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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9144334Fort of Date: 07/30/2014 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9144334 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/29/2014 Buyer: DOUG CLAPP Note: state bid replaces unit# 22005 Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Chevy Silverado 2500 1 LOT EA 25,769.00 HD 4wd Reg. Cab 133.6" work 2 Department cost coverage ref. quote dated 7/18/14 per Ron H. ZW9 Pick-up box delete --$675.00 QXT Tires, LT265/70R17E All Terrain, Blackwell - $200.00 ZXT Tire Spare - $380.00 PCR WT fleet convenience package - $610.00 VYU Snow plow prep package - $450.00 G80 Differential, heavy duty locking rear-$395.00 JL1 Trailer brake controller integrated - $230.00 nerf barsinstead of steps - $260.00 + $270.00 extra key - $125.00 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.00m 1 LOT EA 1,500.00 Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9144334 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price total = $27,269.00 Dept: Streets Deliver vehicle and title documetns to: Fleet Services Shop 906 W. Vine St. Fort Collins, CO 80521 Contact: Ian or Eric 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@fogov.00m Total 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 3 of 3 1. COMMERCULDEfA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWANER. 90-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon snail performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Starnes 1973, Chapter 39-26, 114 (a). exercise any rights of remedies provided herein of 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 release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be ratumed to you for credit and are not a be replaced except an receipt of written Pmohaser to insist upon stint perfiroverver hercofor any of in rights or remixes as to any such goods, eegardlns momentum from the City of Don Call.. of when shipped, received or accepted, as to any prior or subsryuent default hereunder, nor shall any purpoec l am[ modification or nsrission of this purchase order by the Purhaur operate as a waiver of any of the terms Impecdon. GOODS are subject to the City of Don Collins impaction on mdaal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in rexpome to this order am mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. undoubted payment on the pan of Me Ciry of Fan Collins. However, it is to be understood that FINAL Seller and the Poulusser, recognize thin in actual economic practice, overcharge, resulting nom amount ACCEPTANCE is dependent upon completion call applicable required impaction procedures, vi.1mures are in Get home by the Portion. Theoretic . for good came and as consideration for executing this purchase ordeq the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the reminder goods or services otherwise specified oa this under. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase under. bill most accompany invoice. Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disance. Whom manufacturers have distribming points in various in of the country, shipment is Win, Purchaser, directs the Seller to recover wnconf ing or defective goods by a date to be agreed upon by the expened from the nearest distribution in, to dedication. and ravens freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereat indicates its inability or unwillingness to comply, the Purclmser shipments are made from greater distance, may cause Me work to be Performed by the most expeditious steam available to it, and the Seller shall pay all costs exonerated with such work. Permits. Seller shall procure al sellers sole cost all necessary permits, cenificams and lacers- required by all applicable Laws,regulmions, ordinances and rates of the state, municipality, ministry or political madivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vmdc,. Seller further agrees to hold the City of Fort Collins hamiless from and against all liability and lass counted by them by reason of an assened or established vild.b.. of any such laws, regulations, ordituncrs, toles red requirements. AUOwrication. All ponies to this comma agree that the representatives are, in fast, born Ede and possess full and complete primarily to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the mares and conditions muted herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions p epomed by mileram objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyno cannot make complete shipment to above on your Promised delivery data as noted Time is of he essence. Delivery and Performance must be dii tad within the time muted oa the purchase under end the doaumend attached hereto. No acts of the Purchasers including, without limilmim, accepnance of partial late deliveries, shall meant in a waiver of his provision. In Me mint artery delay, the Purchaser shall have, in addition to other legal and quitable mnedies, Me option orplaning JIM order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a mull of delays due to causes not mentally foreseeable which ate beyond its reasonable control and without its fault ofingligence, such acts of God, acts of civil or military authorities, govemmmtal priorities, errs, strikes, Rood, 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 any such delay, the date of delivery shall be extended for the Turned equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wsmnts that all goods, mixes, materials and work coveted by this order will conform with applicable drawings, specifications, theories maker other description given, will W fit for the purposes intended, and performed with $e highest degree of care and aompetenea in accordance with accepted standards for work of a similar more The Seller agrees to hold Me purluser hhmtless fmm any loss. damage or expense which Me Purchaser may suffer or incur on account of the Sellen breach of wamdnry. The Seller shall replace, motor or make good, without cost to the purchauq any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the ,rats of any applicable war cry provided by the Seller after the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective woh done or materials mouthed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any maim under this winery. Except an otherwise provided in this purchase order, the Sellers liability homicide, shall extend to ell damages Inanimately ..it by Me breach of any of Me foregoing wanand. 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 Ira legal testa by comes change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal team, including additions to or deletions from the quantities originally ordered in the sperifcation s or drawings, by verbal or written change order. If any such change affects Me amount due or Me time ofperfornance bereurder, m equitable adjustment shall b, made. 6. TERMINATIONS. The Purchaser may at any time by wrigen change ceder, terminate this agreement as to any or all Positions of the good then not shipped, subject to any equitable adjustment browser Me parties as to any work or materials than in progress provided moo the Purchaser shall nam be liable for any claims for anticipated profits an the uncompleted portion of mite goods wearer work, for incidental or comequettial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standand stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the dam the change or termination u ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gosh sold hereunder shall have been produced, said, delivered and fumished in strict compliance with all applicable laws and mgulameas to which the goods are subject The Seller shall execute and deliver such documents as may ba required to affect or evidence compliance. All laws and regulations required ra be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser 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 party, shall aasige, counter, or convey this maker, or any motion due or to became due hereunder without Me prior wrinen c0. cifthe other parry. 10. TITLE. The Seller warrants full, clear and unrestnned title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement, nee and clear of any and all liens, moved arts, observations, security interest encumbrances and claims of miters. 'I he Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pert bounce of such work. This release shall apply even in the sent of fault of negligrnce of the party relented and shall extend to the directors, offices and employees of such they. The Seller's contractual obligations, including warranty, shall rat he deemed to he reduced, in any way, became such work is performed or mood to be performed by the Purchaser 14. PATENTS. Whenever the Seller is required to use my design, device, material or process c ivemal by liner, patent, trademark or ropydght, the Seller shall indemnify and save bnmrless the Purchsse, form any and all claims for InfHngemem by reason of the use of such pawased design, device, material or process in connecting with the aomrwt, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or after the completion of tee work. in case said equipment, or any Fan Mercer or the intended use of tee goods, is in such suit held to co rnimm inGngement and the use of said equipment or Pan is enjoined, fie Seller shall, at its own expense and at its option, either pmcvre for the Purchaser Me right to continue using said equipment or pans, replace the mine with substantially equal but noninf inging equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall became insolvent or baNrmpt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers pmpeny or bminess, this order may foehwith be canceled by the Pv ecluderwithout liability. 16. GOVERNING LAW. The defrnilman of temp total or Me inteayrea rim of Me agreemeal mad Me rights ofail parties hereunder shall be ...ad under and governed by the laws arrive Stare ofC.1wrol , USA. The following Adduiowl Condition apply only in taus when Me Seller is to perform work hertuMer. including the services of Sellers Rapresequtive(s), on the premen of others. IT. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satiali iou of Me Parchmer. When materials and equipment are f ishe l by others for installation or erection by the Seller, Me Seller shall receive, unload, store and handle same at the six and became rspomible therefor as though such maerials and/or equipment were being fiunished by Me Seller coder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the peymrnt of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Me work covered by his purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, coiuracstal and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit Per accident of "00,000. The Seller shall likewise require his mmtacto s, if any, to provide for such compansatian and ac uatem. Before any of the Sellers or his conmamors employees shall do any weak upon to premiss of others, the Seller shall famish Me Purchaser with a manifesto that such multimedia. and insurance baud Each provided. Such ceni@ate shall specify he date when such compensation ded insurance have been provided. Such renifates shall specify the dam when such compensation and imarance expires. The Seller agrees hat such compacsation and insurance shall be maintained until once the entire work is completed and accepted 19. PROTECTION AGAINST' ACCIDENT S AND DAMAGES. The Seller hereby assumes the entire resPsnsibil try and liability for any and all damage, loss or injury army kind or future whatsoever to persons at pmpeny caused by or resulting fmm Me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Me Purchaser and my r all of Me Purchasers officers, agents and employees ! and against any and all claims, Jacques damages, charges or expenses, whether direct or indirect, and whether to provers or property, to which Me Purchaser may be For or subject by reason of any act, acdon, negloh, omission or &Muh on the pan of he Sella, any 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 Me Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his camracrors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m vssume the defense thereof and to defend the same ache Sellers own expense, to pay any and all void, charges, anomeys fees and other expenses, any and all judgmrnd that may be coure d by or obtained against Me Purchaser or any of id or their oRicas, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against $e properly of the Purchaser, or said parties N or in a insult of such suits or other proceedings, Me Sellerwill at once cause the same to be dissolved and dochowLIM by giving bond or oherwige. The Seller and his connequess shall take all safety precan ems. famish and mi cal guards cecessary for Me prevention of accidents, comply with all laws mad regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant Memo. Revised 09R014