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HomeMy WebLinkAbout551635 INTEL CORPORATION - PURCHASE ORDER - 9152068PURCHASE ORDER 915206er Page PO City Of 152068 ' of z FlirtCol Ins This number must appear r�`J"' ` ` on all invoices, packing sli s and labels. Date: 04/09/2015 Vendor: 551635 Ship To: ELECTRIC UTILITIES INTEL CORPORATION CITY OF FORT COLLINS 4500 DOBSON RD 700 WOOD ST CHANDLER AZ 85248 FORT COLLINS CO 80521 Delivery Date: 04/08/2015 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price Solar Power Purchase Program 1 LOT LS 163,000.00 PPA Payments 2015 SP3 PPA estimated payout: 963kW X 1500 kWh/kW/year X 0.15 $/kWh = $217,000 $163.000 for Aoril 2015 thru December 2015 y',.,; .AID 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 1 $163.000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchise Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Caffeine of Registry 64-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, faille or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to primplly notify the Seller in the event of a breach, the acceptance oral payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the memories in obligations of this purchase order and shall not be licensed a waiver of any right of the 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 hereof or any of its rights m remedies as to any such goods, regardless instructions fivers the City of FartCollis. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion troll 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 claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating in the particular goods m services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pan=[ to this purchase 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 goads by a date to be agreed upon by the expected from the nearest distribution point to destination, 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 are made fmm greater distance. may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the stare, municipality, territory or political subdivision where the work is performed, in required by any other duly conatituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bens fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly ]train acceptance to the terns and conditions staled herein set fork and my supplementary or additional laws and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents watched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to ether 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 foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, 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 first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actual ly 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 drawings, specifications, samples and/" 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 mture. The Seller agrees to hold the purchaser hornless from my 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, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defective work dome or materials famished by the Seller. Acceptance muse of goods by the Purchaser shall not consumer a waiver of my claim 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 memories or guarantees, but such liability shall in no event include loss of profits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser my make my changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrimen change order. If any such change affects the amount due a the time of performance hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement m to my or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profnn 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 respecr to my goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date 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 agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costa and damages suffered by the Purchaser as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, in convey this order, or my monies due in to become due hereunder without the prior writrcn consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, ntrictione, nervations, security interest encumbrances and claims crashers. The Seller shall release the Purchaser end in contractors of any her from all liability 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 parry released and shall extend to the directors, officers and employees ofsuch parry. The Sella s contractual obligations, including warmty, shall not be deemed to be reduced, 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 any design, device, material or process covered 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 m 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 reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my part thereof or the intended use of the goods, is in such suit held to constitute Infringement and the use of said equipment m part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nminfringing equipment, or modify it so it becomes noninfringing. 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 Purchaser without liability. 16. GOVERNING LAW. The definitions oflemn used or the interpretation of the agreement and the rights oral] parties hereunder shall be construed 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 heremtder, including the services of Sellers Representative(s), m the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellef s own risk until the same is fully completed and incepted, and shall, in case of any accident, destruction or injury to the work and/m materials before Settees final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials 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 become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, N its employees employed on or in connection with the work covered by this purchase order, sand/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for my one accident and property damage limit per accident of 5400,000. 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 famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire 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 army kind or nature whatsoever to persons or property caused by or resulting from the execution cribs work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Ore Purchaser and my or all of the Purchasers officers, agents and employees fmm and against 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 reason of my act, action, neglect, omission or default on the part of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my nine on account or by reason of any act, moon, neglect, omission or default of the Seller of any of his contractors or my of in 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 my and all costs, charges, atmmeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser m my of its m thew 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 of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his clu mctors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursmnt thereto. Revised 032010