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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9142948City of F0'0v o t Collins PURCHASE ORDER PO Number Page 9142948 1of3 This number must appear on all invoices, packing sli s and labels. Date: 05/23/2014 Vendor: 173497 Ship To: FLEET SERVICES - MAIN SHOP SPRADLEY BARR FORD LINCOLN OF GREELEY CITY OF FORT COLLINS 4901 29TH ST 835 WOOD ST GREELEY CO 80634 FORT COLLINS CO 80521 Delivery Date: 05/23/2014 Buver: DOUG CLAPP Note: 2014A Lease Purchase state bid/ quote replaces unit# 22401 Line Description Quantity UOM Unit Price Extended Ordered Price t 2015 Ford F550 4x2 SD Super Cab 186" WB DRW XL (X5G) reference quote dated 5/19/14 per John Wieneke 2015 Ford F550 Chassis 4x2 SD Super Cab 186" WB DRW XL (X5G) -X5G package -order code 660A -limited slip w/ 4.88 axle ratio -GVWR: 19,500lb payload plus upgrade package -spare tire & wheel -cloth 40/20/40 bench seat -power equipment group -snow plow prep package -engine block heater -Transmission Power Tacke-off provision -trailer brake controller -daytime running lights -white color _ $34,237.00 add third key - $10.00 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 1 LOT EA 34,237.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of Fort Collins PURCHASE ORDER PO Number Page 9142948 201`3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Dept: Traffic Deliver vehicle to: Altec Creedmore, NC " Please call 24 hours prior to Delivery " contact: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@fcgov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordef Terms and Condifons Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Foe Collins is exempt from state and local Dow, Our Exemption Number is I L NONWAIVER 98 04502. Federal Excise Tax Exemption Certificate of Registry 846000589 is register with the Collector of Failure of the Purchaser to insist upon snort performance of the teems and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). exercise any rights or remedies provided berem or by law, faun., to panoply notify the Seller is the event of a breach, The acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods R jeclerl. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the duar ge in narml, unity be whimed a you for credit and ere at to be replacer except on proctor of written Purchaser m insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Pon Collins. of when shipped, received or accepted, as to any prior on subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, seryquipm in eent in response recall or this.,do, ca all m 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of port Collins. However, it is to be understood thatFRJAL Seller and the Purchaser recognize shut in actual economic practice, overcharges resulting from antitrust ACCEP)ANCE is dependent upon completion of all appl icable required inspection procedures. violations are in fact home by the Purchasu. Theretofore, far goad rouse and as cupid uafirm for escorting this purchase Dade,, the Seller hereby assigns to the Purchaser any and all claims it may now have or herennder Fmigbt Terms. Shipments must be FDA, City of Pan Collins, 900 Wood St, Pon Collins, CO 80522, unless acquired noder federal or state antitrust laws for such overcharges relating I. the particular goods or services otherwise specified on, this code,11 permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Producer pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mannf,amors base coach, a, Dins is various parts of the cowry, shipment is If be Paid... or directs the Seller to corm nonconforming or defective goods by o date to he agreed upon by ]is expected from the nearest distribution point to destinatian, and exaessfreight will be competed 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, cony cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all . ervocary mono, recuperates and licenses required by all applicable laws, regulations, ordinances and more of the state, municipality, territory, or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to bold the City of Fon Collins harmless from and against all liability end lass incurred by them by reason of an ussened or established violation of any such laws, regulations, ammances, rates ad requirements. Authorization. All patties m this contract agree that the represenmtives are, in fact, beau fide and possess full and replete authority to bind said parries. LIMI'TADON OF TERMS. This Purchase Order expressly limits accepaoco to the fauns and conditions stated herein at Forrh and any supplGranmry or additional terms and conditions annexed hereto or romm.nmd herein by reference. Any additional or different tames and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of he essence. Delivery and peformance most be ejected within the time sated on the .-I ,at coder Dad he documents attached hereto. No acts of the Purchasers including, without Initiation, acceptance ofpettial late deliveries, shall operate as a waiver of this provision. In the event crony delay, Hit Purchase, ban has in addition to other legal and equitable remedies, the option affirming this order elsewhere and holding the Seller liable for damages. I however, the Seller shall not be liable for damages as a insult of delays due In causes not reasonably foreseeable which are beyond its reamnuble control and without its fault of ncgligenee, such acts official, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided thin ..riot of the conditions causing such delay is ,on to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dote of delivery shall be extended for the period equal to the time actual ly lost by rumn of the delay. 3. WARRANTY. The Seller warrants that all goods, arricles, materials and work covered by this order will conform 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 similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or ineur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, withon cost an the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of ary applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder macepmnce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or ace of goods by the P.mbase, shall rat constitute a waiver of any claim under, this waronty. Except as otherwise provided in this purcbau order, the Sellers liability hereunder shall extend he all damages proximately enured by the breach of any of the foregoing wavanttex or guarantees, but such liability shall in no evem include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by writhen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions tram the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change ajera the amount due or the time ofpGmmance hereunder, an equimble adj tmem shall be made 6. TERMINATIONS. The Purchaser may at any fame by written change order, terminate this agreement as to any or AI portions of the goods then not shipped, subject to any equitable adjustmen between the parties as to any work or materials then in pmgass pmcidcd that the P-ohnc¢ shall not be liable for any claims for anticipated probts on the unmmplued portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any galls which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Sellerof a, oft heir cbligahme, as n any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be asserred within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmd.red, sold, delivered and famished in snort compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required Ire effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser hartnlces from all costs and damages sunered by the Purchaser 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 monies due or to become due hereunder without the PH., written consent office o It my, I O. TITLE. The Seller warrants fall, clear and unesmcted title to the purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 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 didl apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees oasuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required n use any designdevice, material or process covered by leteq patent, trademark or copyright, the Seller shall indemnify and save harmless 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, expanse 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 intended we of the goods, is in such suit held to constitute infringement and the use of said component or pan is enjoined, the Seller shall, at its own expense and at its option, either pm re for the Provision, the right to continue using said equipment or pans, replace the same with substantially equal but noninfiinging equipment, or modify it so it becomes noninHlnging 15. INSOLVENCY. If the Seller shall become insolvent or baN:mpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterre used or the intetpromhou i f the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State ofColmodo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Seller Represenative(s), on the premises equation. Fl. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is Polly completed and accepted, and shall, in e of any accident, destruction or injury or the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the purchaser, When materials and equipment ae Pornished by others for installation or erection by the Seller, the Seller shall receive, unlood, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being morbid by the Seller under the order 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkus compemation, including cocnpational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andvin to their dependents in accordance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public Inability insurance with bodily injury sad death limits of at least S300,000 for any one person, S500,000 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his Hontraetam, if any, to provide for each compensation and insurance. Before any of the Sellers or his contracops employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifieates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such con,socafino and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the cadre work is completed sad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or properry caused by or resulting from the execution ohhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and bald harmless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against any, and all claims, fosse , damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by mama of any act, action, neglect, 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 tuber proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on ar eount or by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and an defend the same at the Sellers awn expense, to pay any and.11 rasa, charges,.1e-,s fees and other expenses, any cod all judgments that may be incurred by or obtained against the purchaser or any of its or their oRcers, agents or employees in 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 parries in or as a result of web suits or other proceedings, the Sella will atone cause the same to Is, dissolved and discharged by giving bond or otherwise. The Seller and his can,... a, shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1990 and all rules and regulations issued pursuant theren. Revised 032010