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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9141668Fort Collins Date: 03/20/2014 Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS CO 80527-0710 PURCHASE ORDER PO Number Page 9141668 1of3 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 03/20/2014 Buyer: DOUG CLAPP Note: stae bid/ quote replaces unit # 22008 Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 F150 R/C 4x4 1/2 Ton, 4x4, SWB Pickup per quote dated 3/19/14 from Paul Phillips 2014 F150 4x4 R/C 100A Equip Group trailer tow pkg - $375 fog lamps - $140 tailgate step - $375 Trl brake contr - $230 Rearview camera - $450 Rev sensing sys - $275 Power equip grip, - $950 - pwr mirror Day run lights - $115 Spray in Liner - $475 eng blk heater - 90 extra key - included total $ = $24,165.00 Dept: Streets contact: Ian or Eric oh# 970-221-6613 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 1 LOT LS 24,165.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 130 PURCHASE ORDER 914166er Page Clty, Of 9141668 2 of 3 ' `t Collins This number must appear V 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Deliver title and documents to: Fleet Services Shop 906 W Vine City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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: 165.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rehase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAIIS. Tax exemptions. By image the City of Fort Collins is exempt fiom state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with Om Call,.., of Internal Revenue, Denver, Colorado (Ref. Colorado Revised StaNtes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de ants of damage as wnsih may M resumed to you for credit and are Out to be replaced except upon receipt of written restrictions floor the City of Fort Collins. hopectio.. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, se or equipment in response to this order canresult in amhmzed payment on the part of the City of Fort Collins. However, it is to be understand that FINAL ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures. Freight Terms. Shipments cam, M F.O.B., City of Fall Cold., 700 Wood Sr. Fort Collins. CO 80522, unless otherwise aracified on this omer. If permission u given to prepay freight and charge separately. the original fight bill most arcom emy invoice. Additional charges for pocking will not M scceptaL Shipment Distance. Where manufacturers have duaribming points in sat us parts of he country, shipment is expected farm the nearest dlsai ouromn point 1. destination and excess fright will be deducted from ].voice when shipments am made Dons greater distance. Permits. Seller shall procure at sellers sale cost all mav,,.ry permits, certificates and lwears. required by all applicable laws, regulation, oNinam. and rules of the scam, municipalily, mmtory or political subdivision where the work is peefoemd, of requiem by any other daly constituted public mulamity, having judvliction over the work of vendor. Seller further agrees to hold the City of Fort Collow harmless from and against all liability and lass balanced by them by ..a of an asserted or establif ed violation of any such ]ass, regulation, oabinnces, If. and requirements. Authorization. All all f this informal agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions sorted herein sat forth and any supplementary or additional woman and conditions annexed hereto or incorporated herein by reference. Any additional or diferent terms and conditions proposed by surlier are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to cerise on your promised delivery data is noted. Time is of the essence. Delivery and performance must be effected within the time stored on the purchase order and the documents attached hereto. No .,is of the Purchasers including, without limitation, acceptance torrential late deliveries, shall Operate as a waiver Of this provision. In the event of any delay, the Purehner shall have, in addition to other legal and equitable remedial, the option of placing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages rs a result efdelays due to causes not seasonably foresreable which are beyond its reawurble central and without its fault of negligence, such acts ofGd, acts ofci,i or military a rflumitia, governmental priorilies, Tres, strikes, flood, epidemic, wars no mors Provided fat notice of the conditions caning such delay u given to the purchaser within five (5) days of the time when be Seller first received knowledge thereof In be event of any such delay, the date of dd ivery shall M extcndd for be period equal to the time actually lost by reams of the delay. 3. WARRANTY. The Seller warrants that till good, articles, materials and work coverall by this order will comes. with applicable drawings, specifications, samples and/or .,he, description given, will M fit for fie purposes imended and Performed wit the highest degree of care and competence in accordance wish accepted smdeds for work of a similar name. The Seller agrees to Mid the purchaser hmtnl.s from any loss, damage or expense which be Purchaser may suR at incur on account of fie Sellers breach of wafranty. The Seller shall replace, reran or make Road, without cast to be purchaser. any beliefs or faults arising within on (1) year or within such longer period of time as may be prescribed by law or by be terms of my applicable warranty provided by the Seller after be date of acceptance of the goods furnished hereunder (acceptance not be unreasonably delayed), resulting form imperfect or dametwe walk done or materials fmished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as Otherwise provided 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 loss affinities or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes or legal corms by wi ten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes to the lane, other than legal came, including additions to or deletions from the quantities ongimally ordered in be specifications or drawings, by verbal or unman change Omer. If any such change affects be amour due or the time wFurfoemame haeander, an maimble adjustment shall Ire made. 6. TERMINATIONS. The Purchaser may at any time by umber change order, terminate this agreement as to any or all Random of the goods then not shipped, subject to any equitable adjustment becwecn the parties as to any work or matmahs than n progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good under work, for incidental or consequential damages, and that no such adjustment M come in favor office Seller with respect to any goods which arc the Sellers standard slink. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for mjntment most M asserted within thirty (30) days from be date fie change or temriaation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishd in stria compliance with all applicable laws and regulatiuto which the grams am subject The Seller shall execute and m efver such documents as may M pa aired to meet or evidence compliance. All laws and regulations required to be incorporated in agreements of Jds character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and Mid the Pmchmer hatml.s from all cashand damages suffered by be Purchaser as a result of the Sellers failure to comply with such be. 9. ASSIGNMENT. Neither party shall assign, harnfee, or convey this cable, or any monies due or to become due hereunder without the prior wrinen anent ofthe other parry. 10. TITLE. The Sellef worms full, clear and uraesmaed title to be Purchase for all equipment, nutenals, and items furnished in performance of this agreement, have and clew of any and all lien, restrictions, reservations, saurity interest ,corroborate. and claims of others I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hater, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly nolify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not M deemed a waiver of any right of the purchaser I. insist upon strict performance hereofar any of its rights or remedies as to any such gooi regardless of when shipped, received or accepted as to any Our or subsaDi nt default hereunder, nor shall any purposed oral codification or rescission of this purchase order by IM Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual turnouts, practice, overcharges resulting from amiuust violations are in fact home by the Purchase,. Theretofore,forr good cause and as consideration for execming this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter nominal more federal or scale formed laws for such overcharges relating to the particular good or services purchased or acquired by the Purcfner pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller 10 correct nonconforming or defective goods by o date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may iucw the work pa be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party relented and shall extend to the directors, officers and employees of such party. The Seller's offs seal obligations, including warranty shall not be Jeered to be rduced in any way, because such work is performed or courted to be performed by the Purcha a, 14. PATENTS. Whenever the Seller is required to use any design, device, mmmal orplocess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless be Purchaser from any and all claims for infringement by crown of the sex of such patented design, device, material or process in connection with be moracL and shall indemnity the Purchaser for any own, 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 or the moseld use of the good, is in such suit held to constitute infringement and the me of said equipment or pan is nyoined, 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 Nor but noninfdnging equipment, or modify a an it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment far be benefit of creditors, appoint e receiver or course for any of be Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofteme used or the truerpremben of the agreement and the rights cf all penies hereunder shall be construed under and governed by the laws offer State of Colorado, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including be sm'ic. of Sellers Rapresemfiro(s), an f<prtmh. ofothers. 12. SELLERS RESPONSIBILITY. The Seller shall tarty, on said work or Scheh own risk until the same is fully coorplad and uncapped, and shall, in case of any accident, destruction or injury to the work ardor materials befam Seller's final completion and acceptance, enrapture the work at Senses own expense and to the satisfaction of the Purchaser. When materials .it equipment are framed by others far installation or erection by be Seller, the Seller shall receive, unload store and handle same at the site and become respomible therefor as though such materials andlm equipment Wert being famished by the Seller under be orde. 18. INSURANCE. The Seller shall, at his awn expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed on of in connection with be work covered by this purchase order, andler to their depende ors in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, cummctml and automobile public liability insurance with bodily injury and &sib limits .fat least $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of Sa00,000. The Seller shall likewise require his contactors, Harty, to provide for such compensation and insurance. Before any ofthe Sellers or his contrurors employees shall do any work upon the premises of ofrn. be Seller shall famish the Purchases with a certlficum Jut such compensation and insurance have been provided. Such cesificarm shall specify the date when such compensation and insurance have been provided. Such certificates shall specify fie date when such compemation and imurn e, expires. The Seller agmea than such compensation aM 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 whomever to persons or property caused by or resulting hum to execution offe work provided for in this purchase order or in connection herewith. The Seller will indemnify ad bold Formless the Purchaser and any or all of be Purchasers effluent, fr m. and employees floor am sgairst any and all claims, losses, damages, Choi or expenses, whether direct or redirect, and whether to persons or property to which be Purchaser may M pm or subject by rewn of any ear, action, neglect, omission or default on the For of the Seller, any of his contractors, or any of the Sahara or contmcmrs officers, agents or employms In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account or by reason of any act, action, neglect, omission or defeat of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the came at tM Sellers awn expeme, of pay any and all cane, chug., attomeys fees and be, expenses, any and all jmgmmm that may be incurred by or obtained against be purchaser or any of its or Neir officers, agents or employees an such soils or ohet proceedings, end re case judgment or other lien b, placed upon or obtained against be property ofthe Purchaser, or said pries in eras a result of such suits or other proceedings, the Seller will at once cause the same to M dissolved and discharged by giving Wind or otherwise. The Seller and his contractors shall take all safety precautions, furnish and infll all guard necessary for be prevention of accidents, comply with all laws and mgulatians with regard to safety including, bun without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuannhereto. Revised (On(HO