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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9122758PURCHASE ORDER PO Number Page City Of 9122758 1 of 2 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/14/2012 Vendor: 102586 Ship To: WATER UTILITIES SPRADLEY BARR FORD INC CITY OF FORT COLLINS PO BOX 270710 700 WOOD ST FORT COLLINS Colorado 80527-0710 FORT COLLINS Colorado 80521 �a/,�: )Xb - ft► I Pnzj FhI,/I p- Delivery Date: 05/14/20 2 Buyer: JAMES HUME Note: replacement for 2207 & 2228 Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Ford F550 4x4 ChasC 1 LOT LS 36,365.00 per 5-1-12 quote Attn: Paul Phillips Dept: Water Utilities Fleet ID: OA494 Deliver chassis & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 Total $36,365.00 C3. O✓ls-�sSLs� 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcnns and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stafc and local sizes. Our Excmptinn Number is 9R-(W502. Federal Excise Tax ExemPtino Cenificate of Registry R4-(AM587 is registered with the Collector Of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet speciftenlions. either ashen shipped or due to defects of damngc in transit, may be returned to you for credit and are not to be replaced cxeept upon receipt of written instructions farm the City of Fort Collins. Inspection. GOODS arc subjem to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure Of the Purchaser In insist upnn strict performance nfthe Terms and conditions hereof, failure or delav to exercise any rights or remalies provided herein or by Imc. Endue to Promptly notify the Seller in the event of a branch, the acceptance of Or payment for goods hereunder of approval of the design, shall not release the Seller of any of the warranties or obligations of this purchnsc onler and shall not be dccmcd a %% ivcr of any right of the purchaser to insist upon strict performance Immufor any of its rights or remedies as to any such gornls, regardless Of when shipped, received err accepted, as in any prior or subsequent default hcrcnndcr, nor shall any pnrponed col modification or reseis,ion of this purchase order by the Patch ascr operate as a waiver of any of the terms hereof. Final Acceptance Reccipt Of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment no the pan of the City of Fort Collins. Hoover. it is to he underztood that FINAL. Seller and the Parchascr recognize that in actual cenummic practice. overcharges resulting foam antitrust ACCEPTANCE is dependent upon completion nfall applicable required inspection Procedures. violations arc in fact home by the Purchaser. Therelnfam, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereancr Freight Terms. Shipments must be F.O.R., City of Fort Collins, 70K) Wool St., Fnn Collins, CO 90522. unless acquired under federal Or Into antitrust Imes for .such overcharges relating to the pn ticalf, goods or services otherwise specified on this order. If Permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, bill must accompany invoice Additional charge, for packing will no, he accepted. 13, PURCI IASERS PERFORMANCE OF SELI.FRS OBLIGATIONS. Shipment Distance. Where msnufncturors hoc distributing points in various pans of the country, shipnnnt is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight .will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to he performed by the most cspulitinos means available to it, and the Seiler slmll pay all costs associated with such is Pursuits. Seiler shall Parente, at sellers sole cost all necessary pcmits, ccnificates and licenses required by all applicable laws. regulations. ordinances and talcs of the state, municipality, territory or Political subdivision whue the work is perfumed, or required by nay other duly constituted Public authority having jurisdiction over the work of vmdor. Seller funhcr agrees to hold the City of Four Collins hamrleca fmm and against all liability and Inns inuumd by them by rca on of an asserted err established vinlation of any such laws, regulations, ordinances. odes and reauiremcnts. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and Possess full and complete authority to bind ,said panics. LIMITATION OF TERMS. This Pamba,e Older expressly limits acceptance to the em, and conditions stated herein set forth and any supplementary or additional turf, and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejedc 1. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedime1v if you cannot make complete shipment to antic on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents ma.flu l hereto. No acts of the Purchasers including, is ithmn limitation, acceptance ofpanial late delheries, shall operate as a waiver of this Provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the Option ofplacing this order d.wrvhcrc and holding the Seller liable for damages. Ilowr%cr. 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 Of negligence. such acts of God. acts nfcivil or mil itary nutbull ties. governmental prionfics, foes, strikes, flood, gridemies. Ours or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days nfthc time when the Seller first rcccivcd knmvledge thereof. In the event Of any such delay. the date of dcliscry shall he extended for the Period equal to the time actually lost by reason of the delay. i. WARRANTY. The Seller xsamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, spceifiwtione, samples andlor other descriptions given. will be ftt for the purposes intended, and performed with the highest degree of trim and competence in accordance with accepted standards for work of n 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 wamnty. The Seller shall replace. repair or make good, without cost to the purchase, any defect or fault arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns ofany applicable wamaty pmvided by the Scllcr after the date of .acceptance of the goods banished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this w:amnfy. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall emend to all damages proximately caused by the breach of any of the foregoing warromics or guarantees, but such liability shall in no event include loss of profits or doss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puchaser may make any changes to the Isms, other than legal tans, including additions to or deletions firm the quantities originally ordered in the speeificatian, or drawings, by verbal er wrinen change order If Tiny such change affects the amonat (life or the time of perfomrance hereunder. an cquinble adjustment shall be made. 6. TERMINATIONS_ The Purchaser may at any time by written change order, terminate this agreement as to any or ell portions M'tllc goods then not shipped, subject many equitable adjustment between the panics as to any work or materials then in progress provided that the Parchascr shall ram be liable for any claims for anticipated profits on the omcampleted portion of the enceb, andlor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mormarthur shall relieve the Purchaser or the Seller of any of their Obligations as to any grouts delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adnstment must be nssened within thirty (30) days foam the date the change or terminminn is ordered. S. COMPLIANCE WITH LAW. The Scllcr warrant that all goods sold hereunder shall have hecn produced. sold delivered and furfished in strict compliance with at applfeeble laws and regrdations to.which the goods are subject. The Scllet shall execute and del ivcr such documents as env be Tern ired to effect or evi dance compliance. All laws and rcl.v latioms required to be incorporated in agreements of this character are hereby incorparnod herein by this re, Rennes. The Seiler agrees to indemnify and hold the Purchaser hnmless From all crxts and damages sit Racd by the Purchaser as a result of the Sells, to i lure to comply with such lam. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order or any monies due of to become due hereunder without the prior is rumn consent of the other party. 10. TITLE. The Seller wa mots full, clear and unrestricted title to the To abuser for all can ipment materia is and items famished in performance of this agreement free and clear of may and It liens, restrictions, rescrvmions, scauiry interest encumbrances and claims of mhos. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfnmanee of such work. This relese shall apply even in the event of fault of negligence of the party released and shall extend to the dimchim. officers and cmlplovecs of such party. The Scllcr', wntracnnd obligations, including wxmity. shall not he deemed to be reduced, in any s, av, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, device, material or,ame, covered by letter, patent, trademark ar copyright, the Seller shall indemnify and save hmmlesc the Purchaser fmm any and all claims for infringement 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 err dannge which it maybe obliged to pay by reason ofsuch infringement at any time during the Prosecution or a0er the completion of the work. In case said equipment of any pan thercnf 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 notion. either pme,re for the Parchascr the right In continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment or mndify it .so it becomes nnninfringing. 15. 1NSOLVENCY. If the Seller shall become insolvent err bankrupt, make ern assignment for the benefit of creditors, appoint a receiver or trowme for any of the Sellers propcny or basins, this order may forthwith be canceled by the Purchaser villumn liability. Is. GOVERNING LAW. The definitions ofounis used or the interpretation ofthe agrccmem and the rights a full panics hereunder shall be consumed under and governed by the Incas ofthe Slalc of Colorado, USA. The following Additional Conditions apply with, in eases where the Seller is to perform work hereunder. including the services of Sellers Rcprcscatalivc(,). on the premises ofothers. 17. SELLERS Rf_SPONSII111ITY. The Seller shall cam no said work rat Shcet, awn risk until the came is fully completed and accepted, nod shall, in case affray necidcat, daufachan or injury to the work andlor materials before Seller's final completion and acceptmcc, complete the work at Seller's own expense and to the smisfirwarn of the Purchaser. When materials and equipment arc furfished by others for installation or erection by the Seller, the Scllcr shall ruche, unload. store and handle sans at the site and become responsible therefor as though such materials and/err equipment were being furnished by the Seller under the mobs IR. INSURANCF_ The Seller shall, at his min cxpcnsc. provide for the payment mf workers compensation, including occupational disease bcncft,. to it, employees enuplOycd on or in connection with the work covered by this purchase nolu. andlor to their dependents in accordance with the lars oflhc state in which the .work is to be done. The Seller shall also carry comprehensive general liability including, bill not limited to. contractual and automobile Public liability insurance s,ilb brulily injury and death limits of rat ;cast S300.000 for any one Person. S560.000 for any one accident and property damage limit per accident of S400.0MO. The Scllcr shall likem'isc require his contractors, it my, to provide for such conmensm ion and insurance. Before any of the Scllcr, or his contractors employees shall do any work ,Pon the premise, Of others, the Seller shill famish the Parchascr with a eenificme that such compensation and insunance have been prmided. Stich ecrtificntc shall specify the date when such compensation amd imurrowe have been provided. Such ecrifieams shall specif the date when such compensation and insurance expircs.'I'he Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for any awl all damage Inns or injury of any kind or nature ishat.la c,cr to persons or property caused by or rcsullirag Form the execution of the work pmvided for in this Purchase order or io connection herewilh. The Seller will indemnify and hold harmless the Parchascr and any or all of the Purchasers oRecrs. agents and employees fmm and against any and all claims losses. damages, charges or cxpcnsc,, whether direct Or indirect, and whether to person., or property to which the Purchaser any be put Or sabicef by reason of any act, action, neglect omission or defnnit on the part of the Seller, any of his emttradors, or any of the Sellers or contractors oRecrs, agents err employ..,. ht case any suit or other pmccedings shall be brought agninsl the Purchaser. ,r its oficers, agents Or enTdOyces at any time ern account err by reason of any act action, neglect, emission or default of f is Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid. the Scllcr hereby agrees to assume the defense thereof and to defend the ,,are an the Scllcrs own cxpcnsc, to Pay any and all crisis, charges, anomgs fees and other expenses. any and all judgments that may be inanrcd 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 pmperty of the Parchascr. Or said parties in err IT, if mull Ofsnch snits err Other proceedings. the Scllcr will at once cause the same to be di,sohed and di,cla rged by giving band or ofhcrvisc. The Seller and his contractors shall Inks all safety precautions, furnish and install all guards necessary for the prevention Of accidents, comply wilh all laws and regulation, wilh regard to safety including. burl wilhmn limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued ryusorm therma. Revi,cd 03/2010