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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9111317City of �,.F.�orrt Collins Date: 03/02/2011 PURCHASE ORDER Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS Colorado 80527-0710 PO Number Page 9111317 t of 2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 T 1,0b-?slI bs Delivery Date: 03/02/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2011 Ford F550 Reg Cab, 165" WB per quote dated 2-09-11, Attn: Paul Phillips Dept: Light & Power City contact: Jim Hume, 221-6776 Fleet ID: QA494 Deliver unit and title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 29,857.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcnns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAI VER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to iniu upon strict performance of the term and conditions hereoL failure or delay In Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or apPoWal of the design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due In failure to meet specifications. either when shipped or due to defec, of any of the wwmnties or obligations of this purchase order and .shall not be teamed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict Performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted as to any prior nr sabsegncut default hereunder, nor shall any powned am] modification or rescission of this purchase order by the Purchaser operate is a Waiver of any of the temps Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize than in ncutal economic Practice, murchnrges rcadtillg from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. 'theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it mov now have or hereafter Freight Terms. Shipments must be F.O.H.. City of ran Collins, 706 Wmxl St.. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemic ion is given to prepay (might and charge separately, the original freight purchased or acquired by the Purchaser Pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nnnennfrroung or defective goods by it date to he agreed ,pan by the expected from the nearest distribution point to destination, and excess freight Will be deducted from Invoice when Purchaser and the Seller. and the Seller thereafter indicates its inability or unmillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work in be performed by the most expeditious means available to it. and the Seller shall pay all eostt associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and odes 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 agrees to hold the City of Fort Collins hamlcc from and against all liability and loss damned by them by reason of an asserted or established violation of any such laws, regulations, ordinances. ales and requirements. Authomation. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereo or incorporated herein by reference. Any additional or different tans and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, wilhout limitation, acceptance ofpanial late deliveries. shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option of Placing 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 reasonably foreseeable which are beyond its reasonable cannot and without its fault of negligence. such ads of God, acts of civil or military anthorilics, gnvernmentnl priorities, rims, 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 Scllcr first received knowledge thereof. In the event of anv such delay, the date of delivery shall he cntcnded for the period equal to the time actually lost by mason ofthc delay. 3, WARRANTY. The Seller wamnts that all goods, anicics. 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 cam and competence in accordance with ICCCPICd standards for Work of a similar nature. The Seller agrees to hold the purchaser harmless 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 rooks, good, without cost to the pmchnseq any defects or faults arising within one (O year or within such longer perind of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or detective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass ofpmfits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by Written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any chances to the Icon, other than legal terms, including additions to or deletions from the quantities originally orzlcred in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfoman x, hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by aTitten change order, terminate this agreement as to any or all portions of the good, then not shipped. subject to any equitable adjustment bctwucn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Iranian of the good, andlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall rdicve the Purchaser or the Seller of anv of their obligations as m any gtwds delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be as,ened within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and fornished in strict compliance with all applicable law:, and regulations to Which the gods arc subject. The Seller shall execute and deliver such drau ocats as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement, of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all en, and damages suffered by the Purchaser as a result of the Seller, failure to comply with such law. 9. ASSIGNMENT. Ncithn party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior Written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear ofany and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contmetnn of any tier from all liability and claims ofxny nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. Wficem and employees ofctmh party. The Scllcr', contractual obligations. including wamnty, shall not be deemed In be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS, Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from nnv and all claims for infringement by ma on of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser fortify cost, 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 pan thereof m the intended use of the goods, is in such suit held to eonatinec infringement and the use of mid equipment or pan is enjoined. the Seller shall, at its own expense and it its option, either procure for the Purchaser the right to continue using said equipment or pans. replace the sonic with subsnnlinlly equal but noninfringing equipment or modify it so it heroines onninfringing. 15. INSOLVENCY. If the Seller ,shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trvstce for any of the 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 interpretation of the agreement and the rights ofali panics hcrcundcr shall be constmcd under and governed by the Imes of lay Stale of Colorado. USA. The following Addilined Condition, apply only in cases where the Seller is to perform work hcrcundcr, including the services of Sellers ReprescntatWcp L on the premises ofmhcu, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Seller's own risk until the same is filly completed and accepted, and shall, in case of any accident destruction or injury to the Work maker materials befog Sellers Final completion and acceptance, complete the work at Sellers tern expense and to the satisfnainn ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle sonic at the site and became responsible therefor as though such materials and/or equipment were being fiimi,shed by the Seller under the order. 18. INSURANCE. The Seller shall, of his men c,xpcnsc, provide for the payment of Workers compensation, including occupational disease benefits, to it, employee, employed an or in connection with the work covered by this Purchase order. and/or to their dependents in accordance n'ith the lazes of the state in Which the work is to be done The Seller shall also entry comprehensive Ecneml liability including, but not limited to, enntmcual and automobile public liability insuaact, with bodily injury and death limits ofin (cast S3KWO for any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to pmvide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any Work upon the premises of others, the Seller shall famish the Purchaser With a certificate that such compensation and insurance have been pmvidcd Such certificates shall specify the date When such enmpensmion and insurance have been provided. Such certificates shall specify the date When such eompeasnlimn and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire Work is compleed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby assumes the entire respnnsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever in persons or pmpeny caused by or resulting fmm the execution ofthc Work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdcss the Purchaser and any or 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 pmperty to Which the Purchaser may be put or subject by reason of any act, action, neglect. omission or dcfaill on the part of the Scllcr, any of his contractor,, or any of the Sellers or contractors officers, agents err cmployccs. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees an any time on account or by reason of any act, action, neglect, maksion or default of the Seller of ony of his contractors or any of its or their officers. agents or employees ns aforesaid, the Scllcr hereby agrees to assume the defense fl cremf and to defend the same at life Sellers own expense. In ryry any and all costs, charges. attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchase,, or said panics in or as a result of such suits further proceedings, the Seller Will at once cause the same to he die oh'ed and discharged by giving bond or mhcnvisc. The Seller and his contractors shall take of safety preealion,s, famish and install all gnnnds necessary for the prevention of occident,, comply With all laws and regulations With regard to safety including, but without himilmimn, the Occupational Safety and Ilcalth Act of 1970 and all odes and regulations issued pursuant therein. Revised 0312010