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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9145606Fort Collins Date: 09/26/2014 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9145606 1of3 This number must appear on all invoices, packing slips and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 09/26/2014 Buyer: DOUG CLAPP Note: state bid replaces unit # 25508 Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Chevy Colorado 4wd 1 LOT EA 25,920.00 Ext. Cab WT per qutoe dated 8/26/14 from Ron Heusinveld 2015 Chevy Colorado 4wd Ext. cab WT ext. color - Summit White, int. jetblack/dark ash cloth seats , includes engine block heater - $75.00 fleet free maintenance credit - $120.00 skid plate - $100.00 (2) extra spare keys -code 51­11 - $20.00 Base Cost = $23,960.00 added options spray -in liner - $475.00 V-6 - $1,235.00 Trailer Package - $250.00 sub -total = $1,960.00 Total cost = $25,920.00 Dept. Natural Areas - Ranger Program Deliver vehicle and title 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 Fort Collins PURCHASE ORDER PO Number Page 9145606 2of3 This number must appear 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: Greg R or Eric ph# 970-221-6613 "Please call 24 hours prior to delivery" shop hours are 7:30am to 3:30pm 2 extra keys (6) @ 125.00 ea 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 1 LOT EA 750.00 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. COMMERCIAL DETAILS. Tax exemptions. By status, the City of Fart Collins is exempt from stale and land does. Our Exemption Number is 98414502. Federal Excise Tax Exemption Certificate of Registry 84-60005D is registered with the Collector of Internal Examine. Deavef. Colorado (ReE Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped at due to de@eta of damage in m nsit may be retumW to you for credit and are not to be replaced except upon receipt of wrinen intmcumm, f the City of Eon Collins. Inspection. GOODS are subject to the City of Fmt Collin inpxtion on amval. Final Acceptance. Receipt of the merchandise, sanest in equipment in respomc to this order anresult in authorized payment on the pan of the City of Pon Collins. However, it is to he understood not FINAL ACCEPTANCE is dependent upon completion of all applicable required impaction procedure. Freight Tenn. Shipments most be FOB,, City of Fort Collins, 700 Wood St, Fan Collins, CO 80522, unless otherwise specified fin this abler. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will tribe accepted. Shipment Distance. Where manumaturers have distributing paints in various parts of [lieanmry, ishipment is expected from the ne mist distribution point ro daolm imh and excess bright will be dcdunted Gem Invoice when shipments are made from game, distance. Permits. Seller shall resume at sellers sole cost all necessary pemrits, anificules and liantn required by all applicable laws, regulations, ordinances and ales of the slate, municipality, territory or political subdivision where the work is perforated, or required by my other duly continuant public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Fort Collins homilies from and against all liability and loss morted w by them by rean of m asserted or established violation of any such benn s, regulations, ordinances, ones an requirements. Authorization. All at. 10 this contact agree that the representatives are, in fact, bom fide and possess full and complete mdwnry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the harm and conditions stated herein se forth and any supplementary or additional terms and conditions co esed hereto or incorporated herein by reference. Any additional or different farm and conditions proposed by seller are objected to and hereby milled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Delivery and performance most be eHencd within the time stated on the purchase order and the documents arched hereto. No acts of the Purchasers including, without harrmion, acceptance of partial late deliveries, shall operate as a waiver of this provision. in the event of any delay, the Purchaser shall have, in addition to other legal suit ¢,ramble remedies, the option of placing Nis oMer elsewhere and holding the Seller liable for dada,.. However, the Seller shall not be liable far it..,. as a at, of delays due,, causes not fmmnubly fof.eeable which ma beyond its reaomble control and wilhout its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or not, provided that notice afthe conditions causing such delay is given to the Pumbsever wif um five (5) its, of the time when the Seller first received knowledge thereof In the event of any such dehry, the data of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples worker other descriptions given, will be, fit for the puryoses intended, and performed with the highest degree of care and competence in accodance with accepted sandarea for work of a finger .,are The Seller agMm to hold the purchaser hami.s from any Inss, derna, or axpemc which the Purchaser May sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make Fact without cost to the purchaser, my defects or faults arising origin one (1) year rwithin such longer period of time as may be prescribed by law or by the tams of my applicable warranty Provided by the Seller mar the tame of acceptance of the goods famished hereunder beeeptane not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or me of goods by the Purchaser shall cat combine a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend an all damages proximately eataed by the breach of any of the foregoing monnmics or guarantees, but such liability shall in an event include loss of profits in loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tarts by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Paid mser may rake any chnng. In the teens, other than legal terms, ineludin, additions ur or relations from the quantities eriginnlly ordered in the speciGmrons or drawings, by verbal or winder change order . 11any such change wRFeti the amount due or the rime of pedbmana bareunde, an equitable sdjusurent shall be crude. 6. TERMINATIONS. The Purchaser may at any time by within change order, terminate this agreement as to any or all portions of The goods then not shipped, subject to any equitable adjntment belween the parties as to any work or materials then in pmgms provided that the Purchaser shall not be liable far any claims far anticipated profits on the unmmpined portion of the goods sumac work, foe incidental or consequential damage, and that no such adjustment m made in favor of the Seller with respect to any goof which are the Sellers simdmd stuck. No such teminmion shall relieve the Purchaser or the Seller of any affair obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be aseened within this, (30) days fmm the date the change or lamination is ordered. K. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in stnct compliance with all applicable laws and regulation, to which the gook are subject. The Seller shall exccu¢ and deliver such daumend as may W required to effeut or evidence compliance. All laws and regulations acquired to he incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchase as a null of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, transfer, or convey this order, or any carries due or to become due hereunder without the prior woman consent ofrhe other party. 10. TITLE. The Seller warrants full, clear and unmsuiched lisle to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of orders. I I. NON WAIVER. Failure of the Purchaser to insist upon indict Performance of the tern r and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure in promptly notify the Seller in f a event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall out release the Seller of my of the warranties or obligation of this purchase oMer aM shall not he deemed a weivc, of my right of the Purchaser ro insist upon strict Performance hcreofor any of as rights or remedies as to any such goods, regardless of when shipped, received or smarted, . fa any prior or substanes, defaWt hereunder, nor shall my purported oal maintained or rescission of this parch se oMer by the Purchaser operate as a waiver of any of the on. Mercer. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller snit the Purchaser recognize that in actual economic practice, overcharges resulting from moment violations ere in fact home by the Purchaser. Enammfrm, forgood cause and es consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antim st laws fur such overcharges relating to me particular goods or services purchased or acquired by the purchaser ground to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OHLIGATIONS. If floe Purchaser directs the Seller to correct nonconfomo ing or defective goods by a date to be spread upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, his Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Scher shall mime the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting from the performance of such wurk. This release shall apply even in the event of fault of negligence of the pen released and shall extend to he directors, officers and employes ofauch Party. The Sellers contractual obligation, including werand , shall not be domed to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to uae any design, device, material or process covered by lens, plant, tadcrmrk r copyright, the Seller shall indemnify and save harmless the Purchaser From any and all claims far infringement by reason of the use of such pointed design, device, matanal or process in connection with the commit, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by must of such infringement at my time during the prosecution or after the completion of the work. in case said equipment, or any pan thereof or the intended use of the goads, is in such suit held to candidate infringement and the the of said equipment or pan is injected, the Seller shall, at its awn expense and at its option, either procure fur the Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but momfir nghr, i,qui sel, in modify if so it becomes noninfringmg 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of credihm, appoint a receiver or McAce for any of tire Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the imeryreution of the agreement and fee rights of all parties hereunder shall be compared under and governed by the laws of the State ofColorms, USA. The following Additional Condition apply only in assan, where the Seller is an permm work ortunden including the service M'Seliers Represent nive(s), on due premises offenders. 17. SELLERS RFSPoNSIBILITY. The Seller shall may on said work at Sellers own risk until the same is fully completed and accepted, end shall, in rase of any mcide iL demarcation or injury to the work smi materials before Sellers fmI completion and rammance, complete the work at Seller's own expense and to Be satisfaction of doe Forstmann. When materials and eq.i,.mt arc Statistical by others far installation W erection by to Seller, the Seller shall mcaive, unload, sore and handle same at the site and become tespmosible therefor as though such materials aadbr equipment were being fimoishW by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employes 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 state in which the weak is to he done. The Seller shall also carry comprehensive general lintainy including but not limited to, contractual and automobile public liability insurance wish bodily injury and deal, limits ofal least S300,000 for any one person, $500,000 for any one accident and property, damage limit per accident or S400,000. The Seller shell likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employes shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cenificnte that such compemotion and insurance have ben provided. Such certificates shall specify the date when such compensation and imumnce have ban provided. Such cenifcares shall specify the date when such compensation and insmamx expires. The Seller agmea It,.,, such compamainn and insurance shall be onome bed until it,, the entire work is completed end mcepred. 19. PROTECTIOX AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire r.ponsibility and liability for any and all damage, loss or injury ofany kind or mare whatsoever to person or property caused by or reaching fmm the execution of the work provided fur in this purchase under or in connection herewith. The Seller will indemnify and held himl nis the Purchaser and any r all of the Ruch oRcars, agents and employees fmm and against any and all claims, losses, damages, char,. or expenses, whether direct or indiMct and whether to person or prsryerty to which ore Purchaser may be, put or subject by Mason of any let, action, nigher, omission or default on dha Iran of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employes. In ease my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employes at any time on aucros or by Masan of my act, action, neglect, omission or default of the Seller or any of his contractors or any of its or Nair effects. emirs ser employees n agamosid, the Seller hereby ogre. m .some the defense, thereof and to defend the same at the Sellers own expeme, to pay my and all costs, change, ahomeys fees and other expenses, any and all Engineers that may be, incurred by or obtained against the Purchaser or any of its or their officers. agents or employes 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 posies in or as a result of arch suits or other proceedings, the Seller will al once use the same to be dissolved find discharged by giving band or othandid. The Seller and his comacme, shall take all safery treasonous, famish and insmll all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Ihealth Act of 1970 and all min and regulations issued pursuant thereto. Revised 0712014