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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9144565PURCHASE ORDER PONumberPage C117/ of PURCHASE 9144565 t of 3 ' `t Collins I„s This number must appear v ` 1 1 on all invoices, packing sli s and labels. Date: 08/11/2014 Vendor: 173497 Ship To: WATER TREATMENT PLANT #2 SPRADLEY BARR FORD LINCOLN OF GREELEY CITY OF FORT COLLINS 4901 29TH ST 4316 W LAPORTE AVE GREELEY CO 80634 FORT COLLINS CO 80521 Delivery Date: 08/08/2014 Buyer: DOUG CLAPP Note: state bid repalces unit# 27004 Line Description Quantity UOM Unit Price Extended Ordered Price t 2015 4X4 SD Regular Cab Ford 1 LOT LS 22,808.00 2 3rd key - PATS key only 1 LOT LS 49.00 F-250 Pickup Truck 4X4 Box Delete Per Quote dated 07118/2014; Prepared by John Wieneke QA494 Deliver vehicle and title documents to: Fleet Services Shop 906 W. Vine St. Fort Collins, CO 80521 Contact: Eric ph# 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@fogov.00m Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 9144565 Page C117/ of PURCHASE 9144565 2 of 3 Flirt Chis number must packing ,�_,J`-' ` Collins�7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price "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 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. Hy mmme the City of Fiat Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is oUdk nod with be Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). .-more any rights or remedies provided herein or by law, failure to promptly utility the Seller in the event of a breach, the acceptance of or payment For gads hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to men specifications, either when shipped or doe to defer, of tiny of the warranties or obligations of this purchase order and shall not M domed a waiver of my right of the damage in wr it, may W removed to you for credit and art not to be, replaced except upon receipt of comer purchaser to insist upon strict performance hereofor my ofies rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. arched shipped, received or stenciled, as to any prior or subsequent default h ntuMa, rest shall any Rappoport oral modification or rescission of this purchase order by the Preschaver operate as a waiver ofany of the terms Impecticn. GOODS are subject to the City of Fort Collins inspection on arrival, hereof Final Acceptance. Rcccipl of the nmrchmdise, services eq r equipment in response to this uNcr can reach in 12. ASSIGNMENT OF ANTII'RUS'I' CLAIMS. authorized payment on the pan of Jac City of Fort Collins. However, it a to be understood that FINAL Seller and the Purchaser recognize that in actual coccommic practice, overcharges resulting from anlirmm ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Holsorns no in fact home by We Purchaser. Theretofore, for good cause and as consideration for executing this purchow tide,. the Sella hereby aavigns to the Purchaser any and all claims it may row, have or herea0er Freight To.. Shipments mnst be F.O.K. City of Fon Collins, 700 Wood St. Fort Collins, CO 80522. unless acquired under federal or sate .Brous, laws for such overcharges relating to the particular grads or services otherwise specified on this min. If permission is given to prepay freight and charge separately, the original freight purchased or requited by the Purchaser pursuant to this purchase order, bill must accompany invoice. A kfumad charges for packing will not be accepted. Shipment Finance. Where maoafactarers have distributing points in various pans (if the country, shipment is expected from the nearest distribmi i prim cities destuarann, tin I exs freight will be dedtmted firm lavniae whet, shipments are made from greater distance. Permits. Seller shall procup ar sellers ache coal all neceswry permits, certificates am licenses required by all applicable lax,, regulations, wi imnees and tales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constipated public authority baying jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins hmmless from and agaimt all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, whom cos, roles and ficEn emenb'. Authorization. All ponies to this contract agree that the representatives are, in foal, bona fide and possess full and complete authority to bind said parties. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance m the mans end conditions spared herein set forth anJ any supplementary or additional mars and conditions annexed heeoo or incoryrmred herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCI IASING AGENT immediately if you numm make complete shipmcnl m arrive of your promised delivery date as noted. Time is of the essence. Delivery and performance nmm be effected within the time lamed on the purchase order and the documents attached herem. No ac6 of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opemm m a waiver Of this provision In the event of any delry, the Purchaer shall have, in addition to he, legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shill not to, liable for damages as a result of delays due or causes not reasonably foreseeable which are beyond its reasonable commit and without its fault of negligence, such acts of God, acts c(ovil or military indication, mvemmemal priorities, fires, strikes, good, epidemics, wars or pats provided Our notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fat received knowledge thereof. In the event ofany such delay, the time rfdelivery shall be extended for the period egml ro the time actually lost by rearon of the delay. 3. WARRANTY. The Seller warrants that all goods, micles, nationals and work covered by this order will confined, with applicable drawings, specifications, samples author 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 to hold the purchaser harmless from any loss, derange or expense which the Purchaser any suffer or incur an account of the Sellers breach of warranty. The Seller shall replace, repuir or make good, without cost I. the purchaser, any defects or faros arising within one (1) year or within such longer period of time as may be pmsmbedby law or by the terms of any applicable warranty provided by the Seller mortise dine of acceptance of the goods funishcd hereunder (acceptance not to by unreasonably delayed), pending from imperial or defretive work done or materials burnished] by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wansnry. Except re otherwise provided in this pumhow order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing countries or guommeen, but such liability shall in nu event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pu glower may it, changes m legal corms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the toms, other than legal terror, including additions to or deletions fmm the quantities originally odered in the specifications or drawings, by verbal or written change order. If any such change afters the amount due or the time of performance hereunder, an equitable adjusunan shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, lemainme this agreement av to any or all portions ol'the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgress provided that the Purchaser shall not be liable for my claims frr wrietpmed profits on doe uncompleted Portion argue good anchor work, for incidental or consequential damages, and that no such adjustmem be made in favor afthe Seller with respect to any good which are the Sellers standard mock. No such termirmoon shall relieve the Purchaser or the Seller ofany of their obligations as to any goed delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within miry, (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller tartans that all goods sold hereunder shall five been produced, cold, delivered and Bi ished in super compliance with all applicable laws and regulations to which the goals are subject. The Seller shall execute and deliver such documents as may IN required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby ircoryormed herein by this reference. The Seller agrees m indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall range, transfer, or convey this order, or any monies due or as became due hereuder without the poor women crmenl ofthe other Forty. 10, TITLE. The Seller warrants full, clear and unrestricted Into m the Purchaser for dl equipment, mmeriuk, and items furnished in performance of this agreement, free and clew of any and all liens, restrictions, reservations, second, interest encumbrances end claims of others. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. HER, Purchaser directs the Seller to coned wnconfrmaing oat defective goods by a date to No agreed upon by the Pnrchamr and the Seller, and the Seller dmrcafter indicates its inability or unwillingness to comply, the Purchaser may cause the mark to be performed by the most expedilious dams available 10 it, and the Seller shall pay all costs nowrimed with such work. The Seller shall releave the Puch now and its contmeors of any tier from all liability wd claims of any ware remhing from the performance ofsuch walk. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcmrs, officers and employees ofsuch party. The Settees contractual obligations, including warearmy, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfomaed by the Purchase, 14. PATEI4I S. Whenever the Seller is required to use any deign, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser from any and al I claims for inGtngemem by reason of the rise of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, asinine or damage which it any 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 part thercol or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Sella shall, at its own expenw and at its option, either procure for the Purchaser the right to continue using said equipment or party replace the same with substantially equal but ro ninGrnging equipment, or modify it sou becomes nrninGanging. 15. INSOLVENCY. If the Seller shall become mallvem or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee fir any of the Sellers property or business, this order may forthwith be canceled by the Puehrserwilhout liability. 16. GOVERNING LAW. The defnilmas ofmrms used or the interpretation ifthe agrerrom anal the rights ofail panic haeunda shall be cansuucd under am governed by the bans ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work M1ercunder, including the services of Sellers Represenlative(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own nsk until the same is Billy completed and woeptad, and shall, in use of any accident, destruction or injury to the work walla materials before Sellers final completion and acceptance, complete the work at Sellers own expense am1 to the satisfaction of the Purchaer. When nationals and equipment are fmished by ahers for installation or cre lion by the Seller, the Seiler shall receive, unload, store and handle same at the site and become responsible thepfar a, though such materials and/or information, was being famished by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paym<m of workers compensation, including Occupational disease ben<fits, to its employees employed on or R connection with the work SwerW by this purchase order, author to Weir dependents in wcoNance with the laws of the tram in which the work is m be done. The Seller shall elm carry comprehensive gwerel liability including, but not limited to, commnual aat automobile public liability insurance with bodily injury and death limits arm least S300,IXp for any one person, S500,000 for any one trident and property damage limit per accident of S41gI,Wo. The Seller shall likewise require his e mra dws, if any, ra p,side fur such aampensalion and insurance. Before any of the Sellers or his contractors 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 certificates shall specify the data when such mmpeeuarion and insurance have been provided. Such cenificala shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation oral insurance shall be maintained until after the entire work is complaint and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, loss m injury ofany kind or nature whatsoever to patrons or property caused by or resulting from the exewfen of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any r all of the Purchasers ofice r. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpMy to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other proceedings shall be brought against the Purchaser, or its offices, agents or employees in my time on acount or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their, officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and ,, defend the same nt the Selleh On expense, to pay any and all visa, charges, attorneys fees and other expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other prOceedings, and in case judgment or other lien be placed upon or obtained against the property Aran Purchaser, or said ponies in or as a result ofsuch suits or other pmtrandu s, Bar Seller will at once cause the same to be dissolved and discharged by giving bond or wharwise. The Seller and his contractors shall take all safety precauliona Bimish and install all guards necessary for the prevention of wcidena, comply with all laws and tegulatiom with regard to safety Retailing, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant theism. Revised Dablel