HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9143171Fort Collins
Date: 06/09/2014
Vendor: 102586
SPRADLEY BARR FORD INC
PO BOX 270710
FORT COLLINS CO 80527-0710
PURCHASE ORDER
PO Number Page
9143171 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: 06/09/2014 Buyer: DOUG CLAPP
Note: 2014A LP
state bid/ quote
replaces unit# 2233
Line Description Quantity UOM Unit Price Extended
Ordered Price
2014 Ford F-150 4x4 1 LOT EA 25,536.00
Supercab XL
reference quote date 2/12/14
per Paul Phillips
includes 3rd key &
daytime running lights
Dept: Traffic
Deliver vehicle and title documents to:
Fleet Services Shop
906 W. Vine St.
Fort Collins, CO 80521
Contact: Ian or Eric
(70-221-6613
'" please call 24 hours prior to delivery "
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 Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt from state and local tuxes. Our Exemption Number is 11, NON WAIVER.
98-04502. Federal Excise Tax Exemption Cenifies. of Registry 94 6o00587 is registered with the Collecmr of Failure offlue Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 1 W (a). exercise any infirm or manages provided herein or by law, failure to Normally noliry dre Seller in the event of a
breach, the acceptance of or payment for goods bemutder or approval ofdm deign, shall not relmse are Seller of
Good Refined. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this pancbax order and shall not be domed a waiver of any right or the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written pricklier to insist upon 16,1 performance hereofor any of its rights or remedies as to my such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryored
and modification or rescission of this purchase order by the Purchaser abrade as a waiver of any of the tears
Inspection. GOODS are abject to the City of Fort Collins inspection on arrival. hereof.
Final Acccpance. Receipt of the memhundix, services or equipment in respone to this over can a esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
-thermal-thermalpayment oa the pan of the CiCityof Fan Collins. However, it is la M understand thetFINAL Seller and the Purchaser recognve Nat in acrml acorn is practice, nerncleagem us s tandan, froantitrust
ACCEPTANCE is depeedect upon completon of all applicable required inspection mocedurn. violation are in fact home by the Purchaser. Tore,ofore, four good muse and an 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 D., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless mquffed under federal or slate antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this rude,,Ifperamaxlon is given to mpay tm,,ht and chin, separately, the anginal freiglu pnrebased a, acquired by the Purchaser pursmmt to this purcene order.
bill must accommnv invoice. Additional charges for packing will not be accrnvd,
Shipment Domain. Where manufctumrs have distributing Points in various pans of the country, shipment is
examined Bom the nearest distribution point to desurr ion, and excess freight will be deducted form More when
shipments art made fmm greater distance.
Permits. Seller shall pmcure at sellers sole cost of novessbr, penasts, cenffcmas and hearses required by all
applicable Laws, m,idumm, oNinances mud macs of Ihe sw r, munkibdtry, lenimry c, polanal sun ivisian where
the work is performed, or mryired by any other doly controlled public authority havingjurisdiction over the work
of vendor, Seller fuabe, agues m hold He City of Fort Collins harmless fmm and against all liability and loss
iftentard by them by reason of an asserted or atablrsbed vfohilloo of any such laws, regulmimxs, omtmancs, roles
and information.
Authorization. All parties to this contract agree that the mom entah,as are, in feel, bolo fide and possess fall and
amplere amhonty to bind said parties.
LIMITATION OF TERMS. This ]'furnace Order uprrasay limits xeceNance ,, the terns and conditions scaled
herein set hand, and any supplementary or oddnional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different mares and co n itimts imposed by seller arc OlOmmal to and hereby rejerted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT,mmedtutely try.. cannot make complete shipment to awn— an your
promised delivery date as noted. T'fine is of foe essence. Delivery and abronnmare most be effected within the time
stated an the purchase order and the documents attached berma_ No acts of the Purchasers including, without
Imitation, acceptance of annul late deliveries, shall operate is a waiver of this provision In the event crane delay,
the Purchaser shill have, in addition to other legal and equitable remedies, he option of placing this aide, elsewhere
and holding the Seller liable for damages, Howeven, the Seller shall not be, liable for damages as a result of delays
due to causes not nationality foreseeable which are beyond its reasonable conual and rebound its fault ofnegligence,
such aces of God, acts ofertil or military vuthoriniq govammenal pmonfrs, fines, strikes, Rood, epsh mm , wars ar
nor, provided that notice ofthe conditions causing such delay is given to the Purck ser within five (5) days of the
time when the Seller first received knowledge thereof. In he event of any such delay, the date of delivery shall be
extended for [lie period equal to the time acwally lost by moral of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work riverbed by this order will conform with applicable
drawings, specifications, samples ambor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and immanence in accodance cot$ accepted standard for work of a
'mild nalme. The Salle, agrees to hold the purchaser hnmleas fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty.'fhe Seller shall replace, man it or make
good, without cast to the purchaser, any defecw or faults arising within one (1) year or within such longer period of
time Us
may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dam of
azcepaoce of the goods famished hereunder (ac¢pmncce not to be unreamnably delayed), resulting from imperfect
or defective work done or mamnak Murder! by the Seller. Acceptance or use of good by the Puahal shall not
omstiture a waiver of any claim under this waranty. Eamp, u weetwix provided as this pumhau Oder, the Sellers
liability heeunder shall extend m all damages proximakly caused by the branch of any of the from goag wi malums
tor guarantees, but such liability shall in no event include has, of profiw or loss Of use. NO IMPLI I7D WARRANTY
OR MERCI IANTABILITY OR Of: FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make claim. to legal tames by... change older.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaer mry make any changes to the terms, other Nan legal corms, huluding additions to or ift,im ran fmm
The quantities originally ordered in Ihe specifications or consulgs, by verbal Or written change order. If any such
change effects the momr, due a, the once of performance hereunder, an cn uable aljmtmem shall he made.
6. TERMINATIONS.
The purchaser may at any time by wnnen change order, terminate this agreement as to any or all parr, as of the
goods than nor shipped, subjmt to my equitable adjustment between the series ns to any work or materials then in
progrma provided far the Purchase, shall not he liable for any claims for inn icitned Pont car the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sdar with ..sper, In any good which arc the Sellers standard stock. No such mon,mnon shall relieve
the Purchaser or the Seller of any of Their obligations as to any good delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be awarded within thirty (30) days from the date the change or termination u
ordered.
a. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in stria
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
debver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character we hmeby incorporated herein by this reference. The Seller agree to
indemnify and hold the Pallbearer harmless fans all costs and damages suffered by the Purchaser as a result of the
Sellers failure or comply said, such law.
9. ASSIGNMENT.
Neither party shall assign, Intent, or convey this order, or any monies due or to became due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller wa %full, clear and unmanned fide to are Purchaser for all equipment, materials, and items furnished
in perfor a of this agreement, free and dear of my and all hens, restriction, reservation, security maximal
mcumbmncei and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifllm Purchaser directs the Seller to conect... conlurming or dalrUive goods by a date to be agreed upon by the
Purchaser and the Seller, and Ne Seller dominator indicates its mobility or unwillingness la comply, the Purchase,
may cause Ne work Ira be peffonmed by he mail expeditious meass.,,,[able to it, and ,he Seller shall pay all
costs associated with such work.
The Seller chat) release the Purchase, and its wntmcors of any liar form all liability and claims of any rar re
resulting from the performance ofmch work.
This release shall apply even in the event of fault of negligence of the pony released rod shall extend to the
daemon officers and employees ofmch pony.
'Ihe Seller's contractual mhur ions, including warranty, shall not be dcemed to be reduced, in any way, because
such work is perfmmd or caused to be pert rmed by the Purchaser.
14. PATENTS.
Whenevenhe Seller is required m use any design, device, material or process covered by lever, Patent, trademark
bycopyright, e Seller shall and save hamm mnt tless the Purchaser froany and all claims for infringo
copyright,th,Ma,recto r of me rise of such patented design, device, mutemal or pmcess 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
infrfnganem at any time during the prreasmlon or after the completion of the work. In case said equipment, or
itny van Hereof or file intended use of ohm sand, is in such ,,if held I. constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, al its On expense and at its option, either pmcure to, the
Parchaxr the right to continue using said equipment or puns, replace the same with substantially equal but
noninf urging equipment, or med,fy,t m h becomes noninGnging.
IAINSOLVENCY.
If the Seller shall become inaalvenl or bankrupt, make an asignment for the benefit of creditors, appoint a
or model, for any of the Sellers papery or business, this bid,, may f nM1with be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of teats used or the finerpretution ofthe agreement vd Ne rights of all panics hereunder shall M
onstaed under and govemed by the D. of the Side of Colorado, USA.
The fallowing Additional Conditions .,I, only in where Ilse Seller is la Perform work hereunder,
including the services of Sellers Roprexmaliven), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in use of any accident, instruction or injury to the work scri materials before Seder final completion and
acceptance, complete the work at Sellers owe expense and to the ntiefacton of the Purchasern%vm mmenals
and emipmenl — Nmished by others for iamllatioa or erection by the Seller, the Seller shall receive, unload,
sore and handle same at the sue and become fespon able therefor as though such moledB6 andror equipment
were befg fumfshed by the Seller under the aide,.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
if.. benefits, or its employees employed on or r connection with the work covered by this purehax order,
andor or their dcpendenu in accordance with one laws of the state in which due work is to nd done. The Seller
shall also carry comprehensive moral liability including. but not limited to, contmcturl and automobile public
liability Inumnce with boJily injury and death limits of at (cast $300,000 for any one person, S500,000 for my
on,,,,dent and Ion en, damage limit per accident of $400dn10. The Seller shall likewise .,,are his
lctots, if any, to provide for inch compenmnan and intrinsic. Before any of the Sellers o, his exalmemrs
employees shall do any walk upon the pluralities Of others, the Seller slain famish the Pnrchua wind . renidcnte
that such compensation and assurance have been provided. Such retaliation shall specify are date when such
compensation and imumnce have hmen provided Such madifinon shall specify the date when such mmpenution
and insurance expires. The Seller agrees Nut such compmsadan aM immmce shall he nmraned until aver are
entire work is completed and anaTmil.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
'I he Seller hereby assumes the entire respon.ibd try and liability fier any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for In
this purcboee order or in connection herewith. The Seller will indemnify and hold armless the Purchaser and any
u all of Ne purchvsers ,Ricers, agents and employees from and .gains, any and all claims, lasses, damages,
charges or expenses, whether dares or indirect, and whether, w person or pmpeay Io which the Purchaer may
be put or subject by roan 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 officer, agents or employees. In case my suit or other
pnueediran shall be brought agars, the Purchaser, or its off ...... eols or employees at any time on vaofnt or
by reason of my net, action, neglect, omission or default of the Seller of any of his contactors or my of its or
their Officers, agents at employees as afrreaaid, me Seller hereby agrees to assume flue defense thereof and to
defend the same at the Sellers awn expense, to pay any had all costs. charges, i morays fees sad other eagenson.
any and all judgments thin may or fncurrtd by of marred against the Purchaser or my of its or Neil Rems,
agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or
obtained against he pmpmy ofthe Pumhmeq or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safely precautions, famish and install all grams necessary for the prevention of
accidents, comply with all laws and regulations with regard] to aafry, including, but without limitation, the
Occupational Safety and Health Act of 1970 and all ales and reguations issued pursuant human.
Revised 03ROlo