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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9122759PURCHASE ORDER PO Number Page City OfCollins ��� 91-22759 1012 FortColl` I ns This number must appear �7 on all invoices, packing slips and labels. Date: 05/1412012 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 Delivery Date: 05/14/2012 Buyer: JAMES HUME Note: Replacement for 2729 Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 Ford F150 4x2 SCab 1 LOT LS 20,493.00 per 5-4-12 quote 2 2012 Ford F150 4x2 SCab 1 LOT LS 20,493.00 per 5-4-12 quote Attn: Paul Phillips Dept: Water Utilities Fleet ID: QA494 Deliver pickups & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 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 Total $40,986.00 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of F.d Collins is exempt fmm state and Incest taxes. Our Exempt inn Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-N)W597 is registered .with the Collector of Internal Revenue, Denver. Colnndn (Ref. Colorado Revised Statutes 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 transit, may be returned to you for credit and arc not to he replaced except upon receipt of written instructions fmm the City of Tom Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the P.mhrecr to insist upon strict performance of the Terms and conditnns hereof, failure Or delay to excrenc any rights or remedies provided herein or by law, failure in pmntptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder m approval of the deign, shall not release the Scllcr of any of the mammies or obligations Affix purchase order and shall not he deemed a waiver Afore right of the purchaser to insist upon strict performance In renforany of its rights or remedies as to any such gnnds, regardless of when shipped, received or occeped, is to any prior or subsequent default hereunder. nor shall any purpotted oral modification or rescission of this purchase role, by the Puehoscr Operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resperue to this nrder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mnhorized payment on the pan of the City of Fiat Collins. However, it is to be understood that FINAL. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable regnied 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 may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St_ FALL Collins. CO 90522. unless acquired Order federal or state antitrust lams far such overcharges relating to the particular goods or services otherwise specified on this order. If pemuision is given to Prepay freight and charge separately, the original freight purchased nr required by the Purchaser pursuant to this purchase order. bill must m anpany invoice. Additional charges for packing will not be Incepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manefachimm have distributing points in various Pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or drectiye goods by a dote to he agreed upon by the expected fmm the nenrcst distnbuuon point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perforated by the most expcditin is means available to it, and the Seller shall pav all costs associated with such is ork. Permits. Seller shall pressure it sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations Ordinances and rules of the state, municipality, territory at 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 harmless (rum and against all liability Ind Ins, inured by them by reason of an asserted or established violation of any such laws, regulatinns, ordinances, rules and requirements. Anthorization. All panics to this contract agree that the repmentztives me, in fact bona fide and possess fell and complete authonty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sited herein set fonh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different term and conditions prepased by.scller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make cnmplctc shipment to arrive on your promised delivery date as noted. Time is of the essence Deliver' and performance must be effected within the time stated on the purchase order and the documents attached hereto. No Its of the Parchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies the option ofplaeing 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 it fault of negligence. loch acts of God, acts ofcivil or military authonties, governmental prin hies, firs. strikes, flood epidcntles, wars or riots provided that notice of the conditions causing such delay is given to the Puehascr within fee (5) days of the time when the Seller first received knmyledge thcmo(. 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 ofthc delay. 3. WARRANT\'. The Seller warrants 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 pumseses intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ruturc. The Seller agrees to hold the purchaser harmles from any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of warm, my. The Server shall 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 cony be prescribed by Inv or by the terms of any applicable svamnty provided by the Seller after the date Of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting frnm inoperfect or defective wmk done nr materials famished by the Scllcr. Acceptance or use of goods by the Purchaser she 11 not constitute a wa ivcr of any claim under this wmmTty. E.xccpt as otherwise provided in this purchase order. the Sellers I inbi lily hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing wnrmatics or gaamntecs, but such liability shall in no event include loss of profits nr Ins, of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal toms, including additions In 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 duc Or the time of perfomanec hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to any Or all porlinns of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgres provided that the Purchaser shall not be liable for any claims for anticipated profits on the tmcnmpleted portion of the gads and/or work, for incidental or consequential damages and that no such adjustment he made in favor of the Seller with respect to any grad which arc the Sellers standard stock. No such termination shall relieve The Purchaser or the Seller of any of fl cirrobligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fern the date the change or termination is orkmd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been producer. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and rcgnditions required to he incorporated in agreements of this character are hereby incorpnated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcs fmm all costs and damages suffered by the Pumhaser 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 ninnies 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 Purchaser for all equipment, materials, and items finnished in performance of this agreement. free and clear of any and all liens, restrictions, resen:ations, security interest encumbrances and claims of olhes. The Seller shall release the Purchaser and its eanmaetors of any tier fmm all liability and claims Afore nature resulting fmm the performance ofsach work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRcen and employees of such party. The Seller', eonlrictuil obligations, including wamm y. shall not be deemed to be reduced, in any way. because such work is performed AT caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device. material or process coveral by letter. patent, trademark or copyright, the Seller shall indcmnifv rind save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, de-ice. materinl or process in connection with the contract, and shall indemnify the Purchaser Infamy cost, expense Or damage which it may be obliged to pay by reason of such infringement at any time during the proscution or after the completion of the work. In ease said equipment or any pan thereof or the intended use of the goods, is in such snit 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 Porchascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15.1NSOLVENCY. If the Seller shall hceontc insolvent or bonkmpt make nn assignment for the benefit of creddam. appoint a receiver or trustec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser w'ifl nal liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights off]] panics hereunder shall be eonsuucd under and gnvcom d by the Imes nfthc State of C.Imucn. USA. The following Additional Conditions apply only in cases where the Seller is to perfnrm w'nrk hereunder.including the service, of Scllcr Representative(,), on the premises efnthcrs. 17. SELLERS RESPONSIBILrTY. The Seller shall carry On said work at Seller's own risk until the same is fully completed and acecplcd, and shall, in ease of any accident destruction or injury At the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own cxpenu .and to the satisfaction of the Purchnscr. When materials and equipment are firnished by Others for installation or erection by the Seller. the Scllcr xhall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the odcr. 19. INSURANCE. The Seller shall. at his own expense, pmvidc for the payment of workers compensation. including occapationil disease bercfts. in is employees employed on 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 in be done. The Seller shall also carry comprehensive general liability including. her not limited to, contracmal and automobile public liability insurance with btdily injury and death limit of at least SSo4000 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 provide for such compensation and insurance. Befiane any of the Sellers or hip contractors employees shall do any wmk ,Pon the premises of ethers the Seller shall famish the Purchnscr with a certificate that such compensation and insurance have ban provided. Stich cenificates shall specify the date when such compensation and insurance have been provided. Such ecnlfieutes shall specify the date when such compensation and insumnec expires. The Scllcr 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 assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or more whatsoever to persons or properry caused by or resulting from the execution nfthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hnmdcss the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and ill claims, losses, damages, charges or expenses, Whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, reflect, omission or default on the pan of the Seller, any of his contractors. or any of The Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its Offices, agents Or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to a..nmc the defense thereof and to defend the same m the Sellers own expense. to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may he incurred by or obtained against the Pumhescr or any of its or their offices. 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 Purchaser. on -vial panics in Or as a result ofsuch suits or other pmccedings, the Sclier will at once cause the tunic to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the pm%cntion of accidents comply with all Imes and regulations with regard In safety including. but without limitation, the Occupational Safety and I lend, Act of 1970 and all mles and regulations issued pursuant thereto. Rcviscd 03/2010