HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9143524Fort Collins
Date: 06/20/2014
Vendor: 102586
SPRADLEY BARR FORD INC
PO BOX 270710
FORT COLLINS CO 80527-0710
PURCHASE ORDER
PO Number Page
9143524 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 06/20/2014 Buyer: DOUG CLAPP
Note: state bid/ quote
replaces unit# 23037
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Ford F550 CC S/C
ref. quote date 5/29/14
per Paul Phillips
Dept: Light & Power
Deliver vehicle and title documents to:
Fleet Services Shop
906 W. Vine St.
Fort Collins, CO 80521
Contact: Ian or Eric
ph# 970-221-6613
`"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@fogov.com
1 LOT LS
35,950.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By snmme the City affair Collins k exempt from Hate and Iwal sexes. Our Exemption Number is
98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6 ))ftM7 is regiseered with the Collector of
Imerd Revenue, Denver, Colorado (Ref. Colomda Revised Summers 1973, Chapter 39-26, I14 (a).
Goods Rejeetd, GOODS REJECTED due to failure to meet specifeations, either when shipped or due to defects of
damage in tmmah may be revemd to you for credit and oR not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject ono the City of Fiat Collins inspection on moved.
Final Acceptance. Receipt of the merchandise, services m
or nipment in response to this order en result in
authpa orized payment era mhe n of the City Of Fain Collins, However, it is to b, understood thatFINAL
ACCI:P rANCC is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be P.O.B., City of Ton Collins, 200 Wood St, Fort Collins, CO 811522, unless
otherwise speci0d on this order If permission is given to prepay freight and charge sepamtely, the original freight
bill muv accompany imnice. Additional charges for packing will non M accepted.
Shipment Distance. Where manufacturers have distributing Wants in various pans of the country, shipment is
expected from the former distribution Whim dmtiation, not excess freight wall be deducted from Invoice when
shipments are made from gooler do..
Permits. Seller shall procure at sellers sole cast all necessary permits, wrifam, and licenses requard by all
applicable laws, regulations, ordinances and rules of the state, municipality, tenatory of Wlriacd si dlvisaon where
the work k performed, or required by any other duly constamred public authority havingjuridiction over the work
of vendor. Seller further agrees m hold the City of Tom Collins harmlvxs from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
d requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and pursers full and
complete outhurity in bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits :mce,amoe to the terms and conditions stated
herein set fund, and any supplementary or additional terms and conditions amused hereto or incoRomted 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 cannot make complete shipment to move on your
promised delivery dater as noted. Time is of the msenee. Delivery and Performance most be effected within the time
stated on the purchase order and the dasa mar¢ attached hereto. No acts of the Purchasers including, without
lam entart, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall hose, in addition to other legal mal equitable moral the option ofpladng this Order elsewhere
and holding the Seller liable far damage. However, the Seller shall Hat be liable for damages as a result of delays
due to comes not reasovbly f rmseeable which me beyond its reuowble control and without its fault of negligence,
such acts of God, mots of civil or military authorities, gavemmental priorities, Tres, strikes, Rod, epidemics, was, or
riots provided that notice of the coribliam rousing such delay as given 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 date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with aWl icable
drawings, specifications, samples and/or other descriptions given, will Is, fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted sundards for work of a
similar mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wanno ry. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Flood of
time as may be prescribed by law or by the from of my applicable warranty provided by the Seller after the date of
acceptance of the goods famishd hereunder (accepmme not to be, unreasonably delayed), resulting from imperfect
or defective work done or materials fiunishd by the Seller. Acceptance or use of good by the purchaser shall not
constitute a waiver of—y claim coder this warmly. Except as otherxise Provided to this purchase order, the Sellers
liability hereunder shall extend to all damages modirm ely caused by the breach of any of the foregoing x'mmntim
or guarantees, but such liability shall in no event include loss ofpmfts or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by arisen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purclrser may make any changes to the terns, other than legal arms, including additions to Or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or ref en change aide'. If any such
dumge affects the amount due or the time ofperfarmmtcc hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wranen change order, terminate this agreement as to any or all portions Of the
goods then not shipped. subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompletd
Portion ofthe gook and/or work, for incidental or ansequential damages, and that no such adjustment be made in
favor of the Seller with respmuo any gook which are the Sellers sandaN stock. No such tennumim shall relieve
the Purchaser Or The Seller ofany of their abligatiam as to any goorks delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
A, claim for adjmtmem must be asserted within thirty (30) days from the dam the change on tenninmion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all fowls sold hereunder shall have been ptdmd, sold, delivered and fumkhed in shirt
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 to effect or evidence compliance. All laws and regulation required to be
nccoamand an agreements of this character are hereby ammrpormed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser homeless from all costs and damages coffered by the Purchaser as a msall of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, transfer, or convey this order, or any monies due or to become One hereunder without the
prior written consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the purchaser for all equipmenr, materials, and items famished
in Performance Of this agreemenl, fire ad clear of any ad all lasers, meametmoic. reserations, security amerest
ancumbrences and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the to. and coditiom hereof, failure or delay to
exencho any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach. the accep ante of or payment for gook hereunder or approval ofthe design, shall not release the Seller of
any of the was mmies or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to imkm upon smet perfomume hereupon any of its rights ormana s as to any such goods, regardless
of when shipped, received or accepted, ss to any prior or subsequent default herelurdea nor shall any purposed
am[ codification or rescission of this purchase order by the Purchaser operate m a waiver of any, Of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that In actual economic practice, overcharges resulting from manhunt
violations are in fact home by the Purchaser Thercmem, forgoodcause and as consideration for executing this
panchae offer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemither
acnui od under federal or .to until.( laws for such overcharges relating to the particular goods w services
purchased w arena d by the Furehaser pursuant to this purchase other.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser drivers the Seller to correct nonconforming or defecme goods by a date to be agreed upon by the
Purchaser rod the Seller, and the Seller thereaffer indicates its inability or unwillingness to comply, the Purchvser
may eauw the Work to be performed by the mast expeditious means available to it, and the Seller shall Pay all
costs acsonated with such work.
The Seller shall release the Purchaser and its cminacmrs of any tier from all liability end claims of any.mare
revolting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, lucrative
such work is performed or caused to be perfumrd by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fur 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 at any time during the prosecution or after the completion of th, work. In caw said equipment, or
my pan thereof or the intended sew of the good, is in such suit held to consfitum infnngenrenl and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its opdon, either procure fro the
professor the right to continue ming said equipment or parts, replace the same with substantially equal but
comminuting equipment, or modify it so it becomo comminuting.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or vusree for any of the Sellers pmpeny or business, this order may forthwith be crawled by the
Purchaser without liability.
16. GOVERNING LAW.
The defnatiam of terms used or the interpretation of the agreement and the ri htn of all parties hereunder shall be
consrmed under and governed by the laws ofthe Sou of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repreumative(sk on the premises ofothers.
17. SELLERS RESPONSIBILITY,
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in ease of any accident, destruction or injury to the work author mmaiak before Sellers Brad completion and
fiewporma, complete the work at Sellers own expense and to the satisfaction of the Franchiser. When materials
ad equipment me famished by others for installation or fromm n by the Seller, the Seller shall receive, valued,
sore ad board, same at the site and became responsible therefon m though such monamda mdNor equipment
were being famished by the Seller coder the order.
18. INSURANCE.
The Seller shall, at his own expense, provide fir the Wymem of workers compensation, including occupational
disease benefiu, to its employees employed on or in connection with the work covered by this purchase aides.
oath., m their dependenn an accordance with the laws ofthe 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
liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 far any
one vccadem and propeny damage limit per accident of SWO000. The Seller shall likewise require his
contractors, if any, 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 Finnish the Purchaser with a certifcare
that such compensation and insurance brave been provided Such certificates shall specify the date when such
compensation and mo sance have been provided. Such cenaficates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and common, shall be maintained until after the
entire work k completed and Overturf.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby.. the entire raWnsibilily and laabiliry for any and all damage, lots or injury ofeny kind
ot nature wthancever to persons or pmpeny caused by or Banding from the execution order, work Provided for in
thk purchase order car in comma.. herewith. The Seller will indemnify and hold homless the Purchaser and any
an col of the Pururchasers offaccrs, agents and employees from and against any and till claims. losses, damasm,
charges on expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
for put or subject by remain of any act, actam, ra lm, Omission or default on the pert of the Seller, any of has
contractors, or any of the Sellers or connotations, officers, agents or employees. In eace any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as afo mend, 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 he incurred by or obtained against the Purchaser or any of its or their o0icere,
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 parties in or m a result of such suaa or other procedangs,
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 safety pacautimn, famish and hamll all guards necmmry for the prevention of
accidents, comply with all laws ad regulation with regard to safety including, but without limitation, the
Occupational Safety ad Health Act of 1920 and ell roles and regulations issued pursuant thereto.
Revised 03n(N0