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HomeMy WebLinkAbout277398 CHOICE TOWING - PURCHASE ORDER - 3214339 (2)City of PURCHASE ORDER FF6rt Collins Date: 08/2112014 Vendor: 277398 CHOICE TOWING 1605 E LINCOLN AVE FORT COLLINS CO 80524 Date: 01/22/2014 PO Number Page 3214339 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 addendum 8/20/14 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 1 LOT LS 5,000.00 Total $5,000.00 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 statute the City of Fort Collins is exempt fmm state and local faxes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000580 is registered with the Collector of Failure of the Purchaser to insist upon since performance of the temp and conditions hereof, failure or delay to Internal Revenue, Denver, Calcium (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance For payment far goods hereunder or approval ofthe design. shall not elease the Seller of Goods Rejected. GOODS REJECTED due to frilms, a meet specificaeinns, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of the damage in transit, may he returned to you for credit and are not to b, replaced except upon receipt of written pwsharem to insist upon strict performance hereof or any of its rights or remedies as w any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Furrowed oral modification or rescission of this purchase order by the Purchmer operate as a waiver of any of the berms Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. hereof. r Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can auh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize them in actual economic practice, o ercherges resulting Farm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations we in fact home by the Purchaser. Theretofore, forr good cause and as consideration fur execming this purchase order, the Seller hereby assigns to the Purchmer any and all claims it may now have or hereafter Freight Perms. Shipments must be F O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or sate amionst laws for such overcharges relating to the pawicular gmsis or services otherwise specified on this order. If permission u given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he worried. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in scormas parts of the country, shipment is If the Purchmer directs the Seller to correct nonconforming or defective goods by a date w be agreed upon by the cxpecrcd fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser 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 cmu associated with such work. Permits. Seller shall procure at sellers sole cost all necessary parents, certificates and licema required by all applicable laws. regulations, ordinances and miss of the state, municipality, factor, or political subdivision where The Seller shall releuse the Purchmer and its contractors of any tier from all liability and claims of my nature the wurk is performeJ, of requited by any other duly coratimted public authority having jurisdiction over the work resulting from the Performance ofsuch wind. of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability am loss ncurred by them by reason of an ucamcd or established violation of any such laws, regulators, ordinances, tales This mlcase shall apply even in the event of fault of negligence of the party relemed and shall extend to the and requirennow, dealers, officers and employers ofsuch party. Authormatio e, All parties to this contract Woo that the representatives are, in fact, bow tide and possess full and omplee auhorty to bind said From — LIMITATION OF TERMS. This Purchme Order expressly limits acerimmem to the temp wed conditions srated herein act forth and any supplementary or additional tams and conditions amtexd hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller we objected 1m and hereby referral. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfommnee mud be, effected within the time shaved on the purchase order and the documents attached hereto. No acts of the Purchasers including, without hoof edioo, acceptance of panel late delivena. shall operate a a waiver arthis pmvisima. In the went of any delay, the Purebm'a shall have, in addition to other legal anal equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage Howeva, the Seller shall not be liable for damages as a raid of delays due to causes We leaunably removable which are beyond its eeusmablo control and without its Each if mgh meme, such acts of God, was ofcicil or military authorities, govermnenul families, fires, strikes, flood, epidemics, wars or noes provided that notice order conditions causing such delay is given to the Purchmer within five (5) days artist time when the Seller first received knowledge thereof In the sent of any such delay, the date ofdelivery shall he extended far the period tyual to the time actually car by reason oflhe delay. 3-WARRANTY. The Seller vvatmnts Nat all goods, articles, materials and works covered] by this order will confome with applicable drawings, spaificrrimew. samples arri other descriptimrs given, will tr fit for the purposes intended, and performed wdth the highest degree of care and cam,.. in accordance with numerical satatards for work of a similar nature. The Seller agrees to hold the purchaser lurmless from any loss, damage or expense which the Purchaser may suRtr of incur on account of the Sellers breach of eamnty. The Seller shall office, repair or make good, without cat w she pushover, any defects or faults arising within one (1) year or within such longer penod of time � may he presrnbal by law or by the watts of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hrrennde (acceptance not to be unreawrably delayed), resulting fmm imperfect or defective work done or materials f fished by ❑e, Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver army claim under this vvarrenty. Except as offerwiu provided in this intcbme order, the Sellers liability hereunder shall extend Is all damages proximately caused by the breach of any of the foregoing isa cei ilia or guamntce, but such liability shall is an aart include loss ofprofis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Premhaer may make any changes in the terms. elder than legal move including additions to or deletions fmm the (premiums onginally ordered in fire specifications of drawings, by cerebral or wrinen change order. If any such change aRects the amount due or the time ofperfomance hereunder, W equitable aljtmmmt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order membrane this agreement us w any or all pactiom of the goods then not shipped, subject to any equitable adjmtmew between the ironic, m to any work or materials then in progress provided that the Purchmer shall not be liable for any claims for anticipated profits on the unmmpletd portion of the grinds andtor work, for incidental or commuential damages, and that no such adjustment be, made in favor of the Seller with respect w any goods which art the Sellers standard stock. No such lamination shall lcliac the Purchaser m Ne Seller of any ofiber, obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be trimmed within thirry, (30) days from the dam 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 famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents a may be cariid to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. no Seller agrees to indemnify and hold the Purchmer harmless Form all costs and damages suffered by the Purchaser us a occult offer Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, tmmfee, or convey this order, or any monies due or to become due hereunder without the prior written award ofthe other party. 10. TITLE. The Sella wormnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfomance of this agreement, free and clear of any and all Item, restrictions, reservations, security interest encumbrances and claims of or The Sellers contmdual obligations, including warranty, shall not he damd to be reduced, in any way, because such work is performal or caused 10 be performed by the Purchaser. 14. PATENTS. Wheneve, he Seller is required ru use any design, dcvica material or process covered by Imo, Patent, mademark or copydgln, the Seller shall indemnify and save Found. the Prods. from any wed all claims for inGngcment by reason of the use of such putented design, device, material at process in connection with the contract, and shall indemnify the Purchaser for any con, 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 the intended use of the goods, is in such suit held to constitute infringement and the me of said equipment or paw is joined, the Seller shall, at its own expeme and at its option, either procmm for the Purchmer the fight to continue using said amipmem or pans, replace the same with substantially equal but no unfringing equipment or modify it so it becomes Parachuting. 15. INSOLVENCY. I the Seller shall become insolvent or bankmpk bake an assignment for the benefit of creditors, appoint a raceiver or moires for any of the Sellers propmy or busine ss, this order may fe ce orthwith be, by pre Purchaser valicaut liability. o. GOVERNING V.W. The definitions ortemd and or the interpretation of lm agreement and the rights of all panics hercander shall be conserved under and govrnwd by the laws of the State wl Calamds, USA. The following Additional Conditions apply only in ruses where the Seller is to perform work hereunde, including the services, of Sellars Repreunmtive(s), an this, premises ofwhas. 17. SELLERS RESPONSIBILITY. The Seller shall tarty an said work at Settees own risk until the mate is fully completed and arapted, and shall. in case of any accident, destruction or injury to the work impair maerials before Sella's fool completion and acceptance, complete the work in Sellers awn expense and to the senisfion of the Purchmer. When mmeriad and equipment are furnished by offers fro installation or erection by the Seller, the Seller shall receive, unload, scare and handle same at the site and become rapm ible frontier as though such materials endear equipment were being fumishM by the Serer under the order. 18. INSURANCE. The Sella shall, a1 his own expense, provide for the payment of waders compensation, including occupational disease benefits, w its employers employed on or in connection with the work covered by this purchase order, anNor to their dependents in accouldram with the laws of the state in which the work is in be done. The Seller dull also carry comprehensive general liability including, but rust limited to. comrecwal and automobile public liability insurance with bodily injury and death limas of at lent S300o00 for any one Person, 5500.010 for any caccident and property damage limit per accident of Send,", The Seller shall likewise copies, his contractors, if any, to provide for such compemation and imumnce. Befine any of the Sellers or his contractors employes shall do any work upon the pamism of others, the Seller shall famish the Purchaser with a cer,ificam that such cane mation and iawance have been pmvidd. Such ecrtifiame shall specify the date when such compensation and imumnce have been provided. Such cwrficaes shall specify the date when such rom,arearetion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained 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 damage, low or injury army kind or nature whatsoever to pasom or property caused by or resulting from the execution orthe work provided fro in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchasers offices, agents and employees from unit against any and all claims, losses, damags, charges or expenses, whether direct or indual, and whether to per rsam or property 10 which the Purchmer may be par or subject by reawc of my am, action, neglect omission is, defeat, oa the pan of the Seller, any of his ontmclors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchmer, or its officers, agents or employees at any time on accoun, or by mown of any act, action, negial. omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees us command. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all crosu, clad attorneys fees and other r, plc ws, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their aBcers, agents a employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the progeny cribs Purchaser, or said parties in or as a result of such suits or other rew dings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwiu. The Seller and his contactors shall take all safety precaution, famish tend unroll all guards necesary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety it Health Act of 1970 and all roles and regulations issued pursuanuhereto. Revised 07R014