Loading...
HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9145395Fort Collins Date: 09118/2014 Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS CO 80527-0710 PURCHASE ORDER PO Number Page 9145395 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 09/17/2014 Buver: DOUG CLAPP Note: state bid replaces unit #2430 Line Description Quantity UOM Unit Price Extended Ordered Price Replacement Water Truck 1 LOT LS 30,622.00 ref. quote dated 6110/14 per Paul Phillips Flatbed to be installed by Maxey Co. Dept: Natural Areas Deliver title and documents to: Fleet Services Shop 906 W.Vine Fort Collins, CO 80521 Contact: Greg R. or Eric 970-221-6613 ""Please call 24 hours prior to delivery" Delivery hours are 7:30am to 3:30pm 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sate and local taxes. Our Exemption Numher is 11, NON WAIVER. 98-(AND, Federal Excee Tax Exemption Cmifcam of Registry 84-5000587 is registered with the Collector of Faila e, of the Purchaser to insist upon cone[ performance of the terms and conditions haeoh failure or delay to lateral Revenue, Damon, Colorado (Ref Colorado Revised Staves 1973, Chapter 39-26, 1 is (a). exeaise any rights or remedies provided herein or by law, f cilum to promptly notify be Seller in the event of a breach, the accepanre ofar payment far goods bareander or approval affhe design, shall not release be Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamanlies or obligations of this purchase order and shall not be deamW a waiver of any right of be damage in transit, may be rcti med In you for credit and are not to be replaced except upon receipt of wrnen Purchaser to insist upon strict performance foromfor any of its fights or remedies as to any such goods, regardless instructions from the City of Too Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modl feataon or rescission of this purchase order by the Purchaser opemb as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the meshandise, services or erryipment in mapmcse m this order tun result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an be part of the City of Fiat Collins. However, it is to be understood [bar FINAL Seller and the Pumhaaer tecognim that in named economic practice, overcharges resulting from antureat ACCEPTANCE is dependent upon completion oLnll applicable requited inspection procedures. violations ore in fact home by the Purchaser. Theretofore, for good cause and as consideration for exemling this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight I'erae. Shipman¢ most be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this other, If permksion is given to prepay freight and charge separately, the anginal freight purchased or acquared by the Purchaser pursmnt to this purchase order. bill mat amommny invoice. Additicrell chames for packing will not be azecpted Shipment Distance. WTere ..at.,— have clood a nfif points in van. parts of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made from greater balance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordiwnces and rules arms sum, municipally, territory or Political subdivision where the work u performed, ar inquired by any other duly cmminded public authority havingjurisdinion over be work of vendor. Seller further agrees to hold the City of Fort Collins harmless tram and against all liability and loss incurred by them by reason of an mscned or established violation of any such hiss, regulations, ordinances, alas and requirements. Authorization. All parties to this contract agree Had the representatives ace, in fact, bona file and process full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to be forms and condlfoas stated herein set forth and any supplementary or additional fetus and conditions annexed bureto or incoryorafed herein by reference. Any additional or gathered terms and conddiofs proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately afyou cannot make complete shipment to arrive on your promised delivery dal as noted. Time is of the essence. Delivery and performance must be affected within the time stated on the purchase order and the Aocumens auached harem. No acts of the Purthasers including, without limitation. acceptance afpaninl late deliveries, shall opemm m a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its rawrable annual and without its fault of negligence, such acts of God, acts of,oll or military authorities, gavemmenal priorities, fires, stokes, flood, epidemics, wan or not. provided that notice of the conditief s causing such delay is given to the Pumbo er within five (5) days of the time when the Seller Front received knowledge thereof. In the event of any such delay, the date of delivery shall ber extended for Has Ireland ryual to The time actually Imt by crown of be delay. 3. WARRANTY. The Seller ..rams that all goods, articles, materials and wort 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 compatence in accordance with accepted sandarts for work of a intalx nature. The Seller agrees to hold the purchaser Ismard ss from any In, damage we expense which the Purchaser may sulfur or iamr im azmunt of the Sellers branch of wammy. The Seller shall replace, repair or make good, without cost m the pur ral any defects or faults arising within me (1) year or within such longer pored of time as may be prescribed by law or by be arms of any applicable warmly provided by the Seller after the Jae of acceptance of the goods famished Journal r (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not onstlmte a waiver of my claim under this immunity. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of my of foe forgoing warranties or guarantees, but such liability shall in an event include loss of prefix or lass ofuse 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 written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be learn other dun legal famous, including rabliones to or deletions from the gtenfifaes originally ordered in The sounifialiooa or drawings, by central or wainen change order. If any such change aBects the amowt due or the time offerfomfance hereunder, an couimble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the goods ben not shipped, subject to any equiuble adjustment between the parties as to any work or materials then in progress provided ban the Purchaser shall trot be liable for any claims for anticipated profit, on be wcomplefed portion of the gas rafter work, for incidental or commiserated damages, and that an such adjusment ber made in favor of the Seller with respect to any goads which ere be Sellers sandard stack. No such termination shall octave the Purchases or the Seller of ony ofih,i, obligation as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days farm the date the mange or lamination is ordered. 8. COMPLIANCE IOTH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumichad in surd compliance with all applicable lows and regulations to which the gaud art subject. The Seller shall exempa and deliver such documents no may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorpomted herein by this reference. The Seller agrees to indemnify and hold be Purchaser haraaleas tram all costs and damages sufficed by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this arder, or my monies due or to become due hereunder wifhaunhe Friar written consent of the other party. 10. TITLE. The Seller warn is fil clay and wtexam ed title to the Purchaser for all equipment, materials, and items f ibad in performance of this agreamenf, free and alav of any and all tiers, f xtrictions, react 1twors, aecairy interest encurnersom and claims afothm. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser difects the Seller to correct nonconforming or defcive good by a dam to be agreed upon by the Purchaser and the Sahara and the Seller bereaper indicates its iiabiliy or unwillingness to comply. the Purchaser may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. 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 mime shall apply even in the event of fault of negligence of the party released and shall extend a the directors, appears and employees of such party. The Seller's contractual obligations, including w'or ay. shall not be deemed to b, reduced, in any way, because such work is performed or caused to be performed by the PmChaser. 14. PATENTS. Whenever the Seller is required fo usa any design, device, moterial or process covered by letma 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 my 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 Part thereof or be intended use of the good, is in such suit held to marriage infringement anal the as, of said equipment or pm is enjoined, the Seller shall, or its own as'. and at its option, either procure for the Purchaser the right to continue ming said equipment or parts, replace the same with subsentially equal bur noninfringing equipment, or modify it w it becomes nonconforming. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a or trustee for any of the Sellers property or business, this nNer may forthwith be canceled by the Purchaser uniform liability. 16- GOVERNING LAW. The defnitions of corns used ar the interpmatian of the agreement and the fights of all parties hereunder shall be a ... mued under and governed by the laws ofthe Stare of Colorado, USA. The following Addilimal Conditions apply only in cans where the Seller is to perform work hereunder including the services of Sellers RemearrnefivHs), on the premises ref others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk will the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Selma own expense and to the satisfaction of the Purchaser. When malnums and equipment art famished by others for installation or erection by the Seller, be Seller shall receive, unload, re and handle same at she site and bra ose rtspenaible, therefor ax though such materials andor equipment were being fumuhed by she Seller ceder the order. I& INSURANCE. The Seller lull. of his own calun w, provide for the payment of workers compensation, including xemational disease benefits, to to employees employed an or in connection with the work covered by this purchase nMet, andfor to their dependents in accordance with the lows of the sale in which be work is to be done. The Seller shall also carry comprehensive gencml liability including, but not limited to, mnractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S%R,X0 fro my me accident and pmpeny damage limit per accident of M00,000. The Seller shall likewise "rare his connotations, War, to provide for such compensation and insurance. Before any of the Sellers or his annual employees shall do any work upon the premises of others, the Seller shill mmish the Purchaser with a calibrate that such compensation and insurance have been provided. Such cmincares shall charily the date when such compensation and insurance have been provided. Such cenificales shall specify the date when such compewtion and assurance expires. The Seller agrees but such compensation and insurance shall his main f nod rail after be entire wart is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury orally kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any ard all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which be Purebaaer may he put to subject by reason of my act action, neglect, omission or def It on the part of The Seller, any of his contractor, or my of the Sellers or connrscaux officers, agents or employees. In case any suit or other proceedings shall be brought against he Fireman, or its or iers, agents at employees at my time on account or by fnaon of any car, action, neglecm omission or default of the Seller of any of his contmcmn or any of its or fir officers, agents or employees as aforesaid, the Seller hereby agrees to assume be defense thereof and to defend the same nt be Sellers own expense, to pay, any ape all costs, charges, de ocrays fees and ober expenses, any and all judgments but may h ixured by or obained against the Purchaser or any of its or be'u officers, agents or employees in such suits or other proceedings, and in ace judgment or other lam be placed upon or obtained against be property of the Purchaser, or said pries in or as a result of such suits or other proceedings, be Seller will at once cause be same to be dissolved and disch ma d by giving band or otherwise. The Sella and his contractors shall take all safety precautions, famish and instill all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Last Act of 1970 and all rules and regulations issued puauanl thereto. Ruescd 0IR013