HomeMy WebLinkAbout459513 COLORADO CAB COMPANY LLC - PURCHASE ORDER - 9150558Fort Collins
Date: 01/23/2015
PURCHASE ORDER
Vendor: 459513
COLORADO CAB COMPANY LLC
ATTN: A/R DEPARTMENT
32245 COLLECTION CENTER DR
CHICAGO IL 60693-0322
PO Number Page
9150558 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 FORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 01/22/2015 Buyer: PAUL, GERRY
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.
THIS PURCHASE ORDER IS SUBJECT TO THE TERMS AND
CONDITIONS OF THE AGREEMENT BETWEEN THE CITY
AND VEOLIA TRANSPORTATION ON DEMAND, INC.
DBA COLORADO CAB COMPANY LLC, REFERENCE RFP 7315.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket P.O.
DAR 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.com
iniciS�163
1,234,598.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By samm the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Ceni0enw of Registry 84-6000587 is registered with the Collector of
In meal Revenue, Denver, Colorado, (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejectd. GOODS REJECTED due to failure to meet specifications, either when shipped oo due to domas of
damage in transit, may be comma to you for credit and am not to be replaced except upon oeucipt of written
insvuctimm from the City of Fort Coll im.
Inspection GOODS are subject a the City of Fort Collins inspection on mrival.
Final Acceptance. Receipt of the merchandise, savica or quipmrnt in response to this order can result in
amhorittd payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable natural inspection ptocedurea.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Ward St., Fort Collins, CO 80522, unless
otherwise slscifid on this order. If Fa,nission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will Out h accepted.
Shipment Distance. Where manufacturers have distributing points in carionat turns of the country, shipment is
expand from the meanest distribution point to destination, and excess freight will two deducted form Invoice when
shipments are made from greater distance.
Permits. Seller shall Famous at sellers sole cost all necessary, permits, ceninrvtes and licenses "mrN by all
applicable laws, regulations, on inancrs and rules of the state, municipality, territory or political subdivision where
the work is renowned, or rqulred by any other duly constituted public authority havingjurisdiction over the work
of candor. Seller fuller agrees to hold the City of Fan Collins harmless form cad agairst all liability ad lass
.cured by them by reason of an assured or established violation of any such laws, regulations, ordinances, rates
and oquimmards.
AuNorizatiov. All panic to this emmsel agree that the n Foarnative are, in fact, bona fide and possess full and
complete authmlty In bind said pxnies.
LIMITATION OF TERMS. This Purchase Order expressly limits acca,tanee to the toms and conditions stated
herein set foM and any supplementary or ddilional terms all conditions annexed baron, or incorporated herein by
reform«. Any addiman l m difyerent mom and codihm proposed by seller are objected to and herby ajectd.
2. DELIVERY.
PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete ship.., to amve on your
promised delivery date as noted. Time k of the examine. Delivery and performance must be, effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
lin iario , amepance.fpartial lam ddivaia, shall .,.to as a waisa i f Ws provision. In the even. of any delay,
the Purchaser shall have, in coition a other legal and a,uitable remedies, the option of placing 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 enaus not..My foresemble which are beyond its reasonable control and without its fault.froodigrnce,
such cm of God, acts ofavil or military calamities, govemmmml priondes, fire, strikes, Road, epidemics, wars or
riots providd that notice of dre conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Sella Ross rumored knowledge thereof. In the exact of my such delay, the dam of delivery shall h
extended for the period actual to the time araNly lost by reason of the delay.
3. WARRANTY.
The Seller wamoss four all goods, articles, nationals ad work coverall by this order will conform with applicable
dawings, specifications, samples andlm usher damipriom given. will h lot for the porper. intended, and
performed with the bigbet degree of care and competence in accordance with acceptd nandards for work of a
woman nature. The Seller agree m hold the purchaser hamdess firm any loss, damage or expene which the
Purchaser may suffer or incur on account ofthe Sellers broach ofwananty. The Seller shill replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within inch longer period of
time as may be prascrihd by law or by the lens of any applicable .1, provided by the Seller after the date of
acceptanu of the good Unshod hereunder paraphrase ran to h unreasonably doloyN), resulting from imperial
or defective work dare un materials motorboat by the Seller. Acceptance or ass of goods by the Purchaser shall Out
condiane a waiver army claim wider this waomnry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately eased by the breach of any of the foregoing warranties
or guwx mes, but such liability shall in no event include loss of profia or lass of toe. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changesto to,] .. by wriam change ode.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make nay changes to the toms, other than legal rertm, including additions to or deletions loam
the meadows originally ordered in foe specifications or drawings, by verbal or wriucn change order. If any such
change affects the amoant due or the time of perfomance Immander, an qumble Njustmrnl shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wring change under, nonunion. this agreement m no any or all portions of the
goods then not shipped, subject or any cauitable adjustment Monson the panics as to nay work or materials then in
progress provided that the Purchaser shall not No liable for any claims for anticipated profs on the uncompleted
portion office goods mWor work, for incidatd or consequenfial damages, all that no such djmtmmt be made in
favor of the Seller with respect to any good which are the Sellers social stock. No such termination shall tolieve
the Purchasor orthe Seller crony oftheir obligations as to any goods delivered hereunder.
]. CLAIMS FOR AD3USTMENT.
Any claim for adjustment most be acaned within thirty (30) days from the able the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hemwder shall have ban produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods on, subject. no Seller shall execute and
deliver such documents as ray be rapored to effect or evidence compliance. All laws and regulations minimal to be
incorporated in agreements of this character are hereby incorpetc herein by this reference. no Seller agrees to
indemnify and hold the Purchaser harmless form all costs and damages suffered by the Pumhascr as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrinm cement of the other party.
10. TITLE.
The Seller warrants full, clew and unresmctd title to the Purchaser for all quipmeat, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
camise
any rights or comedies provided herein 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 hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral mach location or remission of this purchase order by the Purchaser operate as a waiver of any of the tcross
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antibmt
violations are in fct home by the Purchaser. Theretoforefor good cause and as consideration for executing this
purchase coda, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under !Neal or sans outmost st laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dimca the Sella to coma nonconforming or dewaive goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller then after indicates its nubility or unwillingness to comply, the Purchaser
may cause the work to h pert d by the most expeditious mean available to it, and the Seller shall pay all
costs assocutd with such work.
The Seller shall release the Purchaser and its contractors of any tier, form all liability and claims of any nature
euhing from the performance attach work.
This release shall apply even in the event of fault of negligence of the pans rolonsed and shall extend to the
directors, o 1was and employees fsuch party.
The Sellers coatmnual obligations, including warranty, shall not be dermd to h reducd, in any way, because
such work is performed or caused to h performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lento patent, tademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any all all claims fir infringement
by ¢anon of the me of such poterted design, device, material or Encomia in connection with the contract, and
shall indemnify the Purchaser for any and, ca,. or damage which it may be obliged an pay by reason ofsuch
infringenwnt at any time during the prosecution or after the completion of the work. In case said equipment, or
any put thereof or the intended use of the goods, is in such suit held to comtime infringement and the use of
said quipment 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 substantially equal but
noninfnnging equipment, or modify it sat it become noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or hardtop, make an assignment far the bereft of creditors, appoint a
or uua m for any of the Sellers property or business, Nis order may forthwith he canceId by the
Purehmer without liability.
16. GOVERNING LAW.
Thedefinitions ofterms used or the intoupwation ofthe agreement and the rights ofall parties herenda shall b,
command under and gencemed by the laws of the Sam.(Colorado, USA.
The following Additional Continuum apply only in rues where the Seller u in perform work hereunder,
including the services of Sellers Repoeemative(s), on the premises armors.
17. SELLERS RESPONSIBILITY.
The Sella shall carry an said work of Sellers own risk until the same u fully completed and accepted, and shall,
tie of any accident destruction or injury an the work arrNor materiels befaw Sellers fool enmpletian and
acceptance, complete don work at Sellers own expense and to the satisfction of the Purchaser. What materials
and quipmnr are burnished by others far installation or ereaian by the Seller, the Sella shell morce, unbind.
store and hurdle same at the site and become mEomible therefor w though such materials andfor equipment
were ping f firmhd by the Sella under the other.
19. INSURANCE.
The Seller shall, to his own expense, provide far the payment of workers compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by Us purchase oiler,
andtor to their dependents in accordance with the laws of the sate in which the work is to be, done. The Seller
shall also carry campfehensive papa] liability including, but not limited a, contactnal and amomabile public
liability imuance with bodily injury and oath limits of at least $300,0010 for my one person, S500,000 for any
one accident and pmpary damage limit per accident of 5400,000. The Sella shall likewise argon his
contractors, if any, a provide for such compensaion 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 ttnifiewe
doer such compcuetion and iuumnee hove been pmvidd. Such comflowes shall specify the date when such
compensation and insurance have been provided. Such anifmres shall specify the date whin such comp, marina
and instance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completd all accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury, of any kind
or natwo whmsmxr to persons or properly caused by or resulting fans the execution orate work provided for in
this purchase Omer or in connection herewith. The Seller will indemnify and hold harmless the Purchase and any
r 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 property to which the Purchaser may
NO put w subject by reason of any act, action, rn to a, omission or default oa the pan of the Sella, any of his
contactors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other
proceedings shall be brought against he 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 ague to assume the defense thereof and to
defend the same at the Sell. own expense, to pay any and all casts, charge, intomcys fees and othercxpcnscs,
any and all judgments that may be incurred by or obtained egaimt 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 progeny of the Purchase, or said panne in or as a result ofsuch suits or other proceedings,
the Seller will at once couw the same to be dissolved and discharged by giving bond or otherwic. The Seller and
his contractors shall take all safety precautions, Burnish and install all gonad necessary for the prevention of
accidents, comply with all laws and regulation, with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant them,.
Revised 07=14