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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9144563Fort Collins Date: 08/11/2014 PURCHASE ORDER PO Number Page 9144563 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 173497 Ship To: ELECTRIC UTILITIES SPRADLEY BARR FORD LINCOLN OF GREELEY CITY OF FORT COLLINS 4901 29TH ST 700 WOOD ST GREELEY CO 80634 FORT COLLINS CO 80521 Delivery Date: 08/08/2014 Buyer: DOUG CLAPP Note: state bid/ quote replaces unit# 23012 Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Ford F-250 Regular Cab No Box - Quote 7/18114 2015 Ford F250 4x2 SD Regular Cab 8ft box (delete) 137" WB SRW XL (F2A) = $20,532.00 PATS Key only - $49.00 Dept; Light & Power Deliver vehcile and title documents to: Fleet Services Shop 906 W. Vine St. Fort Collins, CO 80521 Contact: Eric or Ian 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 20,581.00 Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By smut the City of Fort Collins is exempt from start and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excite'I as Exemption Certificate of Rat 84-6000587 is registered with the Collecmr of Failure nCthe Parchaeer to insist upon strict performance of the temp and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (ReL Colorado Revised Statutes 1973, Chapter 39-26. 114(a). exercise any right or remedies provided herein or by law. failure to promptly notify the Sal let in the event Ofa breach, the acceptance of or payment for goods hemunda or approval of the design, shall na, release he Seller of Goads Rejected. GOODS REJECTED due to failure to race specifications, aiher when shipped or doom defect of -Y of the warranties or obligations of his purchase order and shall .1 W deemed a waiver of any right of the damage in transit, may be retamed to you for emfil and are not to W replaced except upon receipt of walva+ purchaser m insist upon strict performance hereof or any of its rights of remedies as to any such goods, regardless instructions from he City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pomaded am] modification or rescission of this purchase order by the Purchasa opened, as a waiver of any of the terms Impaction. GOODS arc subject o the City of Tom Collins inspection on arrival, ficamf. Final Acceptance. Receipt of the merchandise, services or rymmitin in response in this order can s esult in 12, ASSIGNM ENI' Of ANTITRUST CLAIMS. authorized payment oa the part of the City of ran Collins. However, it is to be understood hatFINAL. Seller and the Purchaser woognim that in eamol economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchnsofer. Thereem. for good cause and as consideration for executing his purchase order, the Seller hereby assign or he Purchaser any and all claims it may now have or hereafter Freight Teases. Shipments most he F.O.R., City of Fort Collins, IN Wood St, Fon Collins, CO 80522, ..It. acquired under federal or sate -It., lax, for such overcharges rehting to he particular goods or services otherwise specified on this order. I(pomission is given m prepay freight and charge sepam¢ly. the original freight pattehascd or acquired by the Purchaser pursuant to this purchase order. bill taus, accompany intone,. Additional chages for packing will not be accept I). PURCHASERS PERFORMANCE OfmSELLERSOBLIGATIONS. ShipmentDistance.bee.Where manufadurers todoorelidistributing points. usparte or he sentry, shipment is IPhe Pure and the Seller, a Seller tocomctnonnmfotmingor by . date to beagmede crop Purchaser expected from fore neamst reatnbu6un (mint m destination, and excess @eight will be deJneted from Invoice when Purchaser end doe Shcrr, and ther Seller ythe most indicates its imeanry nr unwillingness to comply, the Purchaser shipments are male from Greater distance. may muse the work m be performed by the most expeditious means naxilnMe to it, and the Seller shell pay all sits associated with such work. Permits. a Laws shall atns, at sellers sale cost all necessary pemps y, action, aml limrea acquittal w ell applicable law,, regulations, arded by a and rules of he sure, municipality, oemtory political subdivision where of endo is performed, or required by any odor duly Too Collinse) public authority andhaving ainst all over the loss of vendor. Seller by racism agrees to hold he City of Too CoM1f any s from end against all liability and Toss umed by teem by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and regammein,. AutM1odeatim. All parties to this contract agree that the mpreaemmives are, in fact, boon fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to he terms and conditions stated herein set fuM and any supplementary or additional tams and conditiom armexed hereto or incoryomted herein by reference. Any additionel or different learn and conditions propose) 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 dare as noted. Time is of the essence. Delivery and performance must be reflected within the time stated on the purchase order and the documents attached hereto. No act of the Purchasers including, without limitmlou, i ceepance of partial late deliveries, shall operate as a waiver of his provision. In he event ofany delay, the Purchaser shall have, in addition to other legal and equitable remadies, the option of placing this order elsewhere and holding the Seller liable for damages. I lowcvea the Seller .lull at be liable for damages as a result of delays due to causes not rationality foreseeable which ate beyond its reasonable conual and without its fault of negligence, such acts of God, area ofekil or military authorities, govemmenul priorities, fires, stakes, Rood. epidemics, wars or riots provided has ounce Of the madaions musing such delay is given to be Purchaser within five (5) days of he time when the Seller first received knowledge thereof, In the event of my such delay, the date OC delivery shall be extended for the period equal to the time actually lost by reason of the delay. B. WARRANTY. The Seller warrants flat all goods, articles, materials aM work covered by this order will conform with applicable drawings, spmifocntions, samples and/or other descriptions given, will be fit far he Purposes intended, and Performed with the highest degree of eve and aompnence in accordance with accepted .undrd for work of a -annular nature. The Seller agrees or hold the purchowr harmless from any loss, damage or expense which the Purchaser may fifer o, incur On account of the Sellers broach of oa many. The Seller shall napless, repair or make good without cast to the purchaser, any defeas or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the mnm of my applicable..my provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be unreaombly delayed), resulting farm imperfect or defensive work done or materials furnished by the Seller. Acceptance or me of good by the PmeM1aser shall net omumte a waiver ofany claim ceder this wartonry. Except as otherwise provided in this purchase order, he Sellers liability hereunder shall extend or all damages proximately caused by the breach of any of the foregoing warranties im premiums, but such liability shall in no exam include lass off mfin, or loss of use. NO IMPLIED vl'ARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal mrms, including additions to or deletions farm the gor mines originally ordered in me specifications or drawings. by verbal or wrttrn change order. If any such change ofTect the amount due or the time of perfx.ce harmonies. an equiuble, adjustment shall he made. 6. TERMMATIONS, The Purchaser may at any time by written change aide,, mmtinam this agreement as to any Or all portions Of the goods than not shipped, subject to any equitable adjustment between the panne, as to any work or materials he. in progress parvided thin the Purchase, shall not be liable for any claims for anticipated profits on the uncompleted portico of the good arrlor work, for incidental or consequential damages, and hat no such adjustment be made in favor of the Seller with respecuo any good which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seiler of any oftheir obligations as many good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (JO) days from he date the change or termination is arched. B. COMPLIANCE WITH LAW. The Seller warrants that all good old hereunder shall have been produced, sold, delivered and rumored in strict compliance with all Virlimble laws and regulation to which the good art subjol. The Seller shall execute end deliver such documents ex may be requital to effect in evidence compliance. All laws and regulations required to be mcorpomted in agreements of this chamro are hereby iacoVarred herein by this refcremc. The Seller agrees to indemnify and hold the Purchaser hamdess from all cuts and damages topmast by the Purchaser as a our of he Selleh 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., wrivear coment of the other any. 10. TITLE. The Seller wamnU full, clear and moreslifira d tithe to he Purchaser for all aryipmen4 materials, and hems famished in pert ante of this egreemenl free and clear of any real all liens, restrictions, miervaliam, security interest encumbrances and claims of others. The Sella shall teleae the Purchaser and its contractors of any tier farm all liability and claims of any nature ,.[art, f the perfotrmnce, ofsmch work. This release shall apply even in the mat of fault of negligence of the party released and shot] extend to the hrecmrs, ohcars and employees of such Early, The Seller's contractual obligations, including warranty, shall not W deer) to be reduced, in any way, because inch work is performed err caused to be performed by the Purchaser. 14. PATEN'TS. Manner he Sella is rmluiredl to use any design, device, material or process covered by Inter. plant, trademark, copyrildr, the Seller shall irdenmify and save bodes, the purchaser farm any tied ell claims for infringement by reason of he use of such patented design, device, material or process in connection with the coutoucr, and shall indemnify the Pumbowr far 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 the work. In case said equipment, or any pun thereof or rife intended use of the gaols, is in such .,it held to constitute management and the use of said equipment or putt is enjoined, 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 equal but no tinfringing equipment, or modify it so it becomes naninfnging. IS.MSOLVENCY. If the Seller shall become insolvent or henkmpt 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 te h Purchaser without liability. 16. GOVERNING LAW. The definifions of tams used or the interpretation of the agreement and he rights of all parties hereunder shall be combined undo and governed by the law, of dot Start ofColoreda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the seroIcar of Sellers Reprewnutive(s), on the premises ofolher, 17. SELLERS RESPONSIBILITY. The Seller shall may an said work at Seller's awn risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work color nationals before Sel1aS fiml completion and acceptance, complete lot work at Seller's own expense and in the satisfaction of the Purchase,. When matmels and equipmrnt art famished by offers for imulloom an mar on by he Sella, the Seller shall receive, unlaad, store and handle some at the site and become responsible therefor as though such =m ab traitor equipment were being fmished by the Seller under me enter. I B. INSURANCE. The Seller shall. ut his Own expense, provide far the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the mile in which the work is W te done. The Seller shall also many comprehensive general liability including, but not limited to, contmcmal and automobile public liability wsumnce with bodily injury and death limits of at least S IORM for any one Person, $50Q000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his omramors, if any. to provide for such compense tin and announce, Before any of he Stairs o, his contracors employees shall do any work upon the promises of others, the Seller shall fumab the P retwer with a con ifrate that such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the dote when such mommuccuum and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the moire work is compleed and acacpmd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby examines me entire responsibility and liabilityfor any rand all dmagc, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting farm the execution of the work posided for in this purchase order at in connection herewith. The Seller will indemnify and hold bonnless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by noon of any act, action, nailer, omission or default on the part of the Seller, any of his mmmctors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other proceedings shall he brought against the Purchaser, or is officers, agents or employees at any time on account or by main of my act, anion, neglect, omission or default of the Seller of any of his contractors or any of am or their officers, agents or employees as aforesaid, the Seller hereby egrtn to assume me deCcme thereof will to defend the same to the Sellers nun expose, 10 pay any and all cosy, chvgo, attorneys fees and other expenses, any and all judgments that may W incurred by or obtained against the Purchaser or any of its or their oRears, agents or employees in such suns or other proceedings, and in case judgment or offer lien be placed upon or obtained against the prapany Of the purchaser, or said parties in or as a result of such 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 conoarors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the (ba upatioml Safety and Health Act of 1970 and all roles card regulations issued pursuant thereto. Raised 072014