HomeMy WebLinkAbout210929 SCOTCH PINES VILLAGE LLLP - PURCHASE ORDER - 9150060Fort Collins
Date: 01/07/2015
Vendor: 210929
SCOTCH PINES VILLAGE LLLP
c/o SITZMAN MITCHELL
3500 JFK PARKWAY SUITE 220
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9150060 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/07/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Solar Power Purchase Program 1 LOT LS 26,000.00
PPA payments
2015 SP3 PPA estimated payout:
96kW x 1500 kWh/kW/year x 0.18 $/5Wh = $25,920
Payment for purchase of generation output from SP3 solar project under terms of SP3 PPA
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
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By stator, the City of Fon Collim is exempt from sum and local uses. Our Exemption Number is
I L NONWAIVER.
984N502. Federal Excise Tax Exemption Cenificme of Reginry 84-6o0o581 is registered with hie Collator of
Failure of the Purchazn to for st upon strict performance of the toms and conditions hereof, failure of delay to
Imemal Revenue, Denver, Colorado (Ref Colorado Revised Summer 1973, Chapter 39-26, 114 (a).
exercise any rights or temWies provided herein or bylaw. failure m promptly notify the Seller in the event of a
breach, the acepantt ofor pogrom, for goody hereunder or approval ofine design, stall l mf release flue Seller of
Goods Rejected, GOODS REJECTED due m failure m men specifmtimis, rimer when shipped or due to defects of
only of the warranties or obligations of this prrcluu order and shall not be deemed a waiver of any right of the
damage in bamit maybe rebaned in you fro credit and are not to be replaced except upon receipt of written
purchaser to hand upon strict pert ante bereof or any of us rights or remedies as to any such goods, regardless
instructions from the City of Fiat Car has .
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser opium, as a waiver of any of the terms
Impaction. GOODS are subject m the City of Fort Collins inspection on arrival.
thereof
Final Acceptance. Receipt of the merchandise, services or equipment in response On this order ..a result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City Of Fim Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from malmst
T ACCEPANCE is dependent upon completion of all applicable required inspection procedures.
violations are in f m t bome by the Purchaser."crfre fotgood cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.R., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this Order. Ifpennission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursmnt to this purchase orde,
bill must accompany invoice. Additional changes for packing will not be ice ptcN.
U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various puts of the cowtry, shipment is
If the Purchaser directs the Seller to correct nonconforming Or defetive goods by a date to be agreed upon by the
exported from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when
Purchaser and the Sella, and the Seller thereaBer indicates its inability or unwillingness to comply, the Purchaser
shipments are made firm greater distal
may cause the work m be performed by the most expeditious ream available a it, and the Sella shall pay all
cents associated with such work.
Permits. Seller shall procure at sellers sole cost all necral Permits, cesificafas aM haeazes required by all
applicable laws, regulations, ordinances and roles of the state, municipality, temmry or political subdivision where
The Seller shall release the Purchases and its contractors of any tier fmm all liability and claims of any mourn,
the work is performed, or rcqulred by any other duly consolidated public authority laving jurisdiction over the work
resulting fmm the perfomam< ofsuch work.
of vendor. Seller further agrees to hold the City of Fon Collins harmless Boo and agaimf all liability and loss
incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles
This release shall apply even in In, event of fault of negligence of the perm released and shot] extend to the
and rs irmants,
directors, officers and employers fsuch parry.
Authorization. All parties fo this soar ct agree that the representatives are, in face, bona fide and possess full and
Tha Sellels contractual obligations, including womanly, shall not be deemed to be reduced, in any way, because
omple, mnharuy to bind said ponies.
such work is performed or caused to be performed by the Purchaser.
LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled
herein set had, and any supplementary or additional terms and conditions annexed herein or mampommd herein by
reference. Any additional or different terms and conditions proposed by seller ere objected to and hereby rejedrd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery doe as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order unit the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance orparial late deliveries, shall operate az a waiver ofthis provision. hi the event of any delay,
hie Purchaser short have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding tbe Seller liable for damages. However, the Seller shlll ma be liable for damages as a result of delays
due to tames not rtasowbly forexamble which art beyond its mosmuble conral and without its fault of negligence,
such acts of God. acts ofdvll or military authorities, govammenul priorities, f , strikes, flood, b,idimics, wars or
riots provided that notice of fie conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Seller first received knowledge thermf. In the event of my such delay, the doe of delivery, shall be
extended for the period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covercl by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the pa,mas 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 purehoser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on mcomt of fie Sellers breach of Maturity. The Seller shall replace, repair or make
good, without cost to the mrchaseq any defeat; or faults arising within one (p year or within such longer period of
time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after hie dam of
acceptance of the good famished herewder (acceptance Out to be umeamrably delayed), resulting firm imperfect
or defective work done or materials firmishN by the Seller. Acceptance or use of goods by the Purcbaer shot] not
comdmte a waiver ofaay claim under this warrant'. 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 wmmmies
Or gcommuces, but such liability shall Or no evert include, loss i fpmfts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaur may make changes to legal cams by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Parch armay make any changes tO the terms, other than legal temps, including additi or deletions from
the quantitiesOriginally ordered in the specifications or dmwiny, by verbal or woman change order. If any such
change affects he amount due or the time olTedhrmunce hereunder, an aptitude adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinm change order, terminate this agreement as to any or all ponlonx of the
good then not shipped, subject to any crumble adjustment between the pries as to any work or materials then in
progress provided that the Purchaser short not be liable far any claims for anticipated profits on the uncompleted
portion of the goad and/or work, for imidental or coasequmtial damages, and that no such adjuslmmt be made in
favor of the Seller with respect in my goods which am the Sellers standard stock. No such tertnhalion shall relies
use Purchaser or the Sella of any ofthen obligations as to any good delivered hancrda.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be saturated within thirty (30) da, fmm the date dre change or temrination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants flat all good sold heremaer shall have been produced, sold, delivered and fumishst in said
compliance with all applicable laws and u,shniom m which the goods ere subject The Seller shall excme 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 incoMom ed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser az a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall assign, transfer, or convey this order, or any monies due or to become den hereunder without the
prior wrim r consent of the other parry. '
I O.TITLE.
The Seller warnings full, clear oral tuvestriaed title to the Porchaur for all equipment, materials, oral items fumuhed
in pauf .se of this agreement Bee and clear of my and all lieds, m unctions, reservations, security intemrst
arcrmbrance and claims ofothers.
14. PATENTT S.
Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmlass the Purchaser from any and all claims for infringrmem
by reason of the use of such patented dial 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 ¢aeon ofsuch
infringement at any time during the pmsecmian or after the completion of the work. In we said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement anal the use, of
said cal tipment or tsar is ,joined, the Seller shall, in its own expense and at in option, either possum for the
Purchaser the right m continue using said equipment Or pans, replan the same with substantially equal but
mninfringing equipment, or modify it so it becomes mninfringing.
15. INSOLVENCY.
If the Sella shall became insolvent or bankrupt, make an assignment for hie benefit of creditors, appoint a
or ns btee for any of the Sellers property or business, this order may forthwith Be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the .,his of all parties hereunder shot[ be
mnslmed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is , perform work hereunder,
including the services ofsellers Rpourntative(s), on the premises ofo0rers.
19. SELLERS RESPONSIBILITY.
Tlrc Sella shall carry on said work at Sellers own risk until the same is Polly completed and accepted, and shall,
in case of any accident, destmction or injury in the work mdfor materials before Sellels door completion and
acceptance, complete fine work in Sellels own expeme aM to de smisfactim of the Purchaser. When materials
said equipment are furnished by others nor imulftian on erection by the Sella, the Seller shill receive, ,]oad
store and handle same at the site and become of sure ible therefor as though such materials and sor Nor, e ,
were befog nominated "a Sella under the coder.
18. INSURANCE.
The Seller shall, at his own expense, provide for file payment of workers compensation, including occupational
divau benefib, to its employees employed on or in connection with the want covered by this purchase order,
and/or to then derai is in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liabil fry insurance with hadily i jury and death limits of at least 5300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Sella shall likewise require his
contractors, if any, m prm'ide 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 famish the Purchaser with a certificate
that such compensation and iruumme have been provided. Such certificates shall specify the data when such
compensation and insurance have bean provided. Such cenifiestas shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and instance shut be mdirmined until after the
entire work is completed and arce had,
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass es the entire esproundity and liability for any and all damage, loss or injury army kind
or wore whatsoever to persoas or property courted by Or resulting fiver the execotim of the work provided far in
this purchase order or as comedian herewith. The Seller will indemnify and hold harm the Purchaser and any
r all of the Purchasers officers, agents and employees fmm and a,xinl any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and vsxherher m persons or property, which the Purchaser may
Ise pat or subject by reason of any act, ration, neglect, omission or defanh on the par of the Seller, troy of his
contrm,rs, or any of the Sellers or ontractors officers, agents or employ,. In case my suit or other
proceedings shall be brought against the Pardiaer, or its ofi ages¢ or employees at any time on account m
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees in assume the defense thereof and to
defend the same at the Sellers own expense, to pay my 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 officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property afire Purchaser. or said parties in or as a result of such suite or other proceedings,
the Seller will at once cause, the same, be dissolved aM discharged by giving band or otherwise. The Seller aM
his contractors shall take all salty praamlons, famish and install all guard naesmry for the prevention of
accidents, comply with all laws and ragulations with regard in safety including, but without limitation, the
Occupational Safety and Halth Act of 1970 and all roles and regulation issued pursrmt therem.
Revised 072014