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HomeMy WebLinkAbout385616 CROSSROADS TOWING & RECOVERY SERVICE LLC - PURCHASE ORDER - 3215198Fort Collins Date: 01/12/2015 PURCHASE ORDER PO Number Page 3215198 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 385816 Ship To: WATER UTILITIES CROSSROADS TOWING & RECOVERY SERVICE LL CITY OF FORT COLLINS PO BOX 156 700 WOOD ST FORT COLLINS CO 80522 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PATJOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES, Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order Towing ;lY,IlAI,i 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 initil�w[ 4,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenets and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By swum the City of Fan Collins is exempt from state and local axe. Our Exemption Number is 11. NONWAIVER. 98-06502, Federal Excise Tax Exemption Cenficam of Registry 84-6000587 is re,whered with the Collector of Feature of the Purchaser m insist upon inner performance of the terms and conditions herof fah we or delay to Intemd Revenue, Dover, Colorado (Ref, Colorme Revised Statutes 1973, Chapter 19-26, 1Id (a). exercise any rights or remedies provided herein or by law, feflua to promptly unify me Seller in de event of a breach the acceptance ofor payment for eaods hereunder or approval of the design, shall rot release the Seller of Goads Rejected. GOODS REJECTED due to failure to .,in specificmam, either whin shipped or due in defects of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he resumed to you for credit and are not to be replaced except upon receipt of wnten purchaser to insist upon stria performance hermf or my of its rights or remedies as to my such goods, regardless immuclions from the City offer: Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Can Collins inspection on a oval, hereof Final Acceptance. Receipt of me merchandise, services or equipment in response as this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorize payment on Or pan of Of City of Fan Collins. However, it is in be undemoad spat FINAL Seller and de Purchaser comapiu that in actual mo is practive, overcharges recording from antitrust ACCEPTANCE is dependent upon completion of all a ,,fpbc turned impaction procedures. violations are in beer bore by the Purchaser. Theretofore, good cauz and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or humfu Freight Terms. Shipments must be F.O. R, Ciry of Fan Collins, 700 Wood St, Fort Collins. CO 80522, unless acquired under federal or state contrast laws for such overcharges relating to the particular goods or services otherwise Specified on this -den.If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dlembuting points in various goods of the country, shipment is If the Purchaser directs the Seller to correct nommnfomung or defective goods by a date to the agreed upon by the expected form the nearest distribution point to destination, end excess freight will b , deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to monody, the Purchaser shipments are made from greater distancemay cause the work m be performed by the most expediuoas means available to d and the Seiler shill pay all costs associated with such work. Perris Seller shall procure at sellers sole con all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the slate, municipality, territory or political subdivision where the work is performed, or required by any other duly cautioned public authodry having jurisdiction over the work of vendor. Seller further agrees to hold the City of End Collins harmless from and mount all liability and loss incurred by them by reason of an soned st or established volume of any such laws, regulations, ordinances, coa l endsm rrynownews. Authorization . All parties to this convect agree drat the representative are, in fact bona fide and possess full and complete authority to bind said pasties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled herein set foe and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any addommal or different terms and conditions proposed 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 dam as noted. Time is whom essence. Delivery and performance must be effected within the time stated on hie purchase order and the documents attached hereto. No acts of the Purchasers including, without limisauoo acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, me Purchaser shall have, in addition to ohcr legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for dmwges. However, the Seiler shah out be liable for damages as a result of delays due to causes not reasonably f eumble which are beyond its reasonable control and widow its fault of negligence, such acts of God, acts of civil or military authonues, b vemmmtal practices, fires, strikes, flood epidemics, was or was provided that notice of the condomps causing such delay is given to the Purchaser within five (5) days of life rime when the Seller first received knowledge thamf. In the event of my such delay, the date of delivery shall be extended for me period equal to the time actually Ion by reason of me delay. I. WARRANTY. The Seller wanmts that all goods, articles, mmends and work covered by this order will conform with applicable dmarrip, specifications, samples and/or other descriptions given, will be fit for the purchases intended and performed with the highest degree of cue and competence in acwrdmce with accepted nmdards for work of a miler nature. The Seller agrees to hold the weebaur harmless from my loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers breach of momry. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be pownbed by law or by the more of my applicable wanmry provided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Aceptance or rue of goods by the Purchaxr shall not ..,am a waiver of any clam order this waranry. Except as wherwi a provided in they purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or goarmems, but such liabi loy shall in no event 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 Purchaser may make changes to legal coma by written change order. 5. CHANGES IN COMMERCIAL TER.M5. The Purchaser may make my changes m the terms, oher than legd terms, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amomt due or me time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may az any time by won= change order, terminate this agreement as to any or 01 portions of the goods rim not shipped, subject to my equitable adjustment between the pries as; m my work or materials then in progress provided that the Purchases shall not be liable for my claims for anticipated profits on de unconode ed portion of the goods super work, for incidental or emsequen6d damages, and that no such adjustment be made in favor of the Seller with respect or my goods which arc the Sellers standard stock. No such termination shall relieve me Purchaser or the Seller of any of heir obligations as to my goads delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment now be asserted within miry (de) days from the date the change or sermination Is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants had all goods sold hereunder shall have them producs, sold, delivered and Furnished in strict compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such documents as may be required to effot or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agree to indemnify and hold me Purchaser harmless from all costs end damages suffers by the Purchaser as a result of the Sellers hours to comply win such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder einhom the prior written consent of the other parry. 10. TTTLE The Seller warrants fall, clear and unrestricted tide by the Purchaser for di equipment materials, and items fmished in performance of this agrornot free and clear of any and all liens, restrictions, reservations, secunry interest mcumbfances and claims ofohers. The Seller shall release the Purchaser and its contractors of any tier from all liail'ny and claims of my nature resulting from the performance of such work. This release shall apply even in the evert of fault of negligence of the parry released and shall extend on the directors. officers and employees of such parry. The Sellers contracmel obligations, including mmnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14 PATENTS. Whenever the Seller is required to use my design, device, material or process covered by lamer, patent trademark or copyright, the Seller shah indemnfy and sate havesms; the Purchaser from my end all claims for infringement by reason of the use of such patented design, device, contend or pr«ass in connoction 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 my 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, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantiallye,ed but noninGnging equipment or modify it m it becomes rwninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an azslgnmet for me benefil of crsimrs, appoint a receiver or ancess for my of the Sellers proper or business, his order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms mind or the interpretation of de agreement and the rights of all Forces hereunder slid[ be wows under and goveme by the lawn of the State of Colorado. USA. The following Addiomd Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises of pmers- 1 ]. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk soul the same is fully completed and accepted and shall, in more of my accident, dmmction or injury to the work andor materials before Sellers find completion and acceptance, complem the work at Seller's own expense and be the satisfaction of the Purchaser. When demands and equipment are fumisheel by others for installment or cremon by the Seller, the Seller shdl receive, unload, store and handle same at the site and become responsible therefor as though such matends anchor equipment were being ficanOm by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oves,abond disease benefits, by its employees employed on or in connection wilt the work covered by this purchase order. miler to their dependants in accordance with me lawn of the state in which the work is to be done. The Seller shall also cam comprehensive general liability including, but not limited de, contractual and automobile public liability insurance with bodily injury and death limits of at lout SJoo,WO for any one person. S5W,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide err such compensation and insurance. Before any or the Sellers or nis contractors employees shill do any work upon the premises of others, me Seller shall famish me Purchaser with a cenificare than such compensation and insurance have been provide. Such ceni0cams shall specify the One warm such compensation and insurance have been provided. Such cerefcates shill sonny the dam when such compensation and insurance expires. The Seller agrees that such compemation and insurance shall be maintains until after the mire 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, loss or injury of my kind r nature whatsoever to persons or property caused by or mudding from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold h unless the purchaser and any or all of me Purchasers oRcers, agents and employees from and against any and dl claims, loses, damages. charges or expenses, whether direct or indirect, and whether to pervers or property to which the Purchaser may be put or subject by reason of my act anon, negleca omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In cue my suit or other proceedings shill be brought against he Purchase, units officers, agents m employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees m aboom d, de Seller hereby agrees to assume the defense defmf and to defend the same at the Sellers own expense, m pay my and all costs. charges, anomeys fees and other expenses. my and all judgmenrs that may be incurred by or obtained against the Furrhuer or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property office Purchaser, or sad parties in or as a result of such suits or other pocestngs. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and instal all guards necessary for me prevention of accidents, comply with al laws and regulations wilt regard to safety including, but withoud limitation, the Oaupacond Safety and Halm Act of o7j) and all odes and regulations issued pursuant thereto. Revised 0712014