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HomeMy WebLinkAbout104176 DAVID GEBHARDT - PURCHASE ORDER - 9144197PO PURCHASE ORDER 914419er Page CI'�/ of PURCHASE 44197 1.12 ' `tCollins( This number must appear V " on all invoices, packing sli s and labels. Date: 07/23/2014 Vendor: 104176 DAVIDSON-GEBHARDT PO BOX 148 LOVELAND CO 80539-0148 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/23/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2014 2WD DOUBLE CAB PICKUP PER 1 LOT LS 25,563.00 SPEC DATED 7/17/2014 ref. email quote date 7/17/2014 per Scott Hartwigsen Dept: WaterT&D Deliver vehicle and documents to: ., . Fleet Services Shop 906 W. Vine Street Fort Collins, CO 80521 Title info: City of Fort Collins 300 LaPorte Avenue, Bdlg B - Fort Collins, CO 805221 Contact: Ian or Eric 970-221-6613 please call 24 hours orior to delivery •• 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@fogov.com Total $25,563.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L CONNTERCIALDETAILS. Tax exemptions. By statute the City affront Collins is exempt from sate and local taxes. Our Exemption Number is 98-04503. Federal Excise Tax Exemption Cenificate of Registry 94-6000587 is registered with the Collector of II. NONWAIVER. Failure of the Purchaser in insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Saturn 1971, Chapter 39-26, 114 by exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not re was, the Seller of Goods Related. GOODS REJECTED due to failure in met specificatiotss, either when shipped or due to defaces of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any tight of the damage in transit, may be reamed to you for credit and are net to be replaced except upon owand of worm purchaser to insist senor strict performance hereof., any of its rights or remedies as to any such goads, regardless instructions from the City ofFort Collins. of when shipped, received or r cepad, as to my prior or subsequent default bnrunda, nr shall any Functional mml modifieati ei or rescission of this purehau older by the Purchaser opera e as a waiver of any of the tams Inspection. GOODS ore subject the City effort Collins inspection W arrival. hereof. Final Acceptance. Receipt of the merchandisr, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized pamism on the pan of be City of Fort Collins. (However, it is ,u be understood that FINAL Seller and the Pumhsa recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fazt berme by the Prochaes, Theretofore, for god cause and as consideration for execuring this purchase order, the Seller hereby assign to the Purchaen my and all claims it may now have or hereafter Freight Terms. Shipments mat be F.OD., City of Fear Cothran, 900 Wood St, Four Collins, CO 80522, uMe. squired under federal or state antitrust lases for such overcharges rtlming to the particular good car services otherwise specified on this order. If pmnissim E given to prepay burglar and charge sapzreuly. the original freight purchased or acquired by the Purchaser pursuant to this porehau order. bill must acmmoanv invoice. Additional chores for waremu will not be accented. Shipment Distance. Where manufacture, have distributing paints in unicas parts of the country, shipment is expected from the nearest disnilmorn point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pmare at sellers sole cast all necessary pemtia, cenifinta and licenses required by all applicable lases, regulations, endurances and rules of the same, municipality, teotory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjuntaliction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and ra uirements. Amhori onion. All parties In this amount vgace that the representa,ives are, in fuel, bona fide sand possess full and complete awhuriry m bid said Ponfirs. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the lams and conditions sated herein set for and any supplementary or additional moms and o ndiaimss annexd Imam ter incorporated human by reference. Any additional of dlfTerent moms and condidom pmmsed by seller ore objecad to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery data ex poled. Time is of the aware,. Delivery and performance most be a atal within the time sated on the purchase order and the documents atrached hereto. No acts of the Purchasers including, without limitation, accrytmce of partial late deliveries, shall operate as a waiver of this pommon. In the sent ofany delay, the Purchaser shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall root be liable for damages as a rand, of delays due to causes not rmsonably foreseeable which sac beyond as reasonable courrol and without its fault ofnegligence, such as of(d, as ofcivii or military authorities, goven a ernal priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchica within Eve (5) days of the time when the Seller first received knowlexlge thereof in the event of any such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller an correct nonconforming or defective gras by a date to Is, agred upon by the Purchaser and the Seller, and the Seller therra0er indicants its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and be Seller shall pay all cast, exandaled with such work. The Seller shall release the Purchase and its cmntmcmrs of any tier Fran all liability and claims of my wtum resulting form the performance of such work. This release shall apply even in she event of fault of negligence of the parry released and shall extend to the dirccm a, millions and employees of tech party. The Sellers contractual obligations, including waramy, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. IT PATENTS. Whenever the Sella is acquired to are any design, device, material or process covered by letter, patmt, tmdamark r copyright, the Sella shall indemnify and rave harmless the Purchaser farm my and all claims for infringement by reason of the use of such pmen al design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be Obliged t0 pay by reason of such infringement it any time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pa is enjoined, the Seller shall, ar its own expense and at its option, either procure for the Purchaser the right b continue using said equipment or pans, replace the same with substantially equal but WmrfnWmd equipment, or modify it so it becomes nninfnnging 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a receiver or atime far any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 3. WARRANTY. 16. GOVERNING LAW. The Sella, wi mama that all goods, aides, murrods ad work covered by this order will conform with applicable The definitions oftemu used or the transportation of the agreement and be rights of all parties Mremder shall b, drawings, spaificatiom, samples arWor other descriptions given, will be fit for the purposes intended, and contained reader and governed by the laws ofbe Sate of Colorado, USA. pert d with the highest degree of are and competence in accordance with seep,d standards for work of a milar rtamre. The Seller agrees to bold the purchaser hmmlass farm any loss, damage or expense which the The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, Purobexa may suffer or incur on account of the Sellers breach of war ,my. The Seller shall replace, repab or make including the services of Sellers R mantra tivefft, on the promises ofobar. good, without cost to the purchaser, any defeds or faults arising within one (I) year or within such longer peed of, .❑ SELLERS RESPONSIBILITY. time as may be prescribed by law or by the teats of my applicable warranty provided by the Seller, aver the data n"fier secpance of the goods fumishd hereunder (acceptance not to be unreasonably delayed), resulting from imperfaa The Seller shall carry, on said work at Sellers own risk until the same is Fully completed and accepted, and shall, on defective work don or materals f ished by the Sella. Acceptance on use of good by the Purchase shall not in use of my accident, deshortma or i jury ,o the work Wilson materials before Sellers final completion and Woeprmce complete the work at Sellers own expense and to be satisfntion of the Purcbmer. When rmtera s constimte a waiver of my claim seder this warranty. Except as otherwise provided in this pmchau order, the Sellers liability hacunder shall extend mall damages proximately aused by dap beach of my of the foregoing wamnfes and equipment see fumishd by others for imallatiov or erectim by the Sella, due Sella shall receive,uolond, or gmremees, but such liability shall in no event inclade loss ofpmfits or loss cruse. NO IMPLIED WARRANTY more and handle same at the site and become responsible therefor as though such maenals sugar aluipmen, were being fumisM1ed by the Sella under the order. OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchase, may cadre changes to legal it. by be. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes a the team, other than Iegd terms, including addnimss a or deletions fmm be quantities congruity orchard in the spaiGcations or dawings, by verbal or wren change order. If any such change affects the amount doe or the time of performance hereunder, an equitable adjustment shall d made. 6. TERMINATIONS. The Purchaser may rat any time by written change aide,, terminate this agreement as m any or all portion of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or mamdals then in progress provided that the Purchaser shall not be liable for any claims for anticipated proits on the uncompleted portion of the goods and/or work, for incidental or ca"imntial damages, and that no such mijummen, he made in favor of the Seller with respect to any goods which art be Sellers sandard stock_ No such termirtatim shall relieve the Purchaser or be Sella of my ofbeir obligations as an my gods delivered heremder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thiry (30) days from be date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wanaats but all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Uses and regulations in which the gods are subject The Sella shall execute and deliver such documents as may be occurred to <fTen or evidence complUse. All laws and regulations required to be incorporated in aguemrnts of this charade, art hereby incorporated herein by this refermce. The Seller agrees to indemnify end hold the Purchase, harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay shall assign, marcher. or convey this order, or any monies doe or to become due hereunder without the prior wxinen consent of be other party. 10, THOLE. The Seller warams full, clear and unrestricted title to the Purchaser for all equipment, materials, and it. fumishd in performance of this agreement, freeand clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of tubers. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in ex mearm with the work covered by this purchase order, mdtor to their dependence in accordmce with the laws, of the state in which the work is to be done. The Sella shall also any comprehensive general liability including, be, not haritad to, examon ral and automobile public liability in. —a with bodily injury and doh limits of an laws, S3ooPW far nny one person. St.." for any one accident and property damage limit pa accident of 5400,000. The Seller shall likewise require his ...a—, Worry, to provide far such compensation and insurance. Before any of ere Sellers or his commmars employes shall do any work upon the premises of o nos, the Seller shall famish the Purchaser with is certificate that such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees bar such compensation and bounce shall be maintained until after the entire work is completed and soeptd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the attire responsibility and liability fat any aad all damage, loss or injury ofmy kind or mare whatsoever to persons no property caused by or resulting form be execution ofthe work provided f in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchase, office,, agents and employees ban and against any and all claims, asses, 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 be pa of the Seller, any of his contractors, or any of the Sellers or contractors mticers, agents or employees. In case any suit or other Proceedings shill be brought against be Pumhasa, or its officers, agents or employees at my time on account or by raven of any act, acbon, veglat omission or default of the Seller of my of his convectors or on, of its or bar Officers, agents or employees as idmarmid, be Sella hereby agrees m assume be defrme thereof and or defend the same at be Sellers own expense, to pay any and all casts, charges, attorneys fats and other expenses, any and all judgments bar 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 We. or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause be same to be dissolved and discharged by giving bond or othervdse. The Seller and his contractors shall take all safety precautions, barel, and usall all guard necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiation, be Occupational Safety and Health Act of 1970 and all holes ad regulations issued p., therem. Revised O72014