HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9147190Fort Collins
Date: 12/08/2014
Vendor: 102564
DELLENBACH MOTORS
3131 S COLLEGE AVE
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9147190 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 12/05/2014 Buyer: DOUG CLAPP
Note: state bid/ quote
replaces unit# 2733
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Chevy Colorado 4x4
Ext Cab.
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
25,895.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
F`rt Collins
PURCHASE ORDER
PO Number Page
9147190 2o13
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
reference quote dated 8/26/14 etc.
per Ron H.
2015 Chevy Colorado 4x4 Ext Cab
- base cost - $23,935.00
- V6 - $1,235.00
- trailer pkg - $250.00
- spray in liner - $475.00
- additional keys - included
total cost = $25,895.00
Deliver vehicle and title documents to:
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 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@fcgov.mm
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. COMMERCIALDETAILS.
Tax exemptions. By stans, the City of Fort Collins u exempt from state and local users. Our Exemption Number, is
I L NONWAIVER.
98-04502. Formal Excise Tax Exemption Certificate of Registry M-600058] is registered with Jac Collector of
Failure ofthe Purchaser to insist upon d m, performance afobe terms and conditions heemf, failure or delay to
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Stories 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, fad lute to promptly notify me Seller in the event of a
breach, the acceptance For payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods RejcdaL GOODS REJECTED due to failure to mad specifications, either when shipped or due to defect of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
damage in transit, may be recurred elm you fro credit and are not to be replaced except upon receipt of written
purchaser to insist upon surd perfomtance hereof or any of ils rights or remedies as to any such good, regaalecs
mmuctlons fro the City of Fort Collins,
of whim shipped, received or mmptcd as to my prior or subsequent default haauder, car shall any purported
and modification or rescission of this puchax order by the Pachuca operate ns a waiver of any of the across
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment an the pan of the City of Fort Collins. However, it is to be andemleml that FINAL
ACCEPTANCE is dependent upon completion ofall applicable requital inspection procedum.
Freight Tens¢. Shipments most be F.O.B., City of Tom Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified net this order. If permission is given to prepay freigbd and charge separately, the original fieiKht
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. When manufacturers have distributing points in various pans of me mumry, shipment is
expected from me nearest do rfloomm point to destination, and excaa freight will be, deducted from Invoice when
shipments are made from greater distance.
Pearls. Sella shall picture at sellers sole cast all necessary pemtib, certificates and Idcemes required by all
applicable laws, regulations, infamous and rules ofthe site, municipality, wailory or political subdivision where
the work is performed, m required by any order duly emotional public authonry havingjmisdiaion ova she work
of vcmlor. Sella (infer agrees to hold the City of Fair Collins harnless from and against all liability and loss
soil,red by them by reason of m mamcd or established violation of any such laws, regulations, ordinances, roles
rtgair mentn.
Authentication. All Forma to this contract agree that the representatives are, in fact, Mrs fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS, This Purchase Orde, expressly limits acceptance to the at., and conditions sited
herein set form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reflectance. Any additional or different terms and mnditdans proposed by seller are objected do and herby r jeital
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arive on your
promised delivery date as noted. Time is of me essence. Delivery and performance most be effected within the time
stated on the purchase order and the dommeam attached hereto. No acts of the Purchases including, without
bantam, acceptance of ptiond late dcliveria, shall operate as a waiver off, provision. In the event ofany delay,
the Purchaser shall have, in addition to after legal and aluiable remedies, the option ofp1ming this order elsewhere
and holding rise Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to coax, cat reawwbly fomseeable which are beyond its reasonable amml and without its full of negligmce,
such arts of Gad,acts of civil or military authorities, governmental priorities,( s, strikes, Bond, epidemics, wars or
hots provided that notice of the conditions musing sad, delay is given to the Purchaser within five (5) days of the
time when me Sella first received knowledge thereof. In the event of any such &lay, the dam of delivery shall be
extended for the Final eqwl to the time actually last by reason offer delay.
3. WARRANTY.
The Seller wmmts that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar adore. The Seller agrees to hold the parchaxr harmless from my loss, damage or expense which the
Purchaser may suffer or inmr on account arrive Sellers breach of warranty The Sellershall replace. repair or make
good, without cost to the purcbauq any defects or faults arising within one (I) year or within such longer paned of
time ns may be pmcribed by law or by the terms of any applicable warranty provided by the Sella net the date of
meptarm of the goods furnished hereunder (sai ptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Sella Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim ands, this wadmttty. Except as mherwix provided if this purehas, Order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of me foregoing wamntia
or guarantees, but such liability shall in no event include tau of pmfids or lass of sex. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may take changes to legal teats by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tams, other than legal teats, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time afperfornance hereunder, an equitable adjustment shall be made.
&TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the
goods then not shipped subject f any equitable adjustment between the parties as to any work or materials then in
prob're.a Fronded that the Purchasa shall nor be liable fit any claims for anticipated profits on the uncompleted
portion of the goods calm work, for incidental or cuwequential damages, and that no such adjustment be made in
most of me Sella with respect many good which arc the Sella mankind sock. No such tenciention shall relieve
the Purchaser or the Sella army offeir obligations as to my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be, asserted within thirty (30) days from the dale the change or termination is
caused.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict
compliance with all applicable laws and machos- to which the goods are subject The Seller shall execute and
deliver such documents as may be rrqulred to effect or evidence compliance. All laws and regulations required to be
incorporated in agreement of this character are hereby inco pammd herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchaser as a mull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10, TITLE.
The Seller warrants full, clear and unrestricted title to the Purchases for all equipment, materials, and items mounted
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
mmmbmncea and claims ofodurs.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from it.,
violation an, in fact home by the Purchaser. Thertbf rm, for good cause and as modification for executing this
purchase coda, me Seller hereby aligns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sate antibram laws for such overcharges relating to the particular good or services
purchased or acquired by the Purchaser promanuo this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifte Purchaser directs the Sella to atrial nonconforming or defective goods by a date to be agreed upon by the
Pastime, and the Seller, and the Seller hummor movement its inability or unwillingness to comply, the Purchaser
may cause the work to be perforated by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall release the Purchaser and its eontmctors of any her Imm all liability and claims of any nature
resulting from the perrormantt ofstam nook.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees arsuch party.
11b Sellers communal obligations,.]ading country, shall trot be decimal to be reduced, in any way, because
such work is perforated m emnal to M performal by the Pa dame,
14. PATENTS.
Whenever the Seller is required muse any design, device, material or process covered by letter, patent, trademark
or copyrighn, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, dame. material or process in comation with the comma, and
shall indemnify the Purchaer for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the pmsecmion or after the completion of the work. In case said equipment or
any part thereof or the intended use of the goods, is in such suit held m constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser m< right to continue using said equipment or Farts, replace me same wins summain.11y at but
rwninGnging equipment, or modify it sat it becomes noninGnging.
15, INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
rarivir or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
producer ur without liability.
16. GOVERNING LAW.
The definitions oftems used or the interpretation of she agreement and me rights of all ponies hereunder shall be
construed under and governed by the laws ofthe Sate ofColamdo, USA.
The following Additional Conditions apply only in cases where the Sella is m perform work haeunder,
including the servicesof Sellers Representtive(s), mi me premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall vary on said work at Sellers own risk until the mine is Silly completed and accepted, and stall,
in use of my accident, destruction or injury m the work andror materials befom Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Pmcbaztt. When materials
and equipment are Famished by others for installation or erection by the Seller, me Seller shall receive, friend,
store and handle same m the site and became responsible mention as though such materials godson equipment
were being famished by the Seller fader the order.
18. INSURANCE.
The Seller shall, in his own expense, provide far the payment of worker compensation, including occupadiowl
disease benefu, to its employees employed on or in connection wish the work covered by this pmchax order,
and/or to their dependant in accordance with the laws of the side in which she work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contributed and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,D00 for any
ecidem tad property damage limit per accident of S400,000. The Seller shall likewise require his
comadors, if any, to provide for such compamdion and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premiss of others, Ne Seller shall famish me purchnser wish a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. nae Seller agrees that such compensation and insurance stall be mainmined until site, the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mpomibil ity and liability for any and all damage, loss ar injury army kind
or nature whatsoever to persons or property caused by or resulting from me execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from anti against my and all claims, losses, damages.
charges or expenses, whether direct or indirect, and whether to pmar as or product, on which the Purchaser may
Fix, put or subject by reason of any ac4 action, neglect, omission or default on des pan of the Seller, any of his
contractors, or any of she Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agent or employees at any time on account or
by reason of any act, action, neglects omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employers as aforesaid, the Sella hereby agrees to assume the defense shereor and to
defend toe samr at the Sellers own care.. to pay any and all rooks, charges, attorneys fees and amer expenses,
any and all judgment Jot may be, incurred by or obtained against the Purchaser or any of its or their of son,
agent or employees in such suits or other proceedings, and in case judgment or order lien be, placed upon or
obtained agaiwnhe property of the Purchaser. or said parries in or as a molt of such suit or afar proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or omerwise. The Sella and
his convocmrs shall coke all safety prxautions, famish am install all guards necasasy, for the preveation of
accidents, comply with all laws and regulalioa wins regard m safely including, but without ]inflation, the
Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant ificam.
Revised 07/ 014