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HomeMy WebLinkAbout102596 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9111557City of Fort Collins PURCHASE ORDER Date: 03/15/2011 Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS Colorado 80527-0710 PO Number Page 9111557 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS Colorado 80521 Delivery Date: 03/15/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Ordered Unit Price Extended Price 2011 FORD EXPLORER 4wd Base 1 LOT LS 23,874.05 2 ' TOW PACKAGE per quote dated 3-12-11, Attn: Paul Phillips Dept: Water Prod uction/Watershed Fleet ID: QA494 Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins, CO 221-6613 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 570.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-MM587 is registered with the Collector of Fulure Tf the Purchaser to insist upon strict perfomtance of the temps and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). 'sere ise tiny rights or rcmcdics provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder or approval of the design, shall not release the Seller of Coeds Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warm tics or obligations of this purchase order and shall not be dcemed a waiver of tiny right of the damage in transit, may be reamed to you for credit and are not In be replaced except upon receipt of written Purchaser to insist upon strict performance hercofor any of its rights or rcmcdics as many such goods, rcgmdless instnretions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purpnned oral modifiemion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hc.f. Final Acceptance. Receipt of the merchandise, scrviccs or equipment in respoaae to this enter can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic m ice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proecdures, violations are in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any anti all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless required under federal or state antitrust Inns for such overcharges relating to the particular goods or .services otherwise specified on this order. If permission is given to prepay freight and charge scpxmtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most 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 parts of the country, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon 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 not illingress to comply, the Purchaser shipments am made From greater distance. may cause the work to be perforated by the must expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall pmcurc at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is pefomed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller hurter agrees to hold the City of Fort Collins hamiless from and against all liability and loss inclined by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All parties to this contract agree that the representatives are, in her. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complek shipment to arrive on your promised delivery date as noted. Time is of the "seeec. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance ofpanial laic deliveries. shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics, 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 reasonably foreseeable which arc beyond its reasonable control and without its fault ofacgligenee. such acts of God, acts ofcivil or military authorities, governmental priorities, 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 rcmivcd knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Scllcr warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, 'rill be fit for the Purposes intended. and Performed with the highest degree of care and competence in accordance with accepted standards far 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 Scllcrs breach ofwarranry. The Sellershill replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms Tracy applicable warranty provided by the Seller net the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Exccpt es otherwise provided in this purchase Trder, the Sellers I iabil iry hereunder shall extend to all damages presimatcly caused by the breach of any of the foregoing warranties or guarantees, but such liabil iry shall in no event include loss of Prefix or loss of use. NO I PI.I ED 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 changes to the terms. other than legal terms, including additions to or deletions from the gmntities editirially ordered in the specifieaions or dra.vinga, by verbal or written change order. If any such change affects the amount due or the time ofpaformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then nor shipped, subject to any equitable adjustment baween the panics 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 portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with map", to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect orevidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agreca to indemnify, and hold the Purchaser harmless From all costs and 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 any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr warrants full, dear and unrestricted title to the Purchaser for all cquipmcnt, materials and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall mle: to the Purchaser and it contractors of any lie, from all liability and claims of any nature ,c,ulling !ram the performance of etch work. 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 ofsuch parry. The Seller's contractual obligations, including worra ty, shall not be deemed to 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 Purchescr From any and all claims for infringement by reason of the use of such patemed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or afier the completion ofthe work. In case ,said equipment, or any pan thcreof 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, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans. replace the same with substantially equal but noninfringing equipment, or modify it so it bcaomcs noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditns. appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall he emmstmcd under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder, including the scrviccs of Sellers Rcpmscntxtive(s), on the prcmkses ofothcm. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's corn risk until the vac is fully completed and accepted, and shall, in ease of any accident, destruction car injury to the work and/or mmeriols before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for instillation or erection by the Seller, the Seller shall receive. unload, store and handle same at the site and become responsible therefor as though such materials and/or cquipmcnt were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/car to their dependents in accordance with the Imes ofthe state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability lowrvnee with bodily injury and death limits of at IeTo S300.000 for anv 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 provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work open the premises of others, the Seller shall hmmish the Purchaser with a ccrtificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificaes shall specify the dae-hen such compensainn and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until affer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire espersibiliry and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchescr and any car all of the Purchasers officers, agents and employees From and against any and all claims, losses, damages. charges car expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of tiny act, action, neglect, omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit car other Proceedings shall be brought against the Purchaser, or its offrcars, agents or employees at any lime on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of it or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the vme at the Scllcrs corn expense, to pay any and all costs. charges, attorneys fees and other expenses. any and all judgments that may be inconed by or obtained against the Purchaser or any of its or their officers. agents or employees in such snits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diwhmged by giving band 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 lairs and regulations with regard to safety including, but without limitation, the Occupational Safety and Hcalth Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 03/2010