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HomeMy WebLinkAbout246056 PEDERSEN TOYOTA - PURCHASE ORDER - 9146865Fort Collins Date: 11/24/2014 Vendor: 246056 PEDERSEN TOYOTA 4455 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146865 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: DOUG CLAPP Note: ref. state bid Line Description Quantity UOM Unit Price Extended Ordered Price 1 MOTOR VEHICLE 2015 TOYOTA RAV 4 LE reference quote dated 11/21/14 per Megan Alayon 2015 Toyota Rav 4 LE AWD SUV base cost - $24,285.00 Options: -roof rails - $150.00 -all weather mats/cargo tray-$200.00 -cargo cover- $130.00 -roof rack cross bars - $315.00 sub total options - $795.00 sub total base - $25,080.00 Delivery etc. - $885.00 discount - $1,794.00 Total = $24,976.00 Dept. Utilities Deliver vehicle and title documents to: Fleet Services Shop 906 W Vine Fort Collins, CO 80521 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:purchasinga@fcgov.com iaSilt 11 12,488.00 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 9146865 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Contact: Greg or Eric ph# 970-221-6613 " Please call 24hours shoo hours 7:30am to 2 MOTOR VEHICLE 2015 TOYOTA RAV 4 LE 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 1 LOT LS 12,488.00 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Combats of Registry 84fi 581 is registered with the Collector of Inmmal Revenue, Denvea Colorado (Ref. Colorado Revised SLimtes 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in uansit, may be mourned to you for credit and ate not to be replaced except upon receipt of wrinen iwwctions( the City of run Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on moved. Final Acceptance. Receipt of the merchandise, services; or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion mall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this cover. Uperm¢sioa is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Diviner. Where mmmframmrs have distributing points in scric., pans .1 flu, conmry, shipment is emaled from the nearest distribution point to destination, and excess freight will be dcdnmcd from Invoice when shipments ore made from gr.to, distance. Permits. Sella shall poverty at sellers .to cast all necessary permits, cedifcares and license required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agree in hold the City of Fan Collins hamkss from and against all liability and loss rri mrd by them by reason of ea assaned or established violation of any such laws, regulations, ordinances, roles and require mans. Authorization. An ponies to this contract agree that the representatives art, in fact, bow Ede and passe full and template authority to bind said prier. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions shared Main set forth and any supplementary or additional terms and conditions mnexd herto or iworpomted human by reference. Any nddilional or di0'erent toms and conditions Profound by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery, date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stand on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate e a waiver of this provision. In the event ofany delay, the Purchaser 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 for damages as a result of delays due to causes not reammhbly f rosecable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil o, no Worry, m0mrires, governmental priorities, fires, strikes, Hand, 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 data of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, spmiftcatiow, samples ari other descriptions, given, will a fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamaty. The Sella shall replace, repair or rake good, without cost to the purchreq any defeats or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tern of any applicable wrranry provided by the Seller after the date of accepmntt of the goods f nnishd hereunder Bromptme, not no be unreasonably delayed), resulting from impartial or defective work Jane or nimmids fumishd by the Sella. Acceptance or use of gads by the purchases shall rot mwtitum a waiver of any claim gala this womoty. Except as otherwise provided ben this purchase order, the Sellers liability hacurkcr shall extend to all damages proximately caused by the breach of my of the foregoing wamnties or gvarom cex, but such liability dull in na even, include loss ofprofie, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchase, may make changes to legal terms by wrinen change mean. 5. CHANGES IN COMMERCIAL TERMS. The P... base, may make any changes to the moos, other than legal fares, including additions to or deletions from the quantities originally ordered in the specifications or &..in,,, by verbal or written change onto, If any such Image af'em the moot due or the time oCperf rmanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may cot cony time by written change order, temninste this agreement as to any or all potions of the goad than not shipped, subject to may equitable adjustment between the parties as to any work or materials then in progress provided that the Pumhaser shall not be liable for any claims for anticipated profts on the a complad portion ofthe good ardor work, for incidental or constituents) damages, and that no such adjustment be made in favor of rise Seller with respect to any good which are the Sellers standard stock. No such termination ahall relieve the Purch.er or the Seller crony of fob obligations as to any goad delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim far adjustment teas, be assured within thirty (30) days from the it.,, the change or mmNnfion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants, that all goad sold hereunder shall have been produced, sold, delivered ad f ishd in strict compliance with all applicable laws not regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and rcgulatiow required to be ncorpomted in summary of Nis chimera are bomb, incorporated herein by this are.,. The Sella rumors he indemnify and hold the Purchasr Families fmm all costs sad damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Sella, warrums full, clan, and unrexhicmd rifle to the Purchaser for all equipment, materials, and items famished n performance of this agreemed, five and clear of any and all he., res rmims, mservnlions, security interest enmmbrenes and claims ofothers. 11. NONWAIVER. Failure of the Purchaser as insist upon area perfomance of Re mmn and conditions hereof, failure err delay to examise any rights or remedlex provided herein or by law, failure to promptly notify the Sella in the event of a beech,the acceptance of at payment for goods hereunder or approval ofthe design shall not release the Seller of .try of the warmnsies or obligatiors of this perches ode, coral shill at be deemed m waiver of any right of the pumhxmrr m insist upon strict Performance hmafm any of its rights or remedies as to any such goods, regardless of when shipped, received or rccpted, as m any prior or subsequent default hertttvder, nar shall any Imported teal modification or remission of this purchase order by the Puu looser operate e a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Furchaaer recognize that in actual economic practice, overcharges resulting fmm woman violations are in fact home by the Purchaser. Theretofore, for goad cams and as considerations for executing this purchase order, On, Seller hereby ma igns to the Purchaser any and all claims it may now have or hemafer acquired under federal or stem antitmst laws for such overcharges relating to the particular grads or services purchased or acquired by the Purchaser pursuant to this to rchom order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Set let to correct nonconforming or defective goods by a date to be agreed upon by rite Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may or. the work In be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its radiation, of any tin room all liability and claims of any nature maddng from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, amcers and employees of such patty. The Sella, contraral obligations, including wamdy, shall not be deemed to be reduced, in any way, haw. such work is performed or conical tobeperf edby the Purchaser. 14. PATENS. Whenever the Seller is required to use any design, deice, material or process coveral by lever, Front, trademark copyright, the Seller shall indemnify and save harmless the Purchases from any ad all claims for infringement by reason of the use of such patented design, device, material or process in connection with the counsel, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or Nn is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or ryas, replace the same with substantially equal but momfidnging a,mminem, or codify it sec it bear.. ...,of ..... 15. INSOLVENCY. If the Seller shall become Insolvent or bankrupt, make an assignment for the benefit of aediton, appoint a nerviver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The ddnitions ofteras used or the interpMation ofthe agreement and the rights of all parties hereunder shall be catrst N under and governed by the laws ofilm State o17C.1moda, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hcteunder, including Ne services of Sellers Reposentative(a), on the premise, of others. 17. SELLERS RESPONSIBILITY. The Seller shall arty oa aid work at SdIcrs own risk until the same is fully compleed and accepted, and shall, in cos of any accident, destruction or injury to the woo sni materials bell Sellers final completion coal a arro m uc complre the work in Sidles own expense and as the satisfaction of the purchaser. When materials and equipment are furnished by others for mandiation or eremite by the Sever, the Seller shall receive, unload, store must handle same at the site and become responsible Werfm as though such materials mNor equipment were We, fiaaished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compensation, including caupetional disease benefits, to its employees employed an 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 work is to be done. The Seller shall alas racer comprehensive 6norml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S50 ,000 for any caccident and property dmage limit per accident of $400,000. The Seller shall likewise require his ontractors, if any, in provide for such compensation and insurance. Before any of the Sellers or his contractors employees shal I do any work upon the premises of others, the Seller shall famish the Purchaser with a redirects that such compensation and insurance have been provided. Such certificates shall specify the dto when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be mainmined until repo be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, loss or injury ofany kind nine oftes.r m persons or propcny weed by or reaching from the execution of the work provided for in this purchase order or in transactions herewith. The Seller will indemnify and hold hnmles; the Purchaser and coy r all of rate Purchasers oRicm, again; and employees fmm and against coy and all claims, losses, damages, charges or expenses, whether direct or insircel and whether to Persona or property to which the Puehaur may be put or subject by reason of any act, action, neglect, omission or default a. the pan of the Seller, my of his contractors, or any of the Sellers or contractors amcers, agents or employers. In case any and or other ptaee ings shall v brought against ds Pardoner, m its affairs, agars or employees at any time on accoad m by reason of my act, action, neglect, omission or default of the Seller of any of hie contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees or resume the defame thereof and m defend the same at the Sellers own expense, to pay my auk all costs, charges, attorneys fees and other expenses. my and all judgments that may be incurred by or obtained against the Pncheer or my of its or their officers, agents or employees in such suits or other pmceedinp, and in case, judgment or other lion be placed upon or obtained agel.uhe property of $e Purchaser, or said parties in or m a result ofsuch suits or other proceedings, the Seller will at once taus the soma to be dissolve end discharged by giving bond or otherwise. The Sella, and his contractors shall Like all safety precautions, burnish auk install all goads necessary for the prevention of accidents, comply with all lawx and regulations with regard to safety including, but without limitation, the Occupational Safetyend Health Act of 19]0 and all rules tealregulations issued pursumuhereto. Revised 0112014