acceptatue of or payment for goad hereuda in approvrsl ofthe design, shall not moire do Seller of any of dm w4mnties or obligations of this purchave order anal shall not be domed a waiver of any right of the Purchaser to insist upon who perfomame haeefor Pay of in rights or remedies as to my such good, regardless of when shipped, received or accepted, as to any prior or subserp ant default Panamint, nor shall any purported oral modification or rescission of this pmebase order by the Purchaser operate as a waiver of any of the terms hereof. Ft.[ Acceptance. Receipt of the merchandise, services or aquipment in response to this order can result At 12, ASSIGNMENT OF ANTITRUST CLAIMS, anthrriced payment on the pan of the City of Fan Collins. However, it is to be understood Out FINAL Seller and the Purchase recognize that in actual economic practice, overcharges resulting froantitrust m ACCEPTANC17 is dependent upon completion of all applicable required inspection procedures. violations we in fact home by the Purchase,Theretofore,tfor good cause and w consideration for executing this parbow order, the Seller 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 Fort Collins, 700 Wood St., Fan Collins, CO B622, unless control under federal or state an owt laws for such overcharges relating to the particular goods or services otherwise sped ficd on this order. If pemtission is giver as prepay freight and charge separately, the original freight puminul or acquired by the Purchaser pursuant to this purchase order. bil I 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 I fthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distrlbmic n prim o deuination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may us. the work ro be performed by the owl expeditious mean. available to it, and Am Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all nniessary parmul, scnificata and licenses required by all applicable laws, regulations, aromatic. and roles of the state, municipality, territory or political subdivision where The Seller shall .].a the Purchaser ad its co b—Pers of any our firm all liability and claims of any more the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller fuller a •yeas to hold the City of Fort Collin luomleas from and .gaunt all liability and loss incurred by them by reason of an assrned or established violation of any such laws, regulations, ordinances, roles This M. abell apply even in the avem of fault of negligence of the parry released and shall extead to the all requitown.. directors, officers aad employees ofsuch party. Auth anmtion. All Fannin to this contract agree that the represmotives art, in fact, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein sir Eton and any supplementary m unilateral terms sad couditiom annexed hereto or incorporated hemin by Afacere. Any additional on different ta— and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE: PURCHASING AGENT immediorely ifyou cannot make complete shipment ,arrive on your ponnised delivery data m nPla& Time Afffic avaarva. Delivery suit pedbrmcuh be affected within the time stated on the purchase order and the documents attached hereto. No aaa,,,ofihe Purchasers including, withoat limiotion, acceptance of pau ial late deliveries, shall operate as a waiver M 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 to causes not reasonably foresoable which are beyond its reasonable control and without its fault efnegligeace, such acts of God, acts weird or military authorities, governments] premiums, 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 fiat 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 Seller towards that all goods, articles, materials and work covered by this order will conform with applicable drawings, apniifimtiem, sample pulsar at descriptions given, will be fit for the purposes indented, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar more. The Seller agrees to hold the purchaser hourni tram any loss, damage or expense which the Purchaser may suffer m motion mcuum of the Sellers breach of wawonty. The Seller shall replace, repair or make good, without cast to the purebmeo my defects or faults prising within one (U year or within such longer period of time ex may be produr bed by law or by the terns of any applicable warranty provided by the Seller after the doe of acceptance of the goods furnished hereunder (accepace Pat to be unreasonably delayed), resulting from impeRect or defective work done or materials fiunished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wammV. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties m guunmees, but such liability shall in no event include loss of profits or losa 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 lama' by wdPen change order. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terms, other than legal neon, including additions to or dm flueselenow, froe quantiticoriginally ordered in the specifications or dnwmp, by verbal err written change order, If any such change arrests the amount due or rise time ofpchw moose hereunder, an equitable adjunmem shall be made. 6. TERMINATIONS. The Purchaser may at my time by aanllen change order, amminam this agreement to to any or all potions of the goods rheas not shipped, subject to any equitable djustment between the bodies as to any work or materials then in progress provided that the Pandcam shall not be liable for my claims for anticipated profits on the urcorrtpleal portion of flax goods cruiser work, for incidental or consequential damages, and that no such adjustment be made m favor of the Seller with respect to my good which ate me Sellers sa lsol stock. No such termination shall relieve the Purchaser or the Seller of any ofthelr obligations in to any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. 'fhe Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in srnd compliance with all applicable laws and regulations to which the goods are subject The Seller shall ascend 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 we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser frameless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, m any modes due or ro become due hereander without the prior whom commt of the war, testy. 10. TITLE. The Seller warrants full, clear and whountted tide to the Puchaur for all quittance, materials, amid items famished in wrommance of Nis agteaew, free and clear of any sad all diem, nsaidions, want n., security tamest encumbrances all claims of others. The Sellers contracted obligations, including warranty, shall not ul domed to hic reduced, in any way, because such work is performed or caused o be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process coveed by letter, patent, trademark or copyright, 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 dernage which it may be obliged to pay by reason of such infringement A any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Fortune, the right to continue using said equipment m pans, repel. a the same with substantially net but naninfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become 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 Forebear without liability. 16. GOVERNING LAW. The toMitiom oftems much or the imarpremtioo of the agreement and the rights oflin patio hareunder shall be anstrued under end gm'aed by the lax, office Sore ofColomdo, USA. The following Ackitioal Conditions apply only in cases where the Seller a to perform work hereunder, .1toling the services ofSallrn Representatives), on the premises afothcrs, 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers 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 materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment am famished by others far installation ar erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andar equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller sholl, at his awn eaparav, provide for the payment of workers compensation, including occupational disease benefits, to its employes employed on or in connection with the work covered by this purchase order, and/or to their drpcntonss in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comparahansiva general liability including, but neat limited A, contractual and automobile public liability insurance with bWily injury and death rimers of at least Stao,IMp for any one person. E50it" for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conrmactors, if any, to provide for such compensation and commerce. Before any of the Sellers or his contractors employees shall do any work upon the praises of.thers, the Seller shall furnish she Purchaser with st certificate that such compensation and mural have been provided Such cenifiates shall specify the date when such compensation anal iwawtce have Inca provided. Such certirades shall specify she tote who such cumpersatiou and imurmce expires. The Seller agrees shad such compemaion all imumnce albull be mainoinM until after the eoire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibilay and liability for any and all damage, loss or injury army kid or wrote whatsoever to prrsam or property arse t 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 Purd aser and any r all of the Purchasers officers, agents and employees from and modest any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reacon of any act, action, neglect, omission or default on the pm of the Seller, my of his continuous, or any of the Sellers or contractors officer, agents or employes. In case any suit or other Proceedings shall be brought against the Purchaser, or its officers , agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his reminders ar any of its or their officers, agents or employees in aforessid, the Seller hereby agrees to assume the defense thereof and ro defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and ell judgments that may be recumxl by m obtained again, the Purchaser of any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lea be placed upon or obtained against the property of the Purchaser, or said parties in or as a mull of such suits or other proceedings, the Sena will at once muse the same to be dissolved and dischargW by giving bead or otherwise. The Sella and his cormsemen shall take all safety precautions, famish ad install all guards ocessery fro the prevention of accidents, comply with all laws and regulations with regard to safety including but without linumadmi, We Ocmupatioaal Safety and Health An of 1970 and all riles and regulations issued pursuant theme. Revised 034010