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HomeMy WebLinkAbout351863 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9144537PO PURCHASE ORDER 914453er Page City. of 9744537 1 of ' `t/ OI I Ins This number must appear �.I " on all invoices, packing sli s and labels. Date: 08/07/2014 Vendor: 351863 PLATTE RIVER POWER AUTHORITY ATTN: SCOTT ROWLEY 2000 E HORSETOOTH RD FORT COLLINS CO 80525 Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS CO 80524 Delivery Date: 08/07/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2008 GMC Savana 1 LOT LS 4,500.00 Cargo Van 2 2008 GMC Savana 1 LOT LS 4,500.00 Cargo Van „ ref. email date 7/31/14 per Jeff Menard Deliver vehicle and titel documents to: •- .. Fleet Services Shop .. 906 W. Vine St. .,. Fort Collins, CO 80521 Contact: Eric T. ph# 970-221-6613 "please call 24 hours prior 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@fcgov.com 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 1. COMMERCIALDEFA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from state and last fora. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry S4-6000587 is mosterad with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due an failure to meet sped Rcations, either what shipped or due to defects of damage in down, may be returned to you for credit and ere not 1. be replaced except .,on receipt of written ittslmceons firm the City of rort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of the rarchandise, services or equipment in response to this order can mull in authorized payment on the Rut of the City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon complalm of dl applicable required inspection procedures. Freight From, Shipments must be FOH., City of Fort Collins,'l0o Wood SL, Too Collins, CO 90522. urdess whawiw specified on this order. If permission is given to prepay freight and charge seismic Iy, the original freight bill must accumnanv m1m.c.. Addhionol entrees for packing will not be accepted Shipment Distance. Where manufacturers have distributing points in various puts of the mnmay, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments am made firm greuter distance. Permits. Seller shall procure or sellers sole cost all necessary pemtits, comificota and licenses requited by all applicable laws, regulations, onfirearms and rates of the stare, municipality. January or political subdivision where the work is performed, or required by any other duly rotational public authority having jurisdiction over the work of vendor. Serer fuller agrees to hold the Ciy of Fort Collins harmless from and against all liability and loss incurred by them by reawn of an asserted or established violation of any such laws, regulations, odinances, rates and requirements. Auffiso ,ions. All ponies to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incoryowed herein by reference. Any additional or dilTcrent It. and condnimu proposed by seller ere objected to and hereby rcjemed. 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 aware. Delivery and performance must be effected within the time slated on the purchase other and the documents attached hereto. No acts of the Purchasers including, without limtmnew, acceptance of partial late deliveries, shall operate as a waiver ,!this provision. In the event crony delay, the Purchaser shall hate, in addition to other legal end vendable remedies, the option ofplacing this coder elsewhere and holding the Seller liable for damages. However, the Seller shall oat 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, Tres, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Parchaser 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 f extended for the period rapid a the time actually lost by reown of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, nationals and work rovetvl by this other will conform with applicable drawings, specifications, samples raker other descriptions given, will be it for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fur work of a 'miler mture. The Sella agrees to hold the purchaser hiltless floor any lass, damage or expense which the Purchaser may suffer or incur In account of the Sellers breach of warmnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presc obal by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to f unreasonably delayed), resulting from Impa mer or defective work done m mataink famish by the Seller. Acceptance or use of goods by the Purchaser shall nor annitur, a waiver ofany claim under this wvranry. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximarety mused by the brcacb of my of the bargain, warranties or guarantees, but such liability shall in no an in ha a loss ofp.fiU err loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. '- 4. CHANGES IN LEGAL TERMS. 2Te Purchaser may make changes to 1e61 terms by while. change India 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change m the hem¢, what than legal terms, including additives or ar deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomance hereunder im equitable adjustment shall be Trade. 6. TERMINATIONS. The Purchaser may at any time by wduat change order, terminate this agreement as many or all portions of the goods then ram shipped, mmal to any erluiable adjustment fewest the panics as m any weak or motmoB then N progress provided that the Purchaser shall not be liable fro any claims for anticipated poll on the uncompleted portion of the goads ankor work, for incidental or ano,cential damages, and that no such adjustment be made in favor of the Seller with respect to any press which are the Sellers standard stock. No such termination shill relieve the Purchaser or the Sella of any of their obligations ex to any goads delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjusment must to, asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold bereunden shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good we subject The Sella shall execute and deliver such documens as may this technical m effect or evidence compliance. All laws and moulatimas restated an be incoryomted in agreements of this character we hereby incorpomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmlea ism all ends and damages widened by the Placentia as a result of the Sellers failure ea comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, in convey this order, or any monies due or to become due hereunder without be prior ward exmmt of the other parry. 10. TITLE. The Sella warrants Our clear and unrestricted doe to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all licm, raaimms, resmmims, security interest encumbrances and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon vain performance of the terms and conditions hereof, failure or delay to excersany rights or remedies provided herein or by law, failure to promptly notify the Seller fir the Want of a breach,the acceptance of or payment for goods hereunder or approvala ffe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deems! a waiver of any right of the purchaser to insist upon strict performance hureofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpaned oral multi nation or rescission of this purchase order by the Pumbacer oWmw as a waiver of any of the tents hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reeW. Nat in actual ec is practice, overcharres ulting sulting ftemnttrus aid., violations art in fact home by the purchaser. Theretofore, four good coos, and as consideration for executing this purchase order, the Seller hereby assigns to the Purrhaser any and all claims it may now have or hereafter acquired under federal or stare contrast laws for such overchmR, relating to the particular goods or services Fuohzsed or acquired by the Pumbleeer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser directs the Seller to correct nonconforming or defective goods by a date to f ageral upon by the Purchaser and the Sella, and the Sella thereafter indicates its itabiliry or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of my tier from all liability and claims of any nature, resulting firm the performance crunch work. This release shall apply even in the event of fault of negligence of the Judy released and shall ,sand m the directors, officers and employees of such piny. The Sellers contractual obligations, including warranty, shall not f dented m be reduced, in any way, because such work is performed or caused to be perfamrial by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, ..,,.at or paras covered by leder, patent, trademark copyright the Seller shall indemnify and save humless the Purchaser from any ant all claims for infringement by reamn of the use of such patented daign, device, material or process in connection with the aware, ant shall indemnify the Purchw r for any cast expense or damage which it may be obliged a pay by reason of such infringement at any time during the retaliation or after the completion of the work. In case said camipment ar any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said compnsm or pan is enjoined, the Seller shot[, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing aluipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigneral for the benefit of creditors, appoint a dreiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Functional without liability. 16. GOVERNING LAW. The definitions ofterms used car the interyrnction ofthe agreement and the rights of all parties hereunder shall the, command when and governed by the laws of the Stare ofColomdo, USA. The following Additional Conditions apply only in where be Seller is to perform work hereunder, including the services of Sellers Represent tivefid. on thecases premises of others. H. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers our risk until the same is fully completed cod accepted, and shall, ur came of any accident determiner or injury to the work anNor we mats before Sellers fr—[ Completion and areux e, complete the work se Sellers own expense and a the saaisfaction of the Purchaser. When materials ant equipment art famished by others for installation or erection by the Sella, the Sella shall raeive, nnlmd, stare and handle same m the site and become responsible therefor as through such mm mals smaller equipment were being famished by the Sella under the order. ... 18. INSURANCE. The Seller shall, at his own expense, provide fur the payment of workers compensation, including accupatiuml disease benefits, to its employees employed on or in connection with the work covered by this purchase order, maker to their dependents m worida ce with the laws writhe 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, imumnce with fairly injury and death limits of at least 5300.116tl for any one Person, 5w0,000 for any one ccident and property damage limit per accident of S400,000. The Seller shall likewise require his mnlmaoni, if any, to provide for such mmpemalm. had imumnce. Bef any of tf Sellers or his mntmcars employees shall do any work upon the penises of others, the Seller shall famish the Purchaser with a certificate that such mmpnssation sad insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ounificates shall wecify the date whom such compensation and insurance expires. The Seller agrees th t such compensation and insurance shall f maintained until a0a the entire work is completed and accepted. 19. PROT EC'I [ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respo milelay and liabiliy for any and at damage, loss or injury of any kind in nature whatsoever to persons or property caused by or resulting from the execution ofrhe work provided for in this purchase asset or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any cr all of the Purchasers oFlicersnd , agents aemployees from and against any and all Claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persona or property to which the Purchaser may be, Put or subject by reaon of any act action, neglect. omlssim or default on the pan of the Seller, any of his contractors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall Its, brought against the Forshasa, or its officers, agents or employees in any time an account or by maven of any at action, neglect omission or defult of the Seller of any of his contractors ne any of its m their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the more at the Sellers own expense, to pay any and all vests, charges, attorneys fees and other expenses, any and all judgments that may be, incuri by or obtained against the Purchaser or any of its or theta 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 procedings, the Seller will at once cause the same to f dissolved and dlwhargnd by giving bond or otherwise. The Seller and his commercial shall note all safety reservations, famish and install all guards wrommy for the prevention of accidents, comply with all laws and regulatioas with regard a safety including, but without Intention, the Oroupariorval Safety and Health Act of I970 and all roles and caulabow issued pursuant there«. Revised 072014