HomeMy WebLinkAbout281678 HEIMBUCK DISPOSAL - PURCHASE ORDER - 2208587City of Fort Collins
Date: 12/18/02
Purchase Order Number: 2208587
Delivery Date: 01/01/03 Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 lot Hauling service - Xmas Tree
Recycling Program, per Bid #5755.
of Fort Ggiffiny Director of Purchasing and Risk Management
order Is rholhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580
Phone: 970-221-6776 Fax: 970-221.6707 Email: info@ci.fortcollins.co.us
11,340.00
Total 11,340.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
1. COMMERCW. DETAILS.
Invoice Address. To enure prompt Payment mail invoices in duplicate to
City of Fort Collins Accounting Division
P.O. Box 590
Fort Collins. CO 80522
Tax exemptions. By nature the City of Fort Collim is exempt from state and local coxes. Our Exemption Number
is 98-04502. Federal Excise Tax Exemption Certificate ofAegist, 84-600058/ is regional with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Gonda Rejected. GOODS REJECTED due to failure to, area specifications, either when shipped or due to defects
of damage in brawn, may be returned to you fen credit and arc non to be replaced except upon receipt of sorrow
imrudOns Own the City of I. Collins.
Inspecrim. GOODS are subject to the City of Fort Collins inspection can arrival.
Final Acceptance. Receipt of the niachoud t e, savior. equipment in response w this order an result in amhoixd
payment on she part of me City of Fort Collins. However, it is to be mderssasd that FINAL ACCEPTANCE is
dependent upon completion of all applicable textured impMim prmodura.
Freight Terms. Shipments men No F.0 R., City of Fat Collins, 700 Wood St, Fort Collins, CO 80522, unless
oshawim specified on this codes.
If Foramina is given to prepay Height and charge separately, the original freight
bill matt excomParty invoice. Addifi.wl chmga fen packing will not h accepted.
Shipment Distance. Wham manufacturers base dambuting points in various pans of the country, shipment is
expected from the wren distribution point to destruction, and excess freight will In deducted from Invoice when
shipments are mede from greater distance.
Pewits. Sella shall procure a sellers sole cost all memory pernits, certificmee and homes required by WI
applicable laws, regulations, ordinances and cola of the state, municipality, earimay or political subdivision where
the work is performed, or required by my other duly coosfirde ipublic authority havingjmiadicaon overthe wok
of vendor. Sella Emma agree to hold the City of Fort Collins ha ndas from and against WI liability and lass
incurred by them by mesonan of warted or established violation of any each laws, regulations, Ordinate" cola
and re,tiremwa.
Authmiestiot. All parties In this convan agree that the representatives ere, in fact, born fide and passes full and
complete authority w bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits accepan. to the tams and conditions stated
heron art forth and my supplementary or additional tams and conditions annexed hereto or incorpnmsd herein by
reference. Any additional or different tam and conditions propmed by sella are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASINGAGENT immediately ifyou cannot make complete shipment to arrive on your
Formal delivery date as noted Time is of the ascot.. Delivery and part... must be effestd within the time
stated m the purchase ode and the documents aoached hello. No acts of the Pumbnsna including, without
limitation, amce a of partial law deliveries, sbal operas as a waiver ofmis provision In the event of any delay,
the Purchase shall have, in addition to other legal and equitable ranedia, the option mplacing this order elsewhere
and holding the Sella liable for damages. However, the Stier shall non be liable for dannaga as a result of delays
duc In caums not matemably foeesmable which are beyond its reasonable contrd and without its fault magligence,
such acts of God, acts of civil a military anthoritia, governmental Incomes, fires, strike, Rood, epidemics, was
or tins Provided that notice of the conditions causing such delay is given w the Pmchsa within five (5) days of the
time when Roo Seller first manned knowledge thereof In the event of my such delay, the time of delivery shall be
extended for the period equal to the time small, lost by ream of the delay.
3. WARRANTY.
The Sella wamnts that all goods, articles, materials and work covered by this order will conform with applicable
drawings, apaifiations, sampla and/or aher descriptions given, will be fit for the puryma intended, and performed
with the highest degree of art and competence in a cordmce with anaped sumbada far work of a similar nature.
The Seller agrees to hold the purehwer harmless from any Ims, damage or expense which the Purchaser may suffer
or incuronaccountofshe Sallee branch of warranty. The Sella shall replace, repair or make good, without cat to
the purchase, my defects or faults arising within one (1) year or within such longor period of time s may be
prescribed by law or by the tame of my applicable warranty Provided by the Sella after the date of acceptance of
the goods fumishd haewda (excopmce not In be mreswably delayed), resulting from imperfect or defective
work done or materials famished by the Sella. Acceptance or me of goods by the Pmchsa shall not constitute a
giver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability
hereunder shall extend to all damages proximately tamed by the breach of any of the f axgdng warranties or
gueanmm, Not such liability shall in as, event include Ims ofpmfia or loss of me. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make clumps w legal tams by wmtrn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the tams, other than legal trow, including addition to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such
change affects the amount due m the fime of performance heeunda, w yuimble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may a my time by wriren charge order, laminate this agreement as to any or WI Funiom of the
goods then not shipped, subject w my a u able sometimes between the peas as to my work or materials thm in
Progress provided than the Purchases shall not be liable for my clams for anticipated profits a the uncompleted
portion mthe goods card. work, for incidental or comequ atial damages, and that m such adjustment be made in
favor ofthe Sella with respect to my goods which ere the Sellers standard nook. No such uncommon shall relieve
the Patches. Or the Sella of my of then obligations. to my goods delivered haemde.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment rruM the assmd within thirty (30) days from the date she change orteminstion is ordered
8. COMPLIANCE WITH LAW.
The Sella warrants that all goads sold heremda shall have barn produced, sold, delivered and famished in stria
compliance with WI applicable laws and regulations to which the goods are subject. The Sella shall execute and
deliver such documents as my be required to effect or evidence compliance. All laws and regulations required to
h incorporated in agreements of this chaact n ere hereby mcoryowted herein by this reference. The Sella agrees
to indemnify and hold me Purchaser harmless from all cots and damages suffered by the Pmchasa as a rcaWt of
me Sellers failure to comply wish such law.
9. ASSIGNMENT.
Neither pent' shall ®sign, transfer, or convey this mda, or, my mania due or to become due ham des without the
prior written content of the other petty.
10. TITLE,
The Sella warrants full, clear and mans icted title to the Puncheon for all equipmnt, naeim, and items furnished
in Performance of this agreement, free and clear of any and all limn, msrfaims, reservations, security interest
wcurmamces and claims of others.
I I. NONWAIVER.
Failure of the Purchase to ivies upon stria performance of the teens and conditions hamf, failure a delay to
exercise any rights or remedies provided herein or by low, failure to promptly notify the Sella in the event of a
breach the acceptance of or payment far goods heeunda or approval of the deign, shall not ohnsm the Sella of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
purchaser to insist upon strict performance hereof or any of is rights or remedies as to my such goods, regardless
of when shipped received or accepted, as to my prim or subserum[ default hereunder, nor shall my putponed oral
modification a rescission of this purchase order by the Purchva operate as a waiver of any of the terns hermf
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recngni. Nat in actual economic practice, overcharge resulting from armum violations
are in fact bane by the Purchaser. Thaewfine, for good mate and an cormdered. for exmuting this Purchase ands,
the Sella hereby assigns to the Purchase any and all claims it may now have or hereafter acquired under feferal a
scam summer Two for such overcharges relating to the particular goods or services purchased or acquired by the
Purchase pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to core« nonconforming or defective goods by a dam to be agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it and the Sella shall pay WI ones
associated with such work.
The Sella shall release the Purchser and its cortmomrs of my tier from all liability and claims of my nature
resulting from the performance of such work.
This release shell apply even in the event of fault of negligence of the party released and shall extend to the threcwrs,
officers and employees of such party.
The Sellers cwtacNal obligations, including warranty, shall not be doormat h reduced, in my way, because and
work is performed or caused to be prformed by me Purchsa.
14. PATENTS.
Whenever the Sella is res Bred to we any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and rove harmless the Purchaser tram any and all claims fen infringement
by reason of the me of such patented design, device, material or Process in comectim with the contract, and shall
indemnity the Purchase fins my cost, expense or damage which it may be obliged to pay by resson of such
infringement a my time during the pwecution or after the completion ofthe work. In core said equipment, or my
par Hereof m the intended two of the goads, is in such suit held to constitute infringement and the use of said
equipment or par is enjoined, the Sella shall, a its own expense and a its option, either procure for the Purchaser
the right to continue wing said equipment or pans, replace the sane with wbamfially equal but non -infringing
equipment, or modify it so it becomes non -infringing.
15, INSOLVENCY.
If the Sella shall become insolvent or bankmp make an assignment for the benefit ofaethtors, appoint a receiver
or ounce for any of the Sellers property or business, this Order may fonhwim be, canceled by the Punctuator without
liability.
16. GOVERNING LAW.
The definitions of terms wed or the interprom on of the agreement and the rights of all patties hamader shall to,
construed coda and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in taus where the Sella is to perform work hereunder, including
the services of Sellers Repaentativ.(s), On the pounian of others.
IZ SELLERS RESPONSIBILITY.
The Sella shall carry on said work a Sellers own risk mti1 me same is fully completed and excepted, and mall, in
core of my accident, destromon or injury to the work and/or materials before Sella'. final completion and
acceptance, complete the work a Sellers own expense and to the sawfextion of the Purchase. When esectiele and
equipment are famished by omen for installation m maim by the Seller, the Sella shall receive, mload, owns and
handle same at the site and become responsible therefor a though such materials and/or equipment were being
furnished by me Seller under the mda.
18 INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupation.]
disease basins, to is employees employed on or in mmection with fie work wvad by thin purchase order, cd/m
In their dependents in accordance with the 1. of the news. In which the work is to be done. The Sella shall also
tarty comprehensive general liability including, but not limited to, contrmtuel and automobile public liability
insurance with bodily injury and death limits of a least $300,000 for my me prow, $5W,000 fen my one accident
and property damage limit per accident of $400,000. The Seller shall likewise require his emtrexwrs, if my, to
Provide fen such compematim and asumnce. Before my of the Sellers or his cantram rs employees shall do any
wank upon the premise ofodua, the Sella shall furnish the Purchaser with a cerafimte that such manpower. and
imumme have barn provided. Such ceoificea shall specify the daze when such compensation and maximum, have
barn provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella
agrem that such compensation and insurance shall be maintained mtil after the entire work is completed and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes me more responsibility and liability foamy and WI damage, loss or injury of any kind
or nature whatswever to person or Property caved by or malting from the execution of me work povidd fen in
this purchse order or in connection herewith. The Sella will indemnify and bold hamlet me Purchaser and my
or all ofthe ]9nchaea offices, agents and employees from and agamt any a l all claims, losses, damages, charge
or expenses, wheba direct or indirect, and whether to Favors or property to which me Purchaser may he put or
subject by renw of any act, salon, noda , omission or default on the pan of the Seller, my of his wntracwn, or
my of me Sellers or comments officers, agents or anvlcyea. In case my suit or other proceedings shall be brought
against On, Pur6ma, or is offices, an or employees at my fime on account or by reason of my ant, action,
neglect, omission or defoult ofthe Sella of my of his causams or my of is or their officers, agents or employees
as aforesaid, the Sella hereby upon to sa. me defense thereof and w defend the same a the Sell. own
expense, to pay my and WI cots, charges, momeys fen and oma expenses, my and all judgments that may be
uncured by or obtained spinet me Pmchwerm my of is or men .11 cos, agents or enployva in such in or time
proccodings, and in cam judgment or other lim be placed upon or obtained against the property, of the Ptexhater,
or said panic in or as a moult of such saw or oma paeedings, me Sella will as Once came the stew w be
dissolved and dischagal by p mg bond or omerawe. The Sella and but ccntrmwrs shall coke all today Famous.,
fiunish and install WI goads necessary for the pmmtim of accidents, comply with all laws and regulations with
regard to safety including, but wimwt limitation, the Ocmpta oral Safety and Realm Act of IWO and all rule and
regulations iaud pursuant thereo.
Revised 11/9