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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9123105PURCHASE ORDER PO Number Page City Of///��� 9123105 1 of z t Collins This number must appear on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS Colorado 80527-0710 Ship To: NATURAL RESOURCES A CITY OF FORT COLLINS 200 W. MOUNTAIN FORT COLLINS Colorado 80521 Delivery Date: 05/24/2012 Buyer: JAMES HUME Note: Replacements for 2509 and 2463 Line Description Quantity UOM Unit Price Extended Ordered Price 1 2 - F-350 Supercrew CC 1 LOT LS 58,590.00 per 5-11-12 quote Attn: Paul Phillips Fleet ID: QA494 Dept: Natural Areas Deliver vehicles 8 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ff Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fort Collins is exempt from shinned local taxo.Oar Exemption Number is 11. NONWAIVER. 99-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6600557 is rcgi.mcred wilh the Collector of Failure of the Pu¢hascr, to insist neon strict performance ofthe terms and conditions hennf failure or delay to Integral Revenue. Denver. Colorado (Ref. Colorado Recited Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach, the acceptance for payment for goods hereunder or approval ofthc design. shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or disc to defects of any of the oumalics or obligations of Ibis purchase order and shall not he decnmd a w;aivcr of any right of the damage in transit may he returned to you for credit and are not to be replaced except Opole receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as many such goods. regardless instructions from the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported coal modification 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 arival. hereof. Final Acceptance Receipt of the mcmhandisc. .services or equipment in resNnse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. antho land payment on the part of the City of Fort Collins However. it is to be undena nd that FINAL Seller and the Purchaser recognize del in nenml economic practice. Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion fall applicable required inspection p weedures. 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 Fen Collins, 700 Wood Sr. Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for .such overcharges refuting to the particular goods or services omenwixe 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 order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where martufacmrcm have distributing points in various parts of the country, shipment),; Ifthc Purchaser directs the Seller to correct nonconforming or defective goods bya date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice whim Purchaser and the Scller. and the Seller thercaft r indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perfomwd by the most expeditions means available to it and the Seller shall pay all costs associated with such work. Pemit. Seller shall presence at sellers sole cost all nttenary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is pnfamrd. or required by any other duly eon9imucd public authority having jurisdiction over the work of vendor. Seller fimher agrccs to hold the City of Fan Collins hamdcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this concoct agree that the representatives are. in fact. bona fide and possess fill] and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms nil conditions stated herein set forth and any supplementary or additional more, and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on yin premised delivery date as noted. Time is of the essence. Delivery and PMormance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ufpanial Imc ddivcrfes, shall opemm as a waiver of this prevision. In the event of env dclay. the Purchaser shall have, in addition w other Iegal 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 nut reasonably foreseeable which arc beyond its reasonable control and without its fault ofacgligcacc. such acts of God, acts of civil or milimry authorities, govemmental priorities, fires, strikes, need, epidemics, s,ars or rims 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 received knowledge thereof, In the event of flay such delay, the date of ddivay Mond] be extended for the perind equal to hhc time actually lost by reason ofthe delay. 3. WARRANTY. The Seller worants that all gobs, articles. materials and Birk covered by this order will conform with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfommed with the highest degree of care and competence in accordance with accepted standards for work of a .similar colors. The Seller agrees to hold the purchaser hamilcss from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair Or make good. within cos, to the purchaser, any defcds or fault arising within one (I) year or within such longer period of time as may he prescribed by Imc or by the now, of any applicable wamnty provided by the Seger aver the date of acceptance of the gads, famished hereunder (aeecplanec net to be unreasonably delayed), fesulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchnscr shall not constitute a waiver ofany claim under this wantonly. Except as otherwise provided in this purchase Oder, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofanv of the foregoing sammntics or guarantees, hit such liability shall in no event include loss (profits or loss Of use. NO IMPLIED WARRAN'r1' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchnscr may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tern,, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or onticn change outer. If any such change affects the amount due or the time of pefomance hereunder, as equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goockc then not shipped, subject to any equitable adjustment bowren the panics as to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims for anncip hol profits on the uncompleted portion ofthe goods and/or Work, for incidental or consequential damages, and that no such adjustment he made in favor Of the Seller with respect funny grad which are the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller afore of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assorted within thirty (30) days from the date the change or termination is Ondercd. S. COMPLIANCE WITH LAW. The Seller wurmms that all good sold hcrcunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser hamdcss from all costs and damages suffered by the Purchaser as a result ofthe Scllcrs failure m comply with such law. 9. ASSIGNMENT. Neither party, shall assign. transfer, or convey this order, or any monies due at to become due hereunder without the prim written consent ofthe other parry. 10. TITLE;. The Seller warranty full, clear and unrestricted title to the Purchnscr for all equipment materials, and items Famished in perfommnncc of this agreement free and elan of any and all liens, restrictions, rescreatlons security interest enenmbmnees and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the perfomnncc of such work. This release shall apply even in the ocnt of fault of negligence of the party relented and shall emend to the directors, Officers and cmpinyce, of inch ,any. The Seller's contractual obligations, including warranty, shall not he deemed to he reduced, in any way, because such work is performed or caused In be performed by the Purchaser. 14. PATENTS. %%'honest the Seller is required to use any design, do ice. material or process covered by letter. patent, trademark or copyright the Seller shall indemnify and save harm less the Purchaser from 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 or damage which it may be obliged to pay by reason of such infringement of any time during the pmscanion or liner the completion o(the work. In case said equipment or any pan theeof m the intended use Of the grads, 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 on modify, it se it luoumcs anninfringing. 15. INSOLVENCY. If the Scllcr shall becornc insolvent or ransoms. make an assignment for the heneftt of creditors. appoint a receiver or musics, for any of the Sellers property or business. this order may forthwith he ea relcd by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consumed undersold governed by the laws ofthe State ol-Co]orade USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder, including the services of Sellers Representative(s). on the promises Ofothers. 17. SELLERS RESPONSIBILI"TY. The Seiler shall cam on said work it Seller's own risk until the same is fully completed and accepted. and shall, in ease of am accident, destruction or injury to the work and(or materials before Scllcrs final completion and acceptance, complete the work it Scllcr, own expense and to the satisfaction Of the Purchaser, When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the silt and become responsible fl ciefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease bcnc tits to its employees employed on or in connection with the work covcml by this purchase order. and/or to their dependents in nomdance will, the laws of the .state in which the work is to he done The Seller shall also tarty comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300d0) for any one person, S500,001) for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any. to povide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises ofothers. the Seller shall furnish the Purchaser with a certificate that such compy smion and insurance have been provided. Such certificates shall specify the date when such compensation and insumnee have been provided. Such certificates shall specify the date when such compensation and insurance expires The 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 assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature w nftsuevcr to persons or property canted by or resulting from the eseendon ofthe work Flm,uf,d for in this purchase order or in connection Into, ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers of icerx, agents and employees from and against any and Olt claims, losses, damages, charges or expenses w other direct or indirect and whether to persons or pmpetty to which the Purchaser may be put or subject by reason of any net, ncion. neglect omission or default on the part of the Seller, any of his comments, or any of the Scllcrs or contractors officers, agents of employees In case any suit or other proceedings shall he bought against the Purchases. or its officers, agents or employees at any time on account or by reason of env act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their ofc,n. agent or employees as aforec id, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay 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 pmeecdings, 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 ofsmh suits Or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or mhcreise. The Seller and his con", ctors shall lake all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bill without limitation, the Occupational Safety mad Health Act of 1970 and all roles and regulations issued pumiam thereto. Revised 03/2010