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HomeMy WebLinkAbout385816 CROSSROADS TOWING & RECOVERY SERVICE LLC - PURCHASE ORDER - 9120154PURCHASE ORDER PO Number Page City of 9120154 ' of z `t Collinshis number must appear 1 ' on all invoices, packing slips and labels. Date: 01/09/2012 Vendor: 385816 Ship To: FLEET SERVICES - MAIN SHOP CROSSROADS TOWING & RECOVERY SERVICE LL CITY OF FORT COLLINS 1925 TIMBERLINE ROAD, N6 835 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 01/09/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Ordered Unit Price Extended Price Towing - Transfort 1 LOT LS 5,000.00 Blanket order to Cover the cost of sublet towing for fiscal year 2012 per terms and conditions of Bid #610. All towing to be upon request of City Shop personnel only. All deliveries to be accompanied by an invoice or job ticket including unit number. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Towing - Wood 1 LOT LS 10,000.00 3 Towing - Streets 1 LOT LS 500.00 Cam, c3. oil � U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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: $15,500.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000SR7 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions form the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict faf rmance of the terms and conditions hereof, failure or delay to exercise any rights or rcmcdies provided hacin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warramics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stria performance hcrcofor any of its rights or remedies as to any such goods, regardless of when shipped, received nr accepted, as to any prior or subsequent default hereunder, not shall any purported nml modification or rescission of this purchase order by the Purchaser nperate as a waiver of any of the terms hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may nmr have or hereafter Freight Torres. Shipments most be F.O.B., City of Fan Collins. 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wham manufacturers have distributing points in various parts of the country, shipment is If the Purchascr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicate, its inability or unwillingness to comply, the Purchascr shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificatcs and licenses required by all applicable laws, regulations ordinances and rules of the state, municipality, territory or political subdivision whom the work is palfco ed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father signers to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorieation. All parties to this contract agree that the representatives arc. in fact, bona fide and pesses full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refactim. Any additional or different tells and conditions proposal by seller am objected to and botchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery, and performance most be effcated within the time stated on the purchase order and the docmments attached hereto. No acts of the Purchasers including, without limitation, acceptance oft artial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shali have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond is reasonable control and without its fault ofacgligave. such acts of Gad, acts fcivil or military authorities governments] priaritics, fires, strikes Bood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within ftvc (5) days of the time when the Seller first received knowiedgc thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost be reason ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work 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 competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchascr may suffer or incur on account of the Sellers breach of warranty. 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 period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller afer the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as mhersrise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no carat include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchwor may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal tells, including additions to or deletiore form the quantities originally ordered in the spccificanums or drawings, by verbal or written change order. If any such chance affects the amount due or the time ofpaformance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions ofthe gods then not shipped, subject to any equitable adjustment between the panics tits to any work or materials then in progress provided that the purchaser shall not be liable for any claims for antieipmed profits on 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 Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchascr or the Scl let of any of their obligations as to any goods dcl ivercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict 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 Imes and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to in lcnmify and hold the Purchaser harmless from ail costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall align, transfer, or convey this order, or any monies disc or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of tubers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature reselling from the performance of sack 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 ofsuch patty. The Scllers contractual obligations including warranty, shall not be deemed to be reduced, in any way. because such work is performed or caused to he performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or proems covered by letter. patent, trademark or copyright the Seller shall indemnify and save hordes the Purchaser from anv 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 any cost, expense or damage which it may be obliged to pay by rowan of such infringement at any time during the prosecution or after the completion o(the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, citha procure for the Purchascr the right to continue using said equipment or pans, replace the more with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers Property or business, this order may f rflo, ith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State o -Colorado, USA. The following Additional Conditions apply only in cases wham the Seller is to pafomm work hereunder, including the services of Scllers Representative(s). on the premises afothers. 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 case of any accident, desmaction or injury to the work and/or materials before Scllers Final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchascr. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of wnrkcm compensation, including occupational disease hcnefts, in 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 state in which the work is to be done The seller shall also carry comprehensive general liability including, but not limited to, contractaal and antomobile public liability iosumwec with bodily injury and death limits of m (cast S300.000 for any one person. S500,000 for any one accident and property damage limit per accident of S400.000. 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 tiny work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have ban provided. Such ecrtifcams shall specify the date when such compcnsminn and insurance have been provided. Such arrificatcs shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall he nmimaincd until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all dammge, loss or injury ref any kind or nature whotsncver to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hzmdess the Purchaser and any or all of the Purchasers offcas, agents and employees Runs and against any and all claims, losses, damages, charges or expenses whether direct or indirect and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action. neglect, emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchascr, 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 is or their of ium, agents or employees as aforesaid, 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 "Pasta, any and all judgments that may be incomed by or obtained against the Purchascr or any of its or their officers, ngens or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or mid panics in or as a result ofsuch suits or other proceedings. the Seller will at note cause the come to he dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safdv precautions, famish and install all guards necessary for the provcntion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued purs nni thereto. Revised 03/2010