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HomeMy WebLinkAbout496637 EHRLICH VEHICLES INC - PURCHASE ORDER - 9146614Fort Collins Date: 11/13/2014 Vendor: 496637 EHRLICH VEHICLES INC 2625 35TH AVE GREELEY CO 80537 PURCHASE ORDER PO Number Page 9146614 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: WATER QUALITY LAB CITY OF FORT COLLINS 4316 W LAPORTE FORT COLLINS CO 80521 Delivery Date: 11/11/2014 Buver: DOUG CLAPP Note: ref. state bid replaces unit# 2257 Line Description Quantity UOM Unit Price Extended Ordered Price t Motor Vehicles and Accessories 1 LOT LS 9,392.16 initial payment 2 Balance - 2nd payment includes purchase fee ($350) reference revised quote dated 11/11/14 per Ricky Newman includes Floor mats - $180.00 hologram kick plate - $130.00 cargo net - $25.00 safety kit - $75.00 splash guards - $190.00 Dept: Water Quality Lab Contact: Greg R. or Eric n/ r P,4 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:purchasingQfcgov.com 1 LOT LS 16,789.50 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 9146614 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price ph# 970-221-6613 Deliver vehicle and documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 "* 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:purchasing@fogov.com Total $26,181.66 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I1fdIDi&=90n 1 0 n�DLS21am Page 3 of 3 L COMMERCIAL DETAILS. Tax exemptions. By amount, the City of Pon Collins is exempt frown state and local lanes. Our Exemption Nomber is 11. NONWAIVER. 9f 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mgismo, with the Col,ddo, of Failure of the Purchaser to bear upon added performance of the mmu end conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 DL exercise any rights or remedies provided herein or by law, failure to promptly ratify the Sella in the event of a breach, she acceptance ofor payment for goods hereunder or approval of the design, shall not clause the Sella of Goods Rejecred. GOODS REJECTED due to failure to meet specifimfions, either when shipped or due to defecm of soy of the waomntias or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mourned to you for credit and art not to he replaced except upon receipt of women Purchaser to insist upon strict performance hermfor any of its rights or remedies Or many such good, regardl¢s instmctimes ft. the City FFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hertunder, mr shall any imparted oral modification or rescission of this purchase order by the Purchases opnme as a waiver of any of the tams Inspection. GOODS me subject to doe City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, srrvicas or equipment in response to this order cars result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulamined Faymesd on the pan of the City of Fred Collins. However, it is m be understood that FINAL Sella and the Purchaser recognise that in actual cracturnic practice, overcharges retailing firm aatiwst ACCEPTANCE is dependent upon completion of all applicable ma,fired inspection proccd .. violations are in fact home by the Purchases. Theretofore, for good muse and as consideration for executing this purchase order, the Seller hereby designs to the Purchaser any end all claims it may now, have or hereaBer Freight Tears. Shipments must be F.O.B., City of Fort Collins, 70) Wood St, Fort Collins, CO 80522, unless acquired under federal or sure untilmst laws for such overcharges relating to the particular goods or services otherwise specified on this odder. if permission u given to prepay freight and charge separately, the original freight purchased on acquired "a purchaser pursumt o this purchase aides. bill must accompany invoice. Additional charges Sod parking will not he accepted. Shipment DO... Where rwnuwc. have distributing points in various pans of the country, shipment is expected f the nearest distribution point to destitution, and excess freight will be deducted form Invoice when shipments am made from gdame, distance. Pemtirs. Seller shall posture at sellers sole cast all necessary permits, certificates and licenses insured by all applicable laws, regulations, ordinances and roles of flue state, municipality, territory or political subdivision where the work is performed, or required by any other duly cowtimted public amhoriry havingjuriseliction over the work of vendor. Seller former agues to hold the City of Fort Collins handless from and against all liability and loss incurred by Nam by reason of an asserted or established violation of any such laws, regulations, Whomwei, roles and requirements. Authorization. All parties to this contract agree that the representatives arc, in tha, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tern and conditions most herein set farm unit any supplementary or additional terns and conditions annexed hereto or incoapmted herein by sapience. Any addition] or different terms and Conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyuu cannot make complete shipment to arrive an your promised delivery date in noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the lineaments marched hereto. No sets of the Purchasers mrIwhng, without limimti m, acceptance of panid late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Puncheon shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable to, damages as a result of delays due to causes not reassembly foreseeable which are beyond its reasonable control and without its fault of negligence, such arcs of God, acts ofcivil or military authoriona, governmental pr o iis, fires, strikes, flood, 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, me date of delivery shall be extended for the period equal to the time annually lost by ono not the delay. 3. WARRANTY. The Seller warrants that all geode, articles, materials and work comand by this order will conform with applicable drawings, specifications, amplas at other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can add competence in accordance with accepted standards for weak of a similar nature. The Seller agrees m hold the purchaser harmless firm any loss, damage or expense which Ne Purchaser my suf x m incur on account ofthe Sellers breach of warranty The Seller shall replace, repay or make good, without cost m rare purchaser, any defects or faults arising within me (1) year Or within such longer pound of time. may be praw ibed by law or by the demts of any applicable wmmnty provided by the Seller after the data of acceptance of the good f ished hadd nder parapmnce not to be communicably delayed), resulting firm imparfcet or defernve work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shot not constitute a waiver of any claim under this wmmnty. Except a otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing waranties or guarantxs, but snit liability shall in no event include loss of7part or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchases may rake changes m legal carats by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to Ne terms, other than legal toms, including addition to or deletions film the quantities originally ordered in the specifhcatons or drawings, by verbal or written change order. If any such change anew; the amount due at the time of performance hereunder, m ryuitable adjustment shall be, made. 6, TERMINATIONS. The purchaser may at any time by written change order, terminate this erg vamem as to any or all Forioa of the good Nen rim shipped, subject to any unable acloomoem belvee s. the pan any work or matviats than in progress provided that the Purchaser shall at be liable for any claims for anticipated pmNs oa the mcompleted portion of the good and/or work, for incidental or caaequeduial damages, and that no such whica ment he made in favor of the Seller with tspec) to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations al to any goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far w1jutment must be asserted within thirty (30) days man the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been frotluced, cold, delivered and famished in seder compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as cony be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold $e Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure I. comply with such law. 9.ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior woman warned of the other patty. 10. TITLE. The Seller wamm, full, clear and umesrdicted tide m the Purchaser for all equipment materms, and items fundshed in performance of this agreement, free and clear of my and all lice, restrictions, reservations, security moniw mcumbtaoa add claims of ollars. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Veda, Purchaser directs the Seller to cored nonconforming or defective goods by a date to he agmed upon by the Purchaser and the Seller, and the Sella thereafter indicates its mobility or unwillingness to comply, the permission may cause, the work in be performed by Ne most expeditious names available to it, and the Seller shall pay all mots wevocizled with such work. The Seller shall release the Pumhuser and its contractors of any tier fmm all liability and claims of any acme resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, aMr. cad employees ofsuch perry. The Seller's mdnmaual obligations, including warranty, shall par be decoded to be Muced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is remained to use any design, device mated.) or process coverts by lane,, patent bookmark r copyright, the Seller shall indemnify and save handless the Purchaser man any and all claims for inGngement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by eastern of such indecorum, an any time during the prosecution or after the completion of the work. In mu said ex uipment or any prat thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, of its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, Tarbox, the same with substantially equal but noninfringiag equipment, or modify it so it becomes wainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a deceiver or bou nce for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oft,. used or the interpretation of the agreement and tit rights of all parties hereunder shall be consumed wrier and govemed by the laws ofNe Sure of Colorado, USA. The following Additional Conditions apply only in races where the Seller is o perform weak hereunder, including Ne services ofSt le s Rcpresentativa s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry, a said weak in Sellers own risk until the same is folly completed and accepted, cad shill, in case of any accident, destruction or injury to the work and/or materials la faee Sellers fcal completion and acceptance, complete the wash at Sell&. own expense cad Ip me satisfied. of the Purchaser. When em eosl5 end equipment are fonishcd by others fur installation or erection by the Seller, the, Seller shell receive, unload, were and handle same at the site and become responsible therefor in tough such materials artdfor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compossution, including occupational disease benefice, to its employees employed on or in mmhectim with on work covered by this purchase order, aNm o men dependents in accordance with the laws of the stale in which the work is to he done. The Seller abut also cart, comprehensive general liability including, but of limited to, announced and automobile public liability insurance with bodily injury and death limits of at least S300,000 fur my care person, S500,0o0 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers ao his anomalous employees shall do any woak upon the premises of tubers, the Seller shut famish me Purchases with is certificate Nat such compensation and insurance have been provided. Such cenifcates shall specify me date whin such rm eaasatirn and insurance have been provided. Such cer ifbrma shall specify the date when such compessation and inesursence expires. The Seller Wilma that such compensation and Insurance shall be maintained unfit after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as es the entire responsibility and liabiliryfor my and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe wok provided for in Nis purchase order or in connection herewith. The Soler will indemnify and hold M1ennless the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether in persons or property to which me Purchaser may be net or subject by reason of any act, action, totaled, omission or default an the part of the Seller, any of his contractors, or any of the Sellers or contractors oRced, agents or employees. In raw any suit or other proceedings shall be bmught against the Purchaser, or its shears, agents ar employees at any time On account or by reran of any at action, neglect, omission or default of the Seller of any of his contractors or any of its or their.Vicars, agents or employees a aforesaid, the Seller hereby agmca to assume the de&ae Nermf and m defend Ne same at the Sellers Own expense, to pay any and all casts, charges, anemeys fees and office expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits err other prmeedings, and in case judgment or other lien bo placed upon or obtained against the property ofthe Purchaser, or said panics in or in a result ofsuch suits or other proceedings, the Sell. will at area cause the same I. be dissolved and discharged by giving broad or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all lawn and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 wad ell rules and regulations island pursant thereto. Revised 07=4