Loading...
HomeMy WebLinkAbout459513 COLORADO CAB COMPANY LLC AKA VEOLIA - PURCHASE ORDER - 9120541City of -ort Collins PURCHASE ORDER Date: 01/27/2012 Vendor: 459513 COLORADO CAB COMPANY LLC ATTN: A/R DEPARTMENT PO BOX 12220 ' SCOTTSDALE Arizona 85267-2220 PO Number Page 9120541 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 01/27/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM . Unit Price. Extended Ordered Price Safe ride home transportation 1 LOT LS 78,816:00 services Per agreement dated 1/27/12 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Invoice Address: City of Fort Collins Acco66ting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt local state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Ccnificate of Registry 94-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Rcviscd Statutes 1973. Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure to ram specifications. either when shipped or due to defects of damage in transit. may be tined to ,you for credit and are not to be replaced except upon recmipr of written instructions from the City effort Collins. Inspection. GOODS are subject to the City effort Collins inspection un arrival. 11. NONWAIVER. • . Failure of the Purchaser to insist npnn strict performance of terms and conditions hereof, faiGe or delay to exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance hnenfor any ofits rights or remedies as to any such goods, regardless of when shipped, received or accepted. as to any prior or subsequent default hamunden nor shall any purported call modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the tents hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resporre 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 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 are in fact bone by the Purcbna. Thercmfn x, for Sood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have a hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state mithrost laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission a given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. - - bill man accompany invoice. Additional Charges for packing Will not be accepted. ' 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. 'Where manufaemrers have distributing points in various pans of the country, shipment is Ifthe Purchaser effects the Seller to correct nonconforming or defective goads by a date to be weed upon by the expected from the nearest distribution point to destination. and cicess1might 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. - cony cause the work to be perforated by the most expeditious means available to it, and -the Seller shall pay all t a 'tdxith h k er Pmits. Seiler shall procure at sclkrs sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. Ordinances and rules of the state, municipality, territory or political subdivision whim ar the work is performed, or required by any other duly constihd public authority having jurisdiction over the work of vendr. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss cu inrred by them by reason of an asserted or established violation of any such laws, regulations. ordinances, miss and requirements. Authorization. All panics to this contract agree that the representatives am, in fad. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the terms and conditions stated back,back,set forth and any supplementary or additional tarns and conditions annexed herein or incorporated herein by refacnce. Any additional or different [eggs and conditions proposed by seller are objected to and hereby rejcned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your promised delivery date as nourel-Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents a0eched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchasershall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays .due to cause or reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military mohmitics, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella 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 goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be if: for the purposes intended, -and performed en with the highest degree of care and competence in accordance with accepted standard work for of a similar mature. The Sella agree to bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, Without'cost to the purchasa, any, defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Inv or by the terms of any applicable warranty provided by the Seller after the date 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. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this ungainly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximateiy earned by the breach of am of the foregoing warranties or guarantees, but such liability shall in no event include Ines of profits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser ntay more any changes in the Icons. other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such .change affects the amount due or the time offalmonance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, legitimate this agrament as to any or all potions of the goods 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjunman be made in favor of the Sella 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 goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be amazed within thirty (30) days farm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hacunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler shall execute and deliver such doannentn as may be rtquimd to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless farm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lad. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the poor Written consent ofthe other parry. 10. TITLE. The Seiler warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fnnished in perfcgmnce of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of.dids. toss ssocrac sac nor. 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 release shall apply even in the event of fault of negligence of the parry rcldral and shall extend to the directors, officers and employees ofsueh parry. The Seiko's mntramml obligations, including warranty, shall nor be dmmcd 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 any design, device, material or pman covered by latter, 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 any text, 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 ofthe work. In case said equipment, or any parr thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall,'et its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella 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 coda may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAZY. The definitions oftemts used or the interpretation ofthe agreement and the rights ofall panics hadorder shall be construed under and governed by the laws ofthe Stare of Colorado. USA. The following Additional Conditions apply only in cases wham the Sella is to perform wok hereunder. including the services of Scllcrs Rcpmsentativc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seiko's Own risk until the saute is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcr's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are f ngishcd by others for installation or erection by the Seiler, 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 furnished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment ofworkas compensation, including Occupational disease benefits, to its employees employed on or in connection with the work cooed by this purchase coder, and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits ofar least 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, m provide for such compensation end insurance. Before any of the Sellers err 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 catificatcs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seiler 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, lass or injury of any kind Or nature whatsoever to Persons or pumarty caused by orrcsulting from the execution ufthe work provided for in this purchase order or in comedian herewith. The Sella will indemnify and hold hatless 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 popery to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, 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 its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense lhcrcof and to defend the same or the Scllcrs own expense, to pm 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 case judgment or other lien be placed upon or obtained against the property of the Purchaser, or as id panics in or as a resuh of such suits nr other proceedings, the Seller will at care cause the saute to be dissolved and discharged by giving band or otherwise. The Seller and or his contracts shall take all safety precautions, famish and install all guards necessary for the prevention of accidents. comply with all laws end regulations with regard to safey, including. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant doing. Revised 03/2010 Excluded Parties List System Page I of 1 Search - Current Exclusions > 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 Classification : Vessel As of 27-Jan-2012 4:16 PM EST Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly Resources > 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/epls/search.do 01/27/2012 Excluded Parties List System Page I of I Search - Current Exclusions Foir--QQ-77­1 Resources > Advanced Search > Multiple Names > Exact Name and SSN/rIN > 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 r Search Results for Parties u~ Excluded by Firm, Entity, or Vessel : veolia transportaion on demand me l Classification : Vessel As of 27-Jan-2012 4:15 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/epls/search.do 01/27/2012