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HomeMy WebLinkAbout505338 SOLAR CITY CORPORATION - PURCHASE ORDER - 9146757PURCHASE ORDER PO Number Page rCity of PURCHASE 9146757 , of 2 Flirt Collins This number must appear !-\V`I ` V , 1�7 on all invoices, packing sli s and labels. Date: 01/26/2015 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: 01/26/2015 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 19 Addendum to add funds 1 LOT EA 855.00 Stroyan-812 Sandy Cove Lane Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax xxrmptioa. By stamen the City.f Fon Collins is exempt font stare and local exAa. Our Exemption Number e, 11. NON WAIVER. Failure of the Purchaser to insist upon stria performance of the mast and wMitions hers.( failure or delay he 98-01502. Federal Excise Tax Exemption Crnifcate of Registry LIT6000587 is registered with the Collector of fare—[ Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (ak exercise my rights or remedies provided herein or by law, failare to promptly notify We Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofee design, shall not release me Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or doe to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of me damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hemofor any of its rights m remedies m to my such goods, regardless inswaiws from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pia ported oral modification or rescission of this purchase order by the Purchaser operate ns a waiver of any of me terms Inspection. GOODS are subject a the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can , esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aalh.nxth d payment on e pan of the City of Fart Collim. However, it is m be understood thatFINAL Seller and the Purchmm recognim teal in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependent upon oxandelaw.f ell applicable required inspection pmadums. vlolatiom Am in fact home by We Pmchaer. Themofore, for good came and As considemfion for executing this purchase order, We Seller hereby Assigns to the Purchaser any and all claims it may now have or hereafter Freight Terass. Shipments must a F.O.B., City of Fort Collins, 900 Wood M., Fan Collins, CO 80522, anless acquired under federal or state wtitrmt laws for such overcharges relating to the particular goods or aworAs otherwise specified on this order. Ifponowso on is given to prepay freight and charge separately, the original freight purchased or Acquired by the Purchaser pursuant to this purchase order. bit must accomoanv invoice. Additional chorea for making rill Am be mccwed. Shipment Distance. Where manufacturers have distributing points in various pans of the century, shipment is expected from the nearest distribution point to destimlion, and excess freight will M deducted from Invoice when shipments are made from greater dintwce. Permits. Seller shall procure at sellers sole cost all necessary permit, cenifiwtea and licenses required by all applicable Iaxs, regulations, ordi... crs and Arles of rho state, mwicimlity, territory a, political subdivision where the work is Performed, or required by any other duly comtimmd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins Wonder, from and against all habdm ad loss incurred by he. by reason of an asserted or established violation of my such laws, regulations, mch.anme, roles ad requirements. Authonvation. All pubes to this contract agree that the representatives art, in fact, bow fide and possess full anal complete authority m bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms cad conditions slated herein set forth and any supplementary or additional terms and con litiam annexed hereto or incopomted herein by reference. Any additional or different terms and conditions proposed by seller are objected In and hereby r,jectd, 2. DI1LIVERY. PLEASE ADVISE PURCHASING AGF,N Iimmediately if you cannot make complete shipment to arrive on your promised delivery data As noted. Time is of the essence. Delivery and performance must be effected within the time staled on the purchase once, and flat documents mmched hereto. No in of the Purchasers including, without limitation, acceptance of partial late deliveries, shall .pemte an a waiver of this provision. In the event ofany delay, the Purchaer shall have, in addition to other legal and equitable remedies, the Option of placing this order elsewhere and holding the Seller liable fm damages. l lowever, the Seller shall not be liable for damages As a result of delays due to causes not reasonably foreseeable which are beyond its moss mble central and without its fault of negligence, such act oFGod, acts oftivid or military nuthwid., gmomnmtal prionties, fires, strikes, nook epidmda, wars or not 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 wi extended for the peril equal to the time Actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dmne nga, specifications, samples Aruba, other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compeeen<e in accordance with accepted standards for work of A similar nature. The Seller agrees m hold the purchaser harmless from any lass, damage or expense which the Pushaer may suffer or incur on account of the Sellers breach of wamsenty. The Seller shall replace, repair or make good, without cast to the purchaser, any defect or Wagner wising within one (I) year or within such longer period of lime in may ha prescribed by law or by the therm of my applicable warranty provided by the Seller after the date of acceptance of We good Amassed hereunder (accepmace rot in be unreasonably delayed), resulting firm imperfect or defective work done or materials fumished by the Sella. Acceptance or use of goat by the Franchiser shall rot mmtimm a waiver of my claim under this warranty. Except As otherwise Pori in this pumhme order, me Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or, .... mes, be, such liability shall in no event include loss ofpmfrs 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 temu by written change ender. 5. CHANGES IN COMMERCIAL PERMS. The Purchaser may make any changes m the mans, Other than legal terms, including additions to or deletions from the quantities angiwlly onceml in the spaiGcitions or d.wiags, by verbal or written change order. If any such change aRect the amowt due or the time of performance hereuMer. An equitable w1jnstmem shall h, made. 6.TERMINATIONS. The Purchaser may at my time by written change odes, terminate this agreement As to any or all portions of the goods then not shipped, subject to any equitable ndjmtment between the parties ns to my work or materials then in progress provided that the purchaser shall not be liable for my claims for anticipated profits on We unwmpletd portion of the goods ardor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with ompett to any goods which arc the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller of any of their obligations ss many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be Asserted within thirty (30) days from the dam the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f endshd m strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document m may he required to diect an evidmu compliance. All Iaxs And regulations required to W incorporated in agreement of Nis chmazter ore hereby incorporated berein by this to.. The Seller agrees to indemnify and hold the Purchaser hamdess from all rost and damages suffered by NA Purchaser as A sad, of Be, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. I O. TITLE. The Seller warrants full, clear and unrestricted title to We Purchaser for all equipment, materials, and items famished in performance of this agreement, fin and clear of any and all liens, ratricti an, reservations, security interest encumbrances and claims of Adieux. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs We Seller to cones nonconforming or defective goat by a date to be agreed upon by the Purchaser end the Seller, and the Seller therea0er indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means mailable to 0, and the Sella shall pay all oat msocitnd with such work. The Seller shall release the Purchaser and it contractors of any tier from all liability and claims of any nature resulting from me performance of such work. This release shall apply even in the event of fault of negligence of the pan, seemed and shall extend to the directors, oRcers ad employees ofsuch party. The Scllds contractual obligations, including warmly, shall not be demnd to be rdaced, in my way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letreq patent, trademark Aycapyright, the Seller shall indemnify and serve homeless We Purchaser from any and all claims far infringement mreason of the use of such patented design, device, material or process to connection with the mntmer. and shall indemnify the Purchaser for any cost, expense or damage which it may be obligeal to pay by reasw of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended me of the goads, is in such suit held to unstimte infringement and the me of said equipment or pan is inquired, the Seller shall, at it own expense oral at its option, either procure for the Purchaser the right to continue using said equipment or part, replace the same with substantially equal but noninfringing equipment, or modify it se it becomes mninfringing. 15. INSOLVENCY. If the Seller shall become insohxnt or bankne 1, make an assignment for the them!, of rnedimrs, appoint A receiver or trustee for my of me Sellers proper,, m Immmss, Nis ender may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Artemis used or the interpretation oftbe agreement and the rights ofall parties hereunder shall be command under and govemed by the laws of the State of Colorado, USA. e following Additional Conditions apply Thonly in cases where the Seller is to perform work haeunden including the services of Sellers Represemwick s), on the premiss ofwdhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work of Scllds own risk until We same is fully complheed and accepted, and shall, in we of my accident, destruction or injury to me work mNor materials before Scllds final completiau and weepfmce, comple , the work at Scllds own expense end to the si fisfction of the Purchaser. Me. material And egfripmrnl are famished by orders for installation or erection by the Seller, the Sella shall receive, onload, store and handle same of me site and become taponahh, therefor As though such materials -Nor equipment were being fumishd by We Sells under We when. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational d'¢ease benefit, to it employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of me state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but no, limited to, contractual and automobile public liability insurance won bodily injury and death limits of At least E3W,ow for trey one perwn. SSW. w1 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise m mr, his omrac ens, if any, to pmside for such exmpeom on and mmunince. Before my of the Sellers or his mmrazmrs employees shall do my work upon the premises of offers, We Seller shall fumish We Purchaser with a certificate that such mm,comation and insurance have been provided. Such ceNfiates shall specify We dam whoa such compemaion and insurance have been provided Such cenifiutes shall specify We date when such compensation and insurance expires. The Seller Algeria that such wmpnarmon and marriage shall he maintained until after me ran. work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respansibil ity and liability for any end all damage, loss or injury fany kind or nature whatsoever to persons Ar 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 me Pum ere er and any r .II of We Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether dire, or indirect and whether to persons or propMy b which the Purchaser may he put or subject by reason of any act, action, neglect, omission m default on the pan of me Selleq my of his contractors, or my of the Sellers or contractors officers, agents or employees. In use my suit or other proceedings shall be brought against me Purchaser, or it officers, agent or employees At any time on wrong an by reason of my act action, neglect omission in default of We Seller of my of his contractors m my of it or their offices. agent or employees m aforesaid, We Seller hereby agora to Assume the defense mereof and to defend me same At We Sellers own exprnxxa, to guy any and all msq charges, aromeys f s and outer expenses, any and all judgment that may b< incurred by or obtained against Ore purchaser or my of its or mev Officers, agent or employees in such suit or other proceedings, and in use judgment m offer lien be placed upon ar obtained against the property of me Purchaser, or said parties in or As a result ofsuch suit or offer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or mhenise. 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 limitation, me Occupational Safety and Health Actof 1920 and all roles and regulations issued pursuantthereto. Revised 07n014