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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9142545of Fort Collins Date: 05/07/2014 Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS CO 80527-0710 PURCHASE ORDER PO Number Page 9142545 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/06/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase quote Replaces unit# 2490 Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Ford F350 4x2 Chassis 141" WB DRW XL reference quote #7777 dated 4/24/14 per Paul Phillips includes 3rd key Dept: Parks Deliver vehicle and title documents to: Fleet Services Shop 906 W. Vine Fort C011ins, CO 80521 contact: Ian or Eric ph# 970-221-6613 i�j;I^d f 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 i�SiS��c1 24,969.00 Total $24,969.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rider Terms and Conditions Page 2 Of 2 L COMMERCIALDETARS. Tax exemptions. By statute the City of Fart Collins is exempt from were and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cedi leme of Registry 84-6000587 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 men specifications, either whom shipped or du, to defects of damage in tmnsil, may he minimal in you for credit and are not w he replattd except upon receipt of women instructions form the City of Fon Collins. Inspection. GOODS are subject w the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this coder can result ul arhodsd p,mml nn the pan of the City of pan Collins. However, it is to be understood Ikit FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight To.. Shipments mum he F.O.R, City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless otherwise specified oa this order. Ifpemission is given to pmpay freight and charge separatel, the arigivl freight bill most ncmmyany involve. Additional changes for packing will not be aceepded. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected form the neared distribution point to destination, and excess freight will be deducted from Invoice when shipments are mode from greater distance. Pernits. Seller shall mcare at sellers aole cost all necessary permits, cenifiwtes and lice.es required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, tomboy or Political subdivision where the work is performed, or required by any other duly concha ded public suthorty h-vingjurisdlction over the work of vendor. Sella furthe, agrees to hold the City of Fiat Collins harmless from and against all liability and loss noumd by them by reason of an assured or established violation of any such laws, regulin ors, War., tales and resumption.. Authorization. All parties to this contract agree that the representatives at, in Joe,, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expre.ly limits acceptance to the terms and conditions stated here. -e1 form and any supplememoy or additional temp and conditions annexed hereto or incorporated herein by reference. Any additional or diRerent arms and republic. proposed by seller are objected b and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tf you cannot make complee shipment to arrive on your promised delivery date as poled Time is of the essence Delivery and performance met be, officN within the Yee srtN on the porch u order and the documents mtached here.. No acts of he P-cheers imluding, withmit limietirn acceptance of ptrtial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to .,he, legal and equitable remedies, the option of placing this coder elsewhere and holding the Soler liable for damages. However, the Seller skill not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable around and without its fault of negligence, such ere of God, arts ofeivil or military authorities, gmanmcuel priorities, James, stakes, Rood, epidemics, wars or riots provided Out notice of the conditions among such delay is given to the Purchase within five (5) days of the Yore when the Stile find received knowledge thaneof. In the event of any such delay, the date of delivery shalt he extended for the period equal a the lime actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will court— with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the Purchaser may sulfa or incur on account of Ne Sellers breach of w.maty. The Sella shall replace, repair or make good, without cast to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be, prescriber! by law an by the termms of any applicable waranty provided by the Sella after the date of acceptance of the good famished hereunder (acceptance not w be .re .1fily delayed), resulting from enforce, or defective work done or materials famished 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 m all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHAWABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERI The Purcha may make changes to legal terms bywomar change Won. 5. CHANGES IN COMMERCIAL TERMS. The Purcb.er may make any changes to the lams ether than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change orb. If any such change affcet the amount due or the time of performance herermlia, an equitable adjustmem shall be made. fi. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all uniform of the goods Nan not shipped, subject to any equitable adjustment between the panics as or any work or materials then in progress provided Thad he Purchaser shall not be liable far any claims for anticipated profits oa ode unoompleted portion of ode goads aa&., work, for incident.] or consequential damages, arm the no such adj.tmen, be made N favor of the Seller wiN respect m any goods which am the Sellers standard stock. No such arminmion shall relieve the Purchaser or the Seller of any oftheir obligations. to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim far ud murnow most be .sorted within thirty (30) days form the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller waments that all good sold hereunder shall have been produced, said, delivered and filmishcd in strict eompliance with all applicable laws and regulations do which the good am subject. The Sell,, shall ,saute and defivor such documents as may be required to effect or evidence compliance. All laws and regulations required to be caryomted in agreements of this character we hereby incoryomled herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as. result rf,h, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, tn.fer, or convey this order, or any monies due or to become due hereunder wilheut the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mmenals, and tams famished in performance of this agreement, free and clear of any and all liens, restrictions, reservaulo., security interest mandataries and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist upon sure, peformance of the terms and conditions hereof, fail-, or delay In exercise any rights or remedies provided herein or by law, failure a Formally part fy the Sella in the event of a breach, the acceptance of or payment far goods hereunder or approval ofthe design, shall not refuse the Seller of any of the waranties or obligations of this purchase order and shall not he domed a waiver of any right of the introducer to insist upon strict performance haeofm any of its rights or remedies ss to any such grads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any ppr,s ned and modification or resn.ion of this purchase order by the Purchaser operate as a waiver of any of the arms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser oecognire that in actual economic practice, overcharges mould, from notional violations are in fact home by the Purchaser. Theretofnce, for good cause and as ancidemtion for executing this purchase order, the Seller hereby assigar, to the Purchaser any and all claims it may now have or hereafter acquired under federal or .to antitrust laws for such overcharges rtlming to the particular goods or services purchased or numnal by the Purchaser pursuant to this pmchax order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability in unwillingness to comply, the Forefeet may cause the work to be performed by the most ex,ablims means available to it, and the Seller shall pay all costs mssciated with such work. The Sella shall release the Purchaser and its antmemrs of any tier form all liability and claims of any mature resulting from the pert taco. ofsuch work. This release shall apply even in the runt of fault of negligence of the parry released and shall extend to the directors, offeers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pwhrmed m caused m be performed by the Purchaser. 14. PAl'ENTS. Whitacre, the Seller is required to um any design, desire, mineral or process anvered by letter, Front andem-k or copyright the Seller shall indemnify and save Lmmla, the Purchaser form any and all claims for infringement by reason of the use of such Wteated design, da tt, maanal or process in mancction with the awma, arm shall indemnify the Producer for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the persecution or after the compElim of the work. In rase said equipment, or any pan Ihc.f w the intended .e of the gaud, is in such suit held w co suture inM,cono nt and the use of said equipment or pan is enjoined, the Seller shall, at in own expense and at its Option, either procure fir the Purchaser the right In continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or mudi fy it so it becomes noninfringing. 15, INSOLVENCY. If the Sella shall become insolvent or EaNmpl, nuke on assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchases without liability. Ib. GOVERNING LAW. The definitions of terms used w he intapreation oithe agreement and the rights of all panics hereunder shall he consumed wide, and 6o,.oil by the laws of the State of C.1mc u, USA. The following Additional Conditions apply only in cases where the Seller is to paste work hereunder, including the services of Sellers Representativc(s), on the premix; of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Selle's own risk until the same is fully completed and accepted, arm shall. in ape of any accident, destruction or injury to the work andlor malmlass before Sellers ❑nil completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erepion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such -rands and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including pare miount disease benefits, to its employees employed on or N 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 to be done. The Seller shall also tarty comprehensive general holiday including, but not limited an, mntmctual and automobile public liability insurance w'ion bodily injury and death limits of. least S300,000 for any one pcman, $500,055 far any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, Won, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fiunlsh the Purchaser with a ceni0cate that such compensation and insurance have been provided. Such certificates shut] specify the date when such compensation and insurance have been provided. Such renificales shall specify the date when such compensation and insurance expires. The Seller agrees than such mmp,asumar and customce shall be aminuitrcd. ,it she the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Ile Seller hereby assumes the entire responsibility and liability for any and all damage, loss or i jury of any kind tor nature whatsoever to persons or property. -card 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 Purchaser and any r all of the Purch.ers affair. agents and employe. from and against any and all claims, losses. damages, cki.es or expenses, whether aired or radial. and whether pa pimonar or property is which the ParcM1.a may he put or subject by reapon of any ack action, neglect, omission or default on the pm of the Sella, any of his contactors, or any of the Sellers in convenors officers, agents an employees. In case any suit or other proceedings shall be brought against the Purehssa, or its mTcart. agents -employees in any fire on account or by ¢son of any act actor, neglm, omission or default of the Sella of any of his ...unetors or any of its or their offices, agents or employees as aforesaid, the Seller hereby agrees to essume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained againt the Purchaser or any of its or that officers, agents or employees N such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result ofsuch suits or other proceedings, to Sella will at once wax the same to be dissolved and discharged by giving based or otherwise. The Seller arm his contractors shall take all safety precauuom, fiunish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with crowd to safety including, but without Emication, the Occupational Safety and Health Act of 1970 and all tales and regulations issued puma nuhem . Revised 03R010