HomeMy WebLinkAbout550008 SUNRUN INC - PURCHASE ORDER - 9150662Fort Collins
Date: 01/29/2015
Vendor: 550008
SUNRUNINC
PO BOX 8333
PASADENA CA 91109
PURCHASE ORDER
PO Number Page
9150662 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: 01/29/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 2015 Blanket Order for
Photovoltaic System Rebates
1 LOT LS
Independent contractor installing solar systems for citizens. Citizens
choose contractor for install.
Total
Pay terms net 30 days
12,000.00
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, Fan 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.
1'ax exemptiwis. By statue the City of Fon Collin is exempt from state and recur tax.. On, Exemption Number is
98-04502. Federal Excise Tax Exemption Cur ificae of Registry 84-600p581 is registered with the Collector of
Inemal Revenue, Denver, Colorado (Ref. Colorado Revised Starnes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS RDECIED due to failure to meet specifintiones, either when shipped or doe to defects of
damage in transit, may be cetumed to you for credit and are not to be aeplaceat except upon receipt of written
itwmcums from the City of Fon Collins.
Inpexemu GOODS are Object to the City of Fon Collim inspection on arrive.
11. NONWAIVER.
Failure of the Puremser to Train upon smct pefinumme of the terms and rorWitioa hereof, failure or delay to
any rights or comedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not glean, f Seller of
any of the womnties or obligations of this purchase older and shall not be deemed a waiver of any right of the
,walsoer t0 areas, .,ray Strict orturaverea harafor any of its rights or remedies as W My such Sandi.regard].
of when shipped, received or accepted, as to any prior or subsequent default hereunder, am shall any purported
oral modification or rescission of this portion, order by de Purchaser operate us a warmer of any of the emu
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment th respmese or this order an real, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized Wyman, on the pan of the City of Fort Collins. However, it u m be understood ,hat FINAL
Seller and the Purchaser cautio ze that in aemal economic positive, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion efall applicable req.iml impaction pcalad..
violation are in fact home by the Purchaser. Theretofore, for good cruse ward as conidmition for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have of hereadwr
Freight Terms. Shipments most be F.OD.. City of Tom Collins, 700 Wood St, Fort Collins. CO 80522, unless
acquired under federal or stare antitmst laws fro such overchatgwx relating to the particular good or services
otherwise specified oa This aide,. If pctission is given to prepay freight and charge separately, the original freight
purchased or acquired by d, Purchaser pursuanwo this purchase order.
bill must accompany invoice. Additional charges for packing will or be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Dlewnce. Where momftumn have disuiboling pointsm various pans of the country, shipment is
if the Purchaser domers the Seller to correct nonconforming or defective good by a date to be agreed upon by the
.,wted[rvm the ntimsl distribution .an 1.dalm,nion, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller dourw1w indicates its inability or unwillingness to comply, the Purchaser
shipments we made from greater distance.
may cause The work m be, perfoted by the most expedition means ..liable w il, and the Seller shall pay all
casts associated with such walk.
Permit'. Seller shall procure at sellers sale cost all necessary petits, cenifintes and licenser required by all
applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where
'Dic Seller shall reran, the Purchaser and its contractors of any tier from all liability and claims of any aware
the work is perom id, or required by any other duly constituted public authority having jurisdiction over the work
reuling from the performance of such work.
of vmrdo, Set le, number agrees m hold the City of Pon Collins hamrless from and against all liability and loss
incurred by them by reason of an assened or established violation of any such laws, regulations, ordinances, mks
'this rvix.w shall apply even in the event of fault of negbgence of the Tandy released and shall extend to the
sad requirements.
directors, olEcers and employees cf such party.
Awhorizmion. All parties to this Groomer agree that he representatives are, in far,, bona fide and possess full and
The Sellers conymwal obligaions, including warranty, shall not be deemed to be reduced, in any way, because
emirate authority m bind said parries.
such work is performed or caused to be performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Order expressly ]imam wo,p,ma to me terms and conditions stated
herein set forth and any supplementary or additional laws and condition annexed hereto or incorporated herein by
reference. Any additional or different terms and condition proposed by sellw are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promimd delivery date as noted. Time is of the essence Delivery and pM rmance most be effected within the time
stated on the purchase order and the documents award herew. No acts of the Purchasem including. without
limitation, acceptance triennial late delivenet, shall operate as a waiver of this provooma In the event of any delay,
the Purehaer shall have, in addition to other legal and equitable remedies, the option of placing this now elsewhere
and holding the Seller liable for damages. IJoweveq d, S.IIw shall no, he liable for damages . a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable conand and without its fault ofwRigence,
such acts ofGad, sets ofeivil or ordinary authorities, governmental pdonties,fares, seikq Rood, epidemics, wars or
nots provided that notice of the condition timing 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 far the period equal to the time actually Inn by reason ofine delay.
3. WARRANTY.
The Seller warms that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, sampler maker other description give, will be fit for the purposes intended, and
Performed with the highest degree of Care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser hatless from any loss, damage or expenc which the
Purchsser may suffer or incur on account ofthe Sellers breach ofwaran y. The Sellu shall replace, rePair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pent of
time as may be prescribed by law or by the tears of any applicable summary provided by the Seller after the date of
eceptance of the goods famished hereunder (mceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or wnterials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as Otherwise provided in This purchase order, the Sellers
liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpmfi,s or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILTFY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes w legal tens by wainen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pwilrea r may make any changes m the terms. timer Nan legal terms, including additions no w delniorts from
the quantities originally ordered in tbe specifications or drawings, by cabal or written change order. If any such
change affects the amount due or the fire afperfntance hereunder an equitable wi mamem shall be made.
6. TERMINATIONS.
The Purchww may at any time by wrman change carer, terminate this agreement as to any in all pinion of the
goods men not shipped, subject to any equitable edjntment between the p.Niex as a any weak or materials risen in
pmg,ess provided that the Purchaser shall not be liable for any claims for anticipated pmfats on the mrompleted
,anion of the goods mdror work. fro incidental or consequential damages, and that an such ndjostent be made in
favor of the Seller wit respect to my goods which are the Sellars sourdard sock. No such terinstion shall mliev,
the Purchaser or the Seller of any of their obligation as. any goods delivered M1ereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within dirty (30) days from the date the change in lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute end
deliver such documents as maybe celluloid to of rt w evidence compliance. All laws and regulation¢ required to be
incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to
indemnify end hold the Purchaer hatless from all cosh and damages suttee, by the Purchaser as a result of the
Sellers failure to comply with such row.
9. ASSIGNMENT.
Neither party shall assign, tru ediu, or convey this olds , or any monies due. to became due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title w the Pmchrow for all equipment materials, and items famished
in nationalist of this agreement, free and clear of any and all liens, restrictions, reservation, xeunty interest
encumbrances and claims ofothers.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and were harmless the Purchaser( any and all claims for infringement
by reason of the me of such Patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or t ema%e which it may be obliged to pay by reamn ofsuch
infringement at any time during the prosecution or sifter the completion of the work. In an, said equipment, or
any Pan thereof or the intended use of the goods, is in such suit held w constitute infringement red the use of
said equipment or part is joined, tbe Seller shall, m ill own expense and at its option, either procure for the
Intehuer the right to continue ping said equipment or pans, replace de some, with substantially equal but
daratiringing equipment, or modify it so it becam. nornfnno,no,
15. INSOLVENCY.
If the Seller shall become insolvent in band apt, snake an assignment for the benefit of creditors, appoint a
receiver car =:cc for any of the Sellers property or business, this order may forthwith be asocial by ,tic
Purchaser without liability.
16. GOVERNING LAW.
The definition oftenns used in the interpretation of the agreement and the rights of all pries hereunder shall be
construed under and governed by the laws ofthe Some ofColomdo, USA.
The fallowing Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers ftramitative(s), on me premises archers,
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall,
in se of any accident, desbuction or injury to the work and/or materials before Sellers final cumpleriun and
acceptance, complete the work at Seller's over expense and to the satisfaction of the Purchaser. When materials
and equipment are f mishl by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responible merefor as though such materials and/or equipment
were being famished by Ne Seller under the order.
18. INSURANCE.
The Seller slurll, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefits. Ira its employees employ, on or in comedian with the work ravened by this purchase order,
am for to their dependents in accordance with the laws of the stole in which the work is to he done. The Sella
shall also carry comprehensive general liability including. but not limited to, contextual and amomsblk public
liability insurance with bodily injury and death limits of at least $300,0(10 for my aye person, S500,000 for my
one accident and recruit damage limit per accident of S4o0,lltp The Seller shall likewise require his
commewrs, truly, to Provide for such compensation and romance. Before any of d, Sellers or his contractors
employees shall do my work upon the premises crossbars, the Seller shall f ish the Purchaser with a cenifcae
that such compensation and insurance have been provided Such ttdiBcates shall specify the de when such
compensation and imurnnce have been provided- Such certificates shall specify dae date when such compensation
and resonance expires. The Seller agrees that such compensation and insurance shall be maintained until afar the
entire work is completed and acreptl.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes in, enure responibihn, and holiday for any and all damage, loss or injury of any kind
or aware wM1atsoner to person or property caused by or resulting( the execution ofine work provided for in
this purchase order or in connection herewith. The Seller will indemnify ad hold hatless de Purchaser and any
r all of the Purchasers officers, agents and employees film and ago. any and .II claims, losses, damages,
chmgax or expenses, whether direct or indirect, and whether to person or property w which the Purchaser may
be, pm or subject by reason of any rot, action, neglect, omission or default on the prat of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employms. In case any suit no other
procelings shall be brought against the Purchaser, or its officers, agents or employees a, any lime on account or
by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of ion or
their oBirma, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and 0
defend the came at the Sellers own expense, in pay any and all costs, charges, attamrys fees and other expenses,
any and all judgments that may be incurred by or obtained agent, the Putchrow or any of its or their officer,,
agents or employs in such suits or other proceedings, and in case judgment or other lien he placed upon or
obtained against the propeny of the Purchaser, or said padies in or as a result ofsu<h suits or other proceedings,
the Seller will at once cause the same to be dissolved and dischargl by giving bond or odemse. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention Of
accidents, comply with all laws and regulation with regard m safety including, but without limitation, the
Occupational Safety and Health Act of 1910 and all roles and regulation issued pursuant thereto.
Revised 07n014