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HomeMy WebLinkAbout459513 COLORADO CAB COMPANY LLC - PURCHASE ORDER - 9120016City of Fort Collins PURCHASE ORDER PO Number Page 9120016 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 01/04/2012 Vendor: 459513 Ship To: TRANSFORT BUS FACILITY COLORADO CAB COMPANY LLC CITY OF FORT COLLINS ATTN: A/R DEPARTMENT 6570 FORTNER ROAD PO BOX 12220 CITY OF FORT COLLINS Colorado SCOTTSDALE Arizona 85267-2220 Delivery Date: 01/04/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price DAR Transportation Services 1 LOT LS 927,000.00 Rate for 2012 per agreement is: $24.59 ambulatory $31.14 non -ambulatory Total $927,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-N502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the 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 Starves 1973, Chapter 39-26. 114 (a), exercise any rights or remedies pmvidcd herein or by law, failure to pmniptly notify the Seller in the event of a breach, the acceptance of or payment for goods haconder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of tiny of the wamnties or obligations of this purchase order and shall not be deemed a waiver of env right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. Of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported Oral nndification or rescission of this purchase Order by the Purchaser operate 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 merchandise. semiecs or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchnscr recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Thcrcmfo e. for grad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tetras. Shipments must be F.O.B., City of Fort Collins. 700 Wood St-, Fort Collins. CO R0522. unless acquired under fcdcml or state antitrust lams 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 Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted form Invnice when shipments are made from greater distance. Permits. Seller shall porcum at sellers sole cost all necessary permits, certificates and licenses required by all applicable laxs, regulations, ordinances and talcs of the ;rate, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Pon Collins harmless from and against all liability and loss ineuned by them by reason of an assened or established violation of any such laws, regdnlim s, onlinanees, rules and requircmemts. Authorization. All panics to this contract agree that the representatives arc. in fact bona fide and possess full and complete authority to bind said panics. 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 reference Any odditiotml or different terms and conditions proposed by seller are objected to and hereby reicmed. 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 performance most be effected within the time .stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall opcmte as a waiver ofthis provision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civ it or military authorities, governmental priorities, fires, strikes, flood, epi deco itt, ss:ars or riots provided that notice of the condi firms causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, 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 its a 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 Purchaser may $Wier Or incur on account of the Sellers breach of x'amnry. 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 ofnny applicable wwrmnty pmvidcd by the Seller ancr the date of acceptance of the good famished hereunder (acceptance not to be unmasonably delayed). resulting from imperfcct or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise pawided in this purchase order, the Scllm 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 event include loss of profits or loss cruse. 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 THIS. The Purchaser may make any changes to the tarot, other than legal terms, including additions to or dcletinns from the quantities originally ordered in the specifications or dm.vings, by verbal of written change onion. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, teminate this agreement as to any or all poninns of the gads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment he made in favor Of the Seller with respect to any gads which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all good, sold hemundcr shall have been produced, sold, delivered and furnished in strict compliance with all applicable lases 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 laws and regulations required to be incorporated in agreements of this character are hacby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr 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, resen:mions, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness in 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 Purchnscr and its contractors of any tier from all liability and claims of any nature resulting from the perfmmance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. oliccm and employees ot'sach party. The Scllcrs contractual obligations, including wamnty, shall not be deemed to be redueat, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. R'henmer the Seller is required to use any design, device, material or process covered by Jena, patent, trademark or copyright, the Seiler shall indcomify and save homiest the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connemim with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of sa ch infringement at any time during the pmsccution or after the completion of 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, either procure for the Purchaser the right to continue using .said equipment or part%, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGinging. 15, INSOLVENCY. If the Seller shall become insolvent Or hankmpt make tin assignment for the benefit of creditors, appeim a receiver or tmstce for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser, without liability. 16. GOVERNING LAW. The defnitiont oftems oscd .,the interpretation Ofthe agreement and the rights ofall parties hercunda shall be construed under and groomed by the laws Ofthe State of Colorado. USA. The following Additional Conditions apply nnly in cases mhos. the Seller is to per(Omt work hereunder, including the services of Scllcrs Rcprcsenn ivc(s), on the premises ofmhers. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Sellers own risk until the %me is fully completed and accepted, and shall. in case of any accident. destruction or iftntry to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, 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 ,,,it become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of workers compensation, including occupational disease benefit,, to 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 Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insumncc with bodily injury and death limits of at (cast S300.0010 for any one person. S500,006 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contactors, if anv, to pmvidc far such compensation 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 ccnifucatcs shall specify the date when such compensation and insurance hate been provided, Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or pmperty caused by or resulting from the execution Ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims. losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be put or subject by reason of any net, action, neglect omission or default on the pan office 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 Purchaser. or its officers, agents or employces at any time on account or by reason of any act, action, ncglcct omission or default of the Seller orally of his contractors on any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the came at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in use judgment or other lien he placed upon or obtained against the pmNnv of the Purchaser, or said panics in m as a result of such suits mother proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imo, and regulations with regard to safety including, but without limitation, the Occupational Safcry and Health Act of 1970 and all mles and regulations issued pursuant thcielo. Revised 0312010 9 (),00i(0 Uty of FOr�,. t,� C�=S Independent Cost Estimate Date of Estimate: 102012 Cannot Type: Existing Contract or PO (V/N): V Description of Goods (A) or Services (B)'. Paratransit Services -Colorado Cab Company LLC I have obtained the following estimate from Published Price List / Past Pricing (date) 1/12011 Engineering or Techincal Estimate (performed by) IndepeMent Third Party Estimate (performed by) Other (specigy) Cost Estimate Details: (Estimate calculated in US Dollars) Cnct of Slnndnrd 11— Product Actual 2012 2012 Total Estimate 2011 3%Atlj Paratransit Services - 3rd Party Contract for Complementary Paratransit Services for Fixed Route 1 $ 900,000 $ 27.000 $ 927,000 Total 3%Adjustment is based on in -place agreement with Colorado Cab C:\Documents and Settings\jstephen\Local Settings\Temporary Internet Files\OLMnICE - 2012 Blanket Purchase Orders (2)Colorado Cab 1I42012 EPLS Search Results Search Results Excluded By Firm, Entity, or Vessel : veolia Exclusion : NonProcurement as of 04-Jan-2012 12:12 PM EST Your search returned no results. Page 1 of I ExclttdedIParWes List S,vstenI https://www.epls.gov/epls/search.do?full_name=veolia&status=current&exclusion=l &ge... 01/04/2012 Excluded Parties List System Page 1 of 1 Search - Current Exclusions I FPI s Saarch -1 Resources > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel : colorado cab company As of 04Jan-2012 12:13 PM EST Save to MyEPLS Your search returned no results. Back New Search > Search Help >Advanced Search Tips > Public User's Manual >FAQ ,Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epls.gov/epts/search.do 01 /04/2012 EXHIBIT B FEE SCHEDULE Cost Per Trip Type of Service 2009' 2010* 2011' 2012' 2013' Ambulatory $22.50 $23.18 $23.87 $24.59 $25.32 Non -ambulatory $28.50 $29.36 $30.24 $31.14 $32.08 Goods and Services to Veolia from City: Maintenance training: $90.00 per hour for 6-8 hours of training Trapeze software training: $80.00 per hour for 24 hours of training MDC leases: $300.00 per year (10 units included in this cost) The above rates will be subject to a fuel adjustment, which shall be based upon any substantial increases in the cost of regular gasoline during the term of this agreement. In the event the cost of regular gasoline shall increase by more than $.25 per gallon over the current rate of $3.46 per gallon which is based on the AAA Daily Fuel Gauge Report for the Colorado Region, the City of Fort Collins agrees to reimburse Service Provider an additional $.17 per trip for every $.25 increase in the cost of regular gasoline. The fuel adjustment shall be based on the AAA Daily Fuel Gauge Report for the Colorado Region as of the first of every month for the term of this contact and the adjustment will apply to all trips operated in that month. If the fuel surcharge is assessed, but then there is a decrease in the AAA Daily Fuel Gauge Report (ADFGR) for the Colorado Region that brings the gauge below the rate which triggered the surcharge, the surcharge will not be assessed Due to historical fluctuations in ridership, and which provider actually performs the trips, if the volume stated in addendum #1 decreases by 20% annually, Service Provider reserves the right to renegotiate our trip pricing. rev06/07 21