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HomeMy WebLinkAbout459513 COLORADO CAB COMPANY LLC - PURCHASE ORDER - 9140252 (2)PURCHASE ORDER PO Number Page rCity of PURCHASE 940252 1 of 2 Flirt Collins( This number must appear !�,/`I ` �I 1' on all invoices, packing sli s and labels. Date: 12/11/2014 Vendor: 459513 COLORADO CAB COMPANY LLC ATTN: A/R DEPARTMENT 32245 COLLECTION CENTER DR CHICAGO IL 60693-0322 Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 01/10/2014 Buyer: PAUL, GERRY Note: 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 MINUMUM AMOUNT OF GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 DAR Transportation Services 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.00m 1 LOT EA 250,000.00 Total $250,000.00 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 smNte the City of Fort Collins is exempt from state and local lases. Our Emarprion Number is 98-04502. Federal Excise Tax Exemption Campeau, of Registry 84-6000589 is registered with the Collector of Internal Revenue, Denver, Coloado (Ref. Colorado Revised Somalis 1923, Chapter 39-26.114 Ad. Good R jected. GOODS REJECTED due to failure on men specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be, replaced except upon receipt of written mstmctlans from the City airport Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Rental of the merchandise, services or rycpriator in respsmse b this order can mull in authorized payment on be pm of the Ciry of Fiat Collins. However, it is in be understood bar FINAL ACCEPTANCE, is dependent upon completion ofall applicable required inspection poured... Freight Terms. Shipments most ba F.O.B., City of Pon Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise speci lied on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will nor be accepted. Shipment Distance. Where manufmmrets have duuibuting paints in arrium, pans of be country, shipment is expected from the nwmst distribution point to destination, and excess freight will he deducted from Invoice when shipments are made from mailer distance. Permits. Seller shall procure a, sellers sole cost all necessary pamiha, certificates and licenses required by all applicable lows, regulations, ordinances ands rules of the cute, municipality, territory or political subdivision where be work is preformed, or malu ial by any other duly rotational public aurhorry having jurisdiction ova the work of vendor. Seller further agrees to hold be City of Fon Collins broadest from and against all liability atul loss incorrect by them by reawn area summed or established violation of any such laws, regulations, ordinances, ales and re luir mnnts. Autharizati m. All parries to this commat agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purcluw Order expressly limits acaptame to the harts mad conditions armed herein sat fond and any supplemmury or additional harms and conditions aunexed bacto or incoryoraded herein by reference. Any additional or different terms and conditions pmpos d by tiller am objected to and hereby 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 must he effected within the time ruled on the purchase other and the dos mmis muched hereto. No aces of the PunAmorers including, without limitab... capture Of psaitil late deliveries, shall Opemle as a waiver of this provision. In the Neat Of any delay, be Purchaser shall have, in addition to other legal and estimate remedied be option ofplacing this order elsewhere and hold,, the Seller liable for damages. Howeve, the Seller shall not be liable for damages as a read, of delays due to causes nor reasonably Extensible which are beyond its reawrable control and without its fault ofnegligmce, such acts of God, acts of civil or military authorities, governmental families, fires, strikes, flood, epidemics, wars or riots provided that notice of be conditions causing such delay is given to be Purchaser within five (5) days of 'he time when be Seller first received knowledge therenf. In me event of any such delay, be date of delivery skull be extended fen the period alual to be time actually lost by award ofthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, nationals and work covered by this order will conform with applicable dwings, spaifininum, samples wsVw other descriptions given, will be fit for the purposes intended, and performN with the highest degree of care and competence in accordance with accepted smndards for work of a similar gowns. The Seller agrees to hold be purchaser harmless from any loss, damage or expense which the Purchaser may suffer m incur on wrount of the Sellrn breach of wo aaty. The Seller shall replace repair or make good, without cost to be purchmer, any defects m faults musing within ate (1) year or within such longer period of time as may be prescribed by law or by be terms of any applicable wamnty provided by be Seller after the date of acceptance i f the goods furnihed hereunder (acceptance not to be unreasonably delayed), moulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not continue a waiver of any claim under this waramy. Except as otherwise provided in this purchase order, the Sellers Liability hereunder shall extend to all damages proximately cauwd by the breach of any of the foregoing warranties m guarantees, but such liability shall in no went include loss ofprofirs or loss of us. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puuchaer may make any changes to the teems. other Nora legal terms. including additions to m deletions from be quantities anginally mcbmad in the specifications or droc ugs, by vaWt an woman change Order. If any such change affects be amountmu due m be time ofperfonce hereundinfiltrate an adjustment shall be made. 6. TERMINATIONS. The Purchaser may in any time by wrinen change order, terminate this agreement as to any or all portions Of The good then not shipped, subject to any equitable adjuamen[ between be ponies as to any work err mammals then in p twit provided that be Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods O Who work, for iaeidmmt Or conaqueatial damages. and that am such dlustmrnt bea made in favor of the Seller with rapal to any goods which art the Sellers standard stock. No such ta..,.. shall thieve be Purchaser or be Seller of any of their obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adustment must Ite assured within thirty (30) days from the date the change or termination is ordered. B. COMPLIANCE WITH LAW. The Seller warmm Nm all goods sold hereunder shall have Even produced, sold delivered and fumisbed in mrim compliance with all applicable laws and regulations to which be goods we subject. The Seller shall execute and deliver such documents as may M required to effect 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 agrees to indemnify and hold the Purchaser harmless from all coats add damages suffered by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither prey shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior carmen consent ofthe Other pay. IRTITLE. The Seller warrants full, clear and communed title to be purchaser for all equipment, materials, and items fumishN in performance of this agreement, f cad clear of any and all few, resricnom, reservations, sau dy interem comadmuaces and claims ofothcrs. 11. NON WAIVER. Failure of the Purchaser to insist upon stria pwficamanm of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided lammin or by law, failure to promptly awtify the Seller in the event of. breach, the eca,. of or payment far goads haeuMer or approval ofthe design, shall not ralease the Srller of any of the wmmntiw or obligation, of this purchase order and shall not be, dvenned a x'aiow i f any right of the purchaser to insist upon stria performance hereof or any of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as to any prior or vibsequenl default haewdeq Or shall any purported Orel modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser malinis Nat an actual aspormic practice, crawshings, resulting from anrirtsst violations are in fact tome by the Purchaser. Theretofore, for good cause and as commutation for exerting this purchase order, the Seller hereby assigas to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular good or services puchase d or acquired by the Puchaer pursuant to this purchas order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IfNe Purchaer directs be Seller to comet nonconforming or defective goad by a date to be, agreed upon by be Purchaser and the Seller, and the Seller rummager indicates its inability or unwillingness to comply, be Purchaser may cause the work m be performed by the at expeditious mesas available m d, and the Seller shall pay all costs associated with oven work. The Seller shall releaw the Purchaer and its contractors of any tie from all liability and claims of any nature eulting from the performance ofsuch work. This release shall apply even in be were of fault of negligence of Ne parry released and shall extend TO the directors, mfl cers and employees ofsuch may. The Seller's contractual obligations, including warranty, shall not h deemed to be, reduced, in any way, became such work is performed m caused to be promarned by the Purchaser. 14. PATENTS. Manever be Seller is required to use any design, denim, material or powers mvaed by Lena, patent, trademark w mpyaighl, the Seller shall indemnify and save harmless the Puahser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection is be madmd, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of sun infringement at any time during the prosecution or after be completion of the work. In cam said ryuipmmt, or any pow thereof or be intended use of be good, a in such suit heed to constitute infringement anti be sea of said apartment or pact u enjoined, the Seller shall, at its own expense and m its option, either procure for be Purchaser be right to continue using said artificial at parts, replace be same with substantially equal had noninGanging equipment, or modify it sec it becomes noniNHvging. 15. INSOLVENCY. If be Seller shall became insolvent or baNtmpt, make an assignment for be benefit of creditors, appoint a receiver or amaee for any of the y Sellers propeor business, this order may forthwith be canceled by be Pur<b sir without liability. 16. GOVERNING LAW. The definitions ofterms used or the inna,mtaaion of the agreement and the rights of all parties hereunder shall be onamed under and govemed by the laws ofthe Sum of Colorado, USA. The following Additional Conditions apply only in cores where the Seller is to Perform work hereunder, including the services of Sellers Ramesenmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall may co said work at Sellers own risk until be same is fully mmplmd and acewred, and shall, in rose of any accident, destruction or injury to the work and/m materials before Sellers final completion and mceptince, complete be work at Sellers own expense and to the satisfaction of be Purchaser. When materials and ryuipmem me fimished by others for installation or erection by the Seller, be Seller shall receive, unload, score nand hmWle same at the rem and become realacamble bereft, as though such mmeriaB w ll ryuipmem were being furnished by be Sella under me order. 18. MSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease beneNs, in its employees employed on or in connection with the work covered by this purchase order, andon to their dependents in accordance with the laws of be state in which be work is to be done. The Seller shall also marry comprehensive general liability including, but Out limited to, courrammal and automobile public Liability imumroa with bodily injury and death limits of Or kind 530o,WO for any One perom, 5500,000 for any one accident and property damage limit Lief accident of S400,00d. The Seller shall likewise remain, his vadors, if any, m provide for such compensation and insurance. Before any of be Sella or his Connemara employees shall do any work upon the premises of others, %e Seller shall burnish be Purchaser with a cemifcem that such compensation and insurance have been provided. Such cenifrtams shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation suit insurance expires. The Seller spores that such compensation and wwrvnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire meponsibilily and liability far any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of be work provided for in this purchase order or in connection hamwith. The Seller will indemnify and hold harmless the Purchaser and any or ail of the Purchasers oRcers, .gems and employees from and against any and all claims, losses, damages, charges or exprmes, whether direct or indirm, oM whober to persons or pul eery to which the Pamhawr may be put Or sobjew by rmaan of any sat, action, mcglm, omission or default an be Loam of be Sella, any of his mntmctors, or any of be Sellers or contractors oRfrm, agents or employees. In rase my suit or other proceedings shall be brought against be Pumhaser, or its oihem, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of be Seller of any of his contactors or any of its or ,heir officers, agents or employees as aforesaid, the Seller hereby agrees to assume be defense thereof and to defend be same at be Sellers own expense, to pay any and WI casts, charges, attorneys fees and other expenses. any and all judgments but may be incurtM by or obtained against the Purchaser or any of its or their officers, agents Or employees in such suits or other proceedings, nod in case judgment Or other lien he plated upon or obtained against the property ofthe Patricia, or said parries is or as a reach of such suits or other Proceedings, be Seller will at ono wave flue more to be dissolved and discharged by giving bond or whass im. The Seller and his contractors shall take all safety precautions, famish and install all gumds necesvry for the Incaution 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 cl ales and regulations issued pursuant Rowan. Revisal 07n014