HomeMy WebLinkAbout548233 BRAIDEN RENEWABLE ENERGY LLC - PURCHASE ORDER - 9146782PO
PURCHASE ORDER 914678er Page
City of PURCHASE
9146782 1012
Flirt Collins
s This number must appear
!I\V`I V 1 1 on all invoices, packing
sli s and labels.
Date: 11/20/2014
Vendor: 548233
Ship To:
ELECTRIC UTILITIES
BRAIDEN RENEWABLE ENERGY LLC
CITY OF FORT COLLINS
430 WEST MYRTLE ST
700 WOOD ST
FORT COLLINS CO 80521
FORT COLLINS CO 80521
Delivery Date: 11/20/2014
Buyer:
PAT JOHNSON
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Solar Power Purchase Program
1 LOT
LS
29,250.00
PPA Payments
2014-2015 SP# PPA estimated payout:
100kW X 1500 kWh/KW/year X 0.18 $/kWh = $27,000
$29,250 for December 2104 through 2015-
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.mm
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Teens and Conditions
Page 2 of 2
1. COMMERCiALDEfA11S.
Tax exemptions. By site the City of Fan Collins is exempt from stale and local roan. Om Exemption Number is
11 NONWAIVER.
98-04502. Federal Excise Tax Exemption Calipers, of Regan, 84-601 is regional with the Collector or
Failure of the Pumhaer to insist upon saint pert roc, of the terms and cmtditiars hereof failure or delay to
Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance after payment for goods hereunder or approval ofha design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure 10 meet sp re fleatiors, either when shipped or, due to defies, of
uny of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in brmit. troy be trimmed to you for cretin and are not to be replaed except upon receipt of wrium
purchaser to insist upon strict performance heteofor soy of its rights or remedies is to any such good, regardless
consortium from the City of Fox Collins.
of when shipped, received Or accepted, as to any print or subsequent default brounat nor shall my purported
oral modification or rescission of this purchase order by the Purchaser agent, as a waiver of my of the tams
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival,
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in tesporue Ira this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
..,Mn d payment on the pan of the City of Fan Collins. However, it is to be ca derxtoal that FINAL
Seller and the Purchaser recognize that in actual a rwmic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon compinioa ofall applicable required inspection procedures
violations are in fact home by the Ptuchasn. Theretofore, for good a= and as consideration for executing this
purchase order, the Sella hereby assigns to the Purchase my am all claims it may vow have or hereafter
Freight Tents. Shipments most be F.O.B., City of Fart Collins, 200 Wood St, Fort Collins, CO 80522, unless
otherwise specified oa this order. If permission O given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not M accepted.
Shipment Distance. Where manufacturers have distributing paints in causes parts of the not shipment is
expected from the commit distribution point to destination, and excess (might will 1ae deducted tram Invoice when
shipments am made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary pamits, artifictn and license required by all
applicable has, regulation, oNimancu and rules of the state, municipality, ministry or political subdivision where
the work is performed, or rams d by my other duly corslioned public authonry having jurisdiction over the work
of vaidar. Seller rather agrees to hold the City of Fort Collins harmless from and against all liability and loss
anderred sseed by ahem by reason of as anor established violation of any each laws, regulations, ordinances, ales
requirements.
AudMricatioa All Partin to ties contract agree that the sepresentauvn art, in fact, bow fide and posuss full and
complete malsonry to bind said ponies.
LIMITATION OF TERMS. This Punhase Order expressly limits acceptance to the tears and conditiars stated
herein set forth and any supplementary or additional terms and conditions annexed bemlo or inamported 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 active on your
promised delivery date as noted. Time is of the ism e. Delivery and performance must M effected within the time
stated on the purchase order and the documents attached hereto. No rats of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall oic mte as a waiver of this prevision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Sena liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to mums not assembly foresmable which am beyond its reasonable control and without its fault of negligence,
such is of God, .,is of civil or military authorities, govemmmml priorities, fires, strikes, flood, epidemics, wars or
riots provided that under, of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge these,(. In the event of my such delay, the date of delivery shall be,
essential far the period equal to the time actually lost by reaon ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, anicles, materials and work covered by this order will conform with applicable
&swings, specifications, samples =Nor other descriptions given, 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
milar home. The Sella agrees to Mid the purchaser harmless from my loss, damage or expense which the
Purchaser may suRcr m incurm account of the Seller branch ofwaaanry. The Sella shall supplier, repair m make
good, without cast to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as may M prescribed by law or by he tears of any applicable warranty provided by the Seller alder the date of
acceptance of the goods fumishal hereunder (acceptance not to ha unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by One Seller Acceptance of are of goods by the perchance shall vat
commerce a waiver army claim maker this warranty. Except as otherwise provided in this purchase order, the Sellers
limiter hereunder shill extend m all damages proximately cased by the breach of any of mite rotation, warmses
or guarantees, but such liability shall in no event include loss of profits or loss of tee. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases my make changes to legal terms by women change order
5. CHANGES W COMMERCIAL TERMS.
The Purchaxr may make any charms, to the terms, order than leced acow, including adds—, or or deletions from
the quantities originally ordered in be specificatiom or drawings, by verbal or wrinen change order. If any with
change offer. the amount due of the time of perfanwnce hereunder, m equitable adjustment shall be made.
6.TERMTNATIONS.
The Purchaser may at any time by wrinen change main, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjumnat between the Parties w to any work or materials then in
progress provided that the pwchaset shall not be liable for any claims for anticipated profcs on Ore uncompleted
Portion of the goods torpor work, for incidental or masequential damages, and chat no such adjetmem he made in
favor of the Seller with mpxtto my goads which art the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any ofcueir obligations is to my good delivered hereunder.
t. CLAIMS FOR ADIUS'I MENT.
Any claim for adjwmtent most b, nsenN within thirty (30) days from the dare the change or lamination is
medical.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods 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 Sella shall execute and
deliver such documents as may bo required to effect or evidence compliance. All laws and regulations required m M
incorporated in agreentents of his chamrter ere herby incorporated herein by this reference. The, Seller agrees to
indemnify and hold the Purchaser harnlecs f all costs and damages wlTaed by the Pmchaa as a result of thc
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfe, or convey cuts order, or my monies due or to become due hereunder without the
prior tenant cowent of the other may.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaer for al I equipment, materials, and items firm tilted
in performance of this agsement, free and dear of any and all liars, nstrietiom, reservations, cmunry interest
ewumbeames and claim of others,
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this committee alder.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct nammdforming in defective good by a date to be, agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be, perforated by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purehawr add its contractors of my tier fioon all Inquiry and claims of any vtute
resulting from the perfommmc ofsuch work.
This release shall apply even in the event of fault of negligence of the party retraced and shall extend to the
directors, officers and employees ofsuch pany.
The Sellers mntensimal Obligations, including warranty, shall .1 be deemed to b, reduced, in any way, because
such work is performed or caused to be performed by she Purchaser,
14. PATENTS.
Whenever the Seller is cortical to use my design, device, material or process covered by lever, patent, trademark
bycopyright, the Sellaindemnity shall and save hammless the Purchase, from any and all claims for infringement
fiessurn of the use of such patented design, device, matmal at process in consortium with the contract, and
shall iMenmify the Pumbaser for any mat, expense in damage which it may M obliged to pay by resson of such
infringement to my time during the prosecutor or after the completion of the work. In case said equipment, or
any pan thermf or the intended use of the goads, is in such suit held to constitute inGngement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue Bing said equipment or pats, rcplun the same with substantially equal but
noninfrmicing equipment, or modify it sec it becomes mninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpc, make an assignment for the benefit of creditors, appoint a
receiver or trustee for my of the Sellers property m business, this order may forthwith be canceled by the
Purchuer winmut liability.
16, GOVERNING LAW.
The definitions of team road or the interpretation office agreement and the rights of all parties hereunder shall be
orsuued under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in mazes where the Seller is to perform work hereunder,
including the services ofsellm Represenutive(sk on the premiers ofounw,
12. SELLERS RESPONSIBILITY.
The Seller shall arty oa said work at Sellers own risk until the same is fully completed and accepted, end shall,
in rase of any sodden, destruction or injury to the work mcctur materials before Sellers final completion and
acceptance, exampled, the weak at Seller's own expense and to the satisfaction of the Purchaer. When no main
sand equipment am famished by others for insuffinumn or credtoo by the Seller, the Seller shall eecave, ualaad,
store and handle same at the site aM become responsible therefor a bough such materials andror equipment
were being furnished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the formal of workers compensation including occupatioml
do. benefits, to its employees employed on or in mrmection wish the work covered by this Purchase order,
and/or to their dependen¢ in accordance with the laws of the mule in which the work is to bo done. The Seller
.hall also may comprehensive general [,ability including, bat not limited to, contmcrual and automobile public
liability insurance with bmlily injury and death limits of at least 5300,000 for any one person, $500,000 for my
one accident and propmy damage limit per accident of Sarift 0. The Sella shall likewise squire his
contractors, if my, to provide for such compeawlion and itnumnce. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall f mish the Perches with a cenificme
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ampensation and insamnee have been provided. Such cmificales shall specfy the date when such compensation
and imurnce expire. Time Sella agrees chat such compensation and insurance shall be maintained until after the
enlime work is completed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind
or nature whatsoever to persons or 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 Mid harmless the Purchaser and any
or all of the Pure once, oRcau, agents and employees from and against any and all claims, losses, damage,
charm, Or expe ges, whether direct or indirtt. and whether on persons or property, in which the Prosecutor may
be put or subject by reason of any act, action, neglect, omission or default an the pan of the Sella, my of his
contactors, or any of the Sellers or convectors officers, agents or employees. In case any Suit or other
proceedings shall be brought against the Purchaser, or its officers, sports or employees at any time on cancer err
by reason of my set, action, neglat, omission of default of the Seller of my of his contractors act my of its or
bah appears, agents or employees is aforesaid, the Sella hereby agrees to assume the defense thereof mad to
,,tar, the same at the Sellers own expense, to pay any and all casts, chamgn, womeys fees and other expenses,
my and all judgments But 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 spaired she property of the Pmchuev or said parries in or as a result of inch was or other proceedings,
the Seller will at once cause the same to bo dissolved aad discharged by giving bond or mthowise. The Sella and
his exammctors shall take all safety prtac tions, Smash and insull all ground necessary for the prevention of
accidents, comply wicu all laws and regulations with regard to safety including, but without Iimir ,. , the
Occupational Safety and Healch Act of 1970 and all ones and regulations imsued pursuant thereto.
Revised 07a0I4