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HomeMy WebLinkAbout103440 CARE-A-VAN/ SAINT INC - PURCHASE ORDER - 9150435City of Flirt Collins Date: 01/16/2015 Vendor: 103440 CARE -A -VAN / SAINT INC 333 W DRAKE RD STE 42 FORT COLLINS CO 80526-2883 PURCHASE ORDER PO Number Page 9150435 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 CO 8052 Delivery Date: 01/16/2015 Buyer: WILSON, JILL Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 Local Fund Contribution Inv FC2015-1 dated 1/9/15 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.mm 1 LOT LS 40,000.00 Total $40,000.00 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 from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colom 1, Revised Statutes 1973. Chapter 39-26, 114 (a). Grads Rejected, GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in to sit, may be resumed to you for credit and are not to be replaced except upon receipt of written instructions from the City or Fort Collins. Inspection. GOODS we subject to the City of Fon Collins inspection on arnval. Final Acceptance. Receipt of the merchandise, services r ryuipmem in response to this order can result in authorized perform on the part of the City of For, Collins,CHowever, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable rryvired inspection procedures. Freight Terms. Shipments test be F.O.D., City of Fort Collins 900 Wood St, Fiat Collins, CO 80522, ..It. otherwise specified on Nis order. if permission is given to prepay freight and charge sepammly, the original freight bill must aceomwnv invoice. Additional .hones far eackina will not be accented. Shipment Distance. More 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 from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers to cast all na., pewits, cenificatas and flowers, tryuired by all applicable laws, regulations, oMiwnces and tales of the sure, municipality, territory or political subdivision where the work is performed, or imported by any other duly concluded public authority havingjurisdiction over the work of vendor. Seller further agrees to hold Or City of Fort Collins harmless from and egoist all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, tales —domain, .. is Autl dmtion. All parties to this contract agree that the repauntatives art, 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 arrd macrons shoed herein set form and any supplementary or additional forms and conditions amexed hereto or iecopomted herein by reference. Any additional or different terms and conditions proposed by miler see objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o arrive on your promised delivery date ex noted. Time is of fro csscnce. Defect, and performance mast be elTecmd within the time sated on the purchase order and the documents attached hereto. No vets of for Purchasers including, without limitation, i cemPreare of partial late deliveries, shall opens as is waiver of this pro ..uses. In the ruse of any delay, me Purchaser shall have, in addition to other legal and equitable remedies, roe option ofpfcing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a result of delays due m causes not reasonably foreseeable which am beyond its reasonable control aed without its fault of negligence, such sues of Gad, was of civil or military authorities, goversmcotal priorities, Gres, strikes, flood, epidemic, wars or not, prsided rat notice of the combatant in, such delay is given to me Purchaser within fee (5) days of the time when me Seller fast received knowledge meant In the event of any such delay, she dam of delivery shall be extended for the period ryna1 o fire time mercury lost by reason of the delay. 3. WARRANTY. The Seller waraw, that all goods, articles, materials and work covered by this order will contort with applicable drawings, specifications, samples avJ/w other descriptions given, will be fit for the purpose intended, and performed with the highest degree of are and compnence, in accordance with ncepted swdard fro work of a similar nature. The Seller agrees to hold the purchau, fatless from any lass, damage or expose which the Purchaser may sulT or rocs on rac um of me Sellers breach of wewary. The Sella shall replace, repair or make good, without cost to the purchaser, any defects in faults missing within one (1) year or within such longer proud of date m may be ptcseaibed by law or by me terms army applicable wanmrry, provided by the Sella after the date of ine,da ice of the Goods famished hereunder (cceptanw not to be untessowbty delayed), resulting from imperfect or defective work done or materials tarnished by the Seller. Acceptance or tau of goods by me purchases shall mot wmtimm a waiver ofany claim under this warrmty. Except as otherwise provided in this purchase order, me Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties of guarantees, but such liability shall in no event include loss of profs or loss of se. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purefer may make changes ro legal terns by women change order S. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes to me firms, other then legal terms, including addirioas to or deletions from the quantities originally ordered or me sprafiation, or drawings, by vassal or wrinen change order. If any such change affeets the amount due or the time ofpefformame hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change aides, lawrate this agreement as to any or all whors of the goods den not shipped, subject to any ox iable adjaswenr berwxrn me parties as to any work or nationals then in progress provided rat me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of me goad mdtor work, fro incidental or cosaryemial damages, and that no such adjustment be made in favor of the Sella who respect to any goods which am the Sellers shnda i stock. No such termination shall relieve me Purchaser or rise Seller of any of their obligations as to any good delivered hereunder. Z CLAIMS FOR ADIUSTMENT. Any claim for adjustmrm must be normal within thiM (30) days from the dam the change or mrmination is ordered. R CONTL1ANCE WITH LA W. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regularims to which the goad arc subject. The Sella shall execute and deliver such documents us may be natural to effort or evidence compliance. All laws and regulations required to be incorporated in agreements of this character art hereby incorporated herein by mis reference. The Seiler agrees to indemnify and hold me Purchaser harmless from all costs and damages suffered by me Pachser 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 remain consent ofthe other party. 10, TITLE. The Seller warrants Bill, clear and uninstructed title to the Purchaser for all equipment, materials, and items famished in performance of this ageemmt, free and clear of any and all lies, restrictions, reai'mmun, mainly interest encumbrance and claims of other. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hermf, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor pays nt for goods hereunder or approval afNe design, shall not mime the Seller of any of the warranliw or obligations of this purchau order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance here rfor any of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purposed oral modification or remission 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 recognize that in actual economic resulting practice, overcharges from antitrust violations are in f a t home by the Purcher. Thercmforefogood cause and as consideration for roaming this purchase order, the Seller hereby assign, to the Purchaser any and all claims it may now have or hereafter acquired under foram) or sum antionst laws for such overehargea relating to the pacificator goods or services purchased or acquired by the Purchaser pursuant to this purchau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller meteofar indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available m it, and the Seller shall pay all casts associated with such work. The Seller shall mime me Purchaser and its contractors of any tier from all liability rid claims of any oamre resulting from dm Performance ofsuch work. This reloau shall apply even in the event of fault of negligence of the parry released and shall extend to do, direetors, officers and emplayers of such party. The Sellers Comm lied obligations, including warmnry, 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 me Seller is required to use any design, device, material or process covered by lever, patent, trademark or copyright, m, Seller shall indemnify and wave fatless the Purchaser from any and all claims for infringement by rem of the use of such paomted design, device, material or pmwss in communist 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 in any time during the transaction or abler tar completion of the work. In case said ryuipmmt or any pan thereof of the intended use of the goods, is in such suit held or evastimm infringement and the use of mid equipment we pan is enjoined, the Sells, shall, at its own expose and at its option, cider procure for the Punctuator tbe right on continue using said equipment or pans, replan de rime with substantially qual but noninffnging equipment, n modify it sa it becomes noninGnging. 15. INSOLVENCY. If me Seller shall become insolvent or bmkmpL make on assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, dis maker may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, arm. used or she interpretation afNe agrtemem and the righh.fall panics bertttmer shall be oastmed under and governed by me Laws of the Sae ofColood., USA. The following Additional Conditions apply only in woes where the Seller n in pert work hereunder, including the servics ofsellera Reprtswtative(s), on the premise ofomm. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers awn risk until the same is fully compleral and accepted, rind shall, in race of any accident, destruction car injury to the work Wrw materials before Sellers fwl completion and acceptance, complete the work at Seller's own expense and to the woisfanion of the Purchaser. When materials and ryuipmem are famished by others for installation m erection by the Seller, me Sella shall receive, reload, some and handle same at the site and become responsible therefor as sough such materials endear equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for me paymar of workers compenation, including occupaliorel disease benefits, to its employees employed on or in connection with the work covered by this purehase order, trial to their dependents in accofdace with she laws of the state in which de work is to be done. The Seller shall also arty comprehensive gcncml liability including• but not limited m, conwctied and automobile public liability insurance with bodily injury and death limits afar lean $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise rryuire his mntmcmrs, if any, to provide for such confirmation and insum¢e. Before any of me Sells or his contractors employees shall der any work upon the premises of others, the Seller shall fmish the Purchaser with a certificate that such compensation and insurance have been provided. Such eenifnentes shall spr iy the date when such compensation and announce have been provided. Such cenifcate shall specify the dto when such compensation and insurance cataract. The Seller agrees that such comperwtion and Resonance shall be maintained until under de entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire repomibilay and liability for any and all damal Ise, or injury of any kind or nature whosoever to person, or property caused by or resulting from the execution of the 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, lasses, damages, charges or expenses, whether di eet or inducer, end whome, m parmas or Imps, m which the Purchaser may be put or subject by rwson of any act, action, neglect, omission or default on the Wn of the Seller, any of his convenors, or any of the Sellers or contractors officers, agents at employees. In eau any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time on account or by lesson 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 me defense thereof and to defend the same at the Sellers own expense, to pay any and all owes, charges, attorneys fees and other expenses, any and all judgments flat may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pmceedirp, and in was judgment or ofer lien be placed upon or obtained against the property of me Purchaser, or said parties in or as a earth of such sums or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving band or otherwise. The Seller end his convectors shall take all safety precautions, famish and isull all guard summary for the pfeveelion of accidents, comply with all laws and regulations with regard in watery including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 0912014