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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9145530Fort Collins Date: 09/24/2014 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9145530 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: 09/23/2014 Buyer: DOUG CLAPP Note: state bid 2014A Lease Purchase replaces unit #'s 2444 and 2551 Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Chevy Colorado Ext. Cab 1 LOT EA 51,840.00 4wd WT (ext. White) - qty (2) ref. quote dated 8/26/14 per Ron Heusinkveld Quantity - (2) 2015 Chevy Colorado 4wd Ext Cab WT exterior - White, interior - black/dark ash -engine block heater - $75.00 -skid plate - $100.00 -extra key - $20.00 sub total - $23,960.00 -spray in liner - $475.00 (� -V-6 - $1235.00 -Trailer pkg (V-6 only) - $250 Total = $25,920.00 Dept: Parks Deliver titel and documents to: 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. of 9145530 2of3 Flirt Coltins This number must packing ,�_J`' "' t on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 Contact: Gregor Eric 970-221-6613 " please call 24 hours prior to delivery " shop hours are 7:30am to 3:30pm 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:pumhasing@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 3 of 3 1. COMMERCIAL DETAILS. Tax examines. By same the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption CmiOcateof Registry 84-6000587 is registered with the Collector of Interval Revenue. Denver. Colorado (Ref. Colorado Revised Smmta 1973, Chap¢r 39-26,114 (a). Goa& Rejected, GOODS REJECTED due to failure to meer spwifications, either when shipped or due to defect of damage in tmnsiq may be returned to you for credit sad are not to be replacW except Open no t of wr non matmctions f'mm the City of Fan Collins Inspection. GOODS ere subject o the City of tan Collins inspection on arrival. 11. NONWAIVER. Failure of me Purchaser to insist upon strict Performance of the termm and conditions hereof Inilme or delay to exorcise any rights or «medles provided herein or by law, failure 10 promptly notify the Seller in the went of a branch, the acceptance of or payment for goods hereunder or approval of the design. shall rent release the Seller of any of the warranties or obligations of this purchase order and shall not be, deemed a waiver of any right of the purchaser to insist upon strict perNmmnce hercofor any of its rights err remedies as to any such goods, regardless 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 me terms hmor. Fiwl Acceptance. Receipt of the merchandise, mr-Oce, or opponent in response to Ous order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized O.Mail on the part of the City of Fan Collins. Dramatic, it is to be under ma l that FINAL Seller and rise Purchaser recognize that in actual economic practice, overcharges resulting from actioust ACCEPTANCE, is dependent upon completion ofall applicable occurred inspection procedures. ululation, are in form home by the Purchaser. Thereofore, for good cause and u consideration for executing this purchase order, the Seller hereby aasigns to the Purchaser any and all claims it may now have or harafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fart Collins, CO Bm522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. if permission is given in prepay freight and charge separately. the original freight purcbaxd or acquired by Ne Purchaser purnm ntto this purchase ender. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers ham distributing Points in various part of the country, shipment is expected from the neatest distribution point to destination, and excess freight will be deduced from Invoice when shipments are made from greater distance. Permits. Seller shall procw, al sellers sole cost all necessary permits, mnificmu and became received by all appliable laws, regulations, midinsnces and mks of the spite, municipality, humtary or political subdivision where the work is performed, or required by any other duly mnstimted 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 rearm of an asserted or established Oulinum of any such Lows, regulations, malimmon s, roles and requirement. Amhorixaticew All Rani- to this comma agree that the rep¢senutivn are, in fact, bow fide and possess full and complete authority TO bind said parties. LIMITATION OF TERMS. This Probes, Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by re@rena. Any additional or different terms and c.... Lima, pmprsd by seller are objected to and hereby rcjcetd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m mrim an your promised delivery date as noted. Time is of the menu. Delivery and performance must bd ver, inc within the time spited on the purchase order and the documents attached as a on No act of the Purchasers including, without ficuthe urcha er steal Rose, e, i nadd Ime deliveries, shall d aric bl irritates, , the provision. In me evens order any delay, the holden the have,id addition to BIcgmandequitablehall not the option of this order dsewM1ere and holding 0m Seller liable for damages. However. the Shcu shall not be liable for damages f a taunt of delays due m causes not reassembly foreseeable immaarc beyond its reasonable control and without it feint of negligence, such act ofOod, not ice oft or milimryns cawing such &lay is given to Tres, stokes, flood, iv i (5) da, wort he not, pmvidd than notice pe the ed lami va musing such delay is given to such Purchaser within live delivery of the time when the Seller first rseivd knowledge thereof In the event of any such delay, the date of ddircry ,ball be extended for the period yuul to the time actually lost by reaon of the delay. 3. WARRANTY. The Sella warrant that all goods, articles, materials and work covered by this order will cmdorm with applicable drawings, specifiations, samples andtor other d-cnptiou given, will be to, fro its, paryos- intended, and performed with the M1ighest degree of care and competence in accordance with accepted standards for work of a similar ature. The Seller agrees to bald the purchaser homeless from any 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 cast to the purchaser, any de@eb or faults arising within one (1) year err within such longer paned of lime as may he prescribed by law or by the terms of any applicable warcnty provided by the Seller miter the date of ameliorates, of the goods mmishd hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defective work done or mmcrials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this warranty. Except as otherwise provided in this peach+ • under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or garoutces, but such liability shall in no event include loss of profit, or lass of use. NO IMPLIED WARRANTY OR M ERCI IANTABILITY OR OF FITNESS FOR PURPOSE, SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal team by prate change order. 5. CHANGES IN COMMERCIAL TERVIS. The Purchaser may make any changes to the terms, other than legal musts, including additions to or deletions from the qunatities mnginally ordered in the, specifications or drawings, by verbal or written change order. If any such change affect the amount due or the time of performance hereunder, an aquimble adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the parties as to any work or =,costs than in progress provided that the Pmclm,a shall not he liable for any claims for anticipated profits on the uncrinplered portion of the goods andor work, for incidental or consequential damages, and that no such adjustment M tide in favor ofthc Seller with respect to any good which me the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligntiom as m my grads delivered hereunder. T. CLAIMS FOR ADIUSTMENT. Any claim far adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all goods mid hereunder shall have ban produced, sold, delivered and famished in spier compliance with all applicable laws end regulations to which the goods core inject. The Seiler shall exame aM deliver such documents as may be required to effcet or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incmpumted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suRerel by the Producer as a result of the Sellers mi lute to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tma&a or convey this ordet, or any monies due or to become due hereunder without the prior woncn caamr of the Other Pan, 10, TITLE. The Seller warrant full, dean and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perforon. of this aparna t, f and clear of any and all lien, rumctims, reservations, security interest eaumbrmnces and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Set let, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and rise Seller shall pay all cos¢ exas imd with such work. The Seller shall release the Purchaser and its ..,a. of any net from all liability and claims of any venue resulting from the per6rmanw of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend in the directors, oMe,,, and employees ofaueh pony. The Seller's contmetual obligations, including wamary, shall not be decimal W be, reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PAl'ENTS. Whenmmr the Seller is required to rase any design, device, around or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and al I claims for inGngement by reason of the use of such patented design, device, mmmnal or prowess in connection with the contact, and shall indemnify the Purchaser for a, cast, expense or damage which it may W oblige to Pay by ream. of such infringement at any time during the pmswution or after the completion of the work. In case said equipment or any pm thereof of the intended use of the goods, is in such suit held to constitute infringement end the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either practice for the Purchaser the right as continue using said equipment or pans, replace the same with substantially equal but nuninfringing equipment, or modify it so it becomes noninfnagimg. 15. INSOLVENCY. If the Seller shall become iuchent or transcript, rake 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 wihout liability. 16. GOVERNING LAW. The definitions ofterms used or the interpremtion of Ne agreement and the rights oral[ parties hereunder shall be mnstmed wrier and Invariant by the laws ofthe Stare ofColorade, USA. The following Additional Conditions apply only in owes where the Seller is to perform work hereunder, including the services of Sellers Repowemmive(s), on the premises ofatham. 17. SELLERS RESPONSIBILITY. The Seiler bull assry, an said work at Sellers own risk until the some is Polly oomplored and accepted, and shall. Po max of my accident, destruction or injury to the work .&a, materiels before Sell&, find completion and acceptance, complete the work at Sellers awn expense and to the satisfaction or the Purchaser. When matners and equipment are famished by others for installation or erection by the Seller, the Seller shill receive, unload, store and handle same at the site and become responsible therefor as though such materials an:l/m equipment were being fumishd by the Seller under the order. 18. INSURANCE. The Seller shall, at has own expense, provide for the payment of waders compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the tram N which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and antoon ibile public liability insurance with bodily injury and death limit of at least S300,o00 for any one person, $500,000 for any one<aide., and property damage limit per accident of S4W,000. The Seller shall likewise require his comimemrx, if any, to provide for such compensation men insurance. Before any of the Sellers or his ..am employees shall d0 any work upon the premises crudities, the Seller shall famish the purchaser with a cauffette that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cau cafes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the ore work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usnmes rise entire responsibility and liability for any and all damage, loss or injury ofay kind or aim whatwver to parsons or property caused by or resulting from the execution of me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property It, which the Purchaser may be pm or subject by ¢awn of any act, action, neglect omission ar default con she part of the Seller, any of his commcmrs, or any of Ne Sellers or contractors officers, agents or employees. In case my suit or offer proceedings shall be brought against the Purchaser, or it officers, agent 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 contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at she Sellers own expense, to pay any and all cost, charges, attorneys fees and other expenses, any and Al judgment that may be incurred by or obtained gainal the Purchaser or any of its or their officers, agent or employees in such suits or ocher pmcedings, and N cue judgment or after lien be placed mmv or Obtained against the papery of the Pmcluser, or said panic in or as a result of such suit or other pmistent , the Seller will at once came the same to he dissolved and duchurged by giving band or otheraix. The Seller and his contractors shall take all safety precautions, f ish and install all gumds necessity for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Faith Act of 1970 and all roles and regulations issued pursuant mercer. Revised 07/2014