HomeMy WebLinkAbout281675 HEIMBUCK DISPOSAL - PURCHASE ORDER - 2208587Date: 11/13/03
City of Fort Collins
Page Number: 1
City of Fort Collins
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 Oty/Units Description Extended Price
2 1 LOT 2,700.00
ADDENDUM TO PO #2208587
(REQ #17975)
HAULING SERVICE; CHRISTMAS TREE DROP-OFF/RECYCLING PROGRAM
PER BID 5755 RENEWAL FOR 2003 CHRISTMAS SEASON.
Total
This order Is rlolhalid 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: 970-221.6775 Fax: 970.221.6707 Email: Info@ci.fort-collins.co.us
$2,700.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
Purchase Order Terms and Conditions
1. COMMERCIAL DETAILS.
Invoice Address. To =me pronist Payment mail invoices in duplicate to
City of Fat Collins Accounting Division
P.O. Box 590
Fort Collins, CO 80522
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number
is 98-04502. Federal Excise For Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Intemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to mean specifmmam, either when shipped or due to defects
of damage in trmsit may be rammed to you fa alit and are non to be replaced except upon receipt of written
instructions from the City of Pon Collins.
hapectian. GOODS me subject to the City of Fort Collins inspection an arrival.
Final Acceptance. Receipt ofthe merchandise, navies, a equipmt in respme to this order can ra ft in aNaizd
payment an the part of the City of Fat Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of WI applicable required inspection procedures.
Freight Trans Shipments mum be F.O.B., City of Fort Collins, 700 Wood St, For Collins, CO 80522, unless
otherwise specified on Nis cent. IfparWnion is given to popsy freight and charge separately, the od' ill freight
bill matt aecompmy invoia. Additional charges fa poking will net be accepted.
Shipment Distance Where mmufecturers have distributing points in vanom pars of the country, shipment is
expected from the namt distribution point to deatindan, and excise freight will be &ducted from Invoice when
shipments; are made Earn greater distance.
Pests. Sella shall procure at sellers sole cart e]l necessary permit, cenificaes and licenses required by all
applicable laws, regulation, ordinances and roles ofthe sate, municipality, tarimry or political subdivision where
the weak is performed, or reclaims by my other duly amounted public authority having jurisdidon over the work
of vendor Sella fiulher agrees to held the City of Fort Collies harmless from and against of liability and loss
incurred by than by reams, of an moment or an ilisM1s violation of my such laws, regulations, ordinances, roles
and requirement.
Authonauon. All panic in this contract n8ree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said patties.
LIMITATION Of TERMS. This Purchase Order mpessly limits acceptance to the term and conditions stated
herein sec forth and my supplements, or additional terra and conditions annexed hereto or incorpomtd herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby .ejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to s nve on your
Promised delivery date m noted Time is ofthe coma. Delivery and performance matt be effected within the time
stated an the purchase order and die documents attached hereto. No acts of the Purchases including, without
liminsion, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the even of any delay,
the Purchaser shell have, in addition 0 sher legal and egisble remedies, the option ofpscing this order elsewhere
aid holding the Sella liable for damages. However, the Sella shall as be liable for damages as it small of delays
due to most not reasonably fniu eahle, which are beyond its reasonable cmaol and without is fault of negligence,
such mns of God, act of civil m milimay athahis,, govermn.nl Frimines, firm, strikes, Bond, epiMWa, want
or fins provided No notice ofthe conditions coming such delay is given to the Paclmer within five (5) drys ofthe
time when the Sella fiat received knowledge thereof In the event of my such delay, the due of delivery shall be
extended for the period cloud to the time actually lost by reason of the delay.
3. WARRANTY.
The Sells wantss tho all goods, articles, materials and work covered by this order will conform with applicable
drawings, spmifis,tiats, sarWles and/or other descriptions given, will be fit for flue impmm intends and perfunned
with me highest degree oars and competence in accordance with accepts standards fa work of a similar nature.
The Sella agrees to hold the purchma hamlets from any Ions, damage or expense which the Purchaser may offer
or inch an income ofdre Sellers breach ofwarraty. The Sella shall replace, %open n make good, without cast to
the purchases, any defect or fault arising within one (1) year m within such imga period of time m may be
prescribed by law or by the term of any applicable warranty provided by the Sella after the date of acceptance of
the gods furnished hereunder (acceptance nor to be unreasonably delayed), remelting from imperfect or defective
work done or materials furnished by the Seller. Acceptance or use of goads by the Purchmer shall not constitute a
waiverodany claim under this warranty Except m othawisc pavidd in this purchase order, the Sellers liability
hereenda shall stand to all damages proximately camel by the breach of my of the foregoing waranties or
,amens,, but such liability shag in no event includes loan ofpmfits or loss infuse NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase may, An changes to legal tame by with. change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchases may make my changes to the terns, other ohm legal turns, including additions to in dolmans from
the quantities originally ordered in the specifications or drawings, by verbal or wnhm change order. If my such
change affects the anent due or the time of pafommce hereunder, an equitable adjournment shall be made.
6. TERMINATIONS.
The Purchase, may a my time by wrimm change order, teminahe this agreement se to my or all potions of the
goods tarn net shipped, subject w my alienable adjustment between the parim m to my work or materials then in
progms provided that the Purchases shall not be liable for any alaiens for anticipated profit on %e uncompleted
portion ofthe goods =&n work, fa incidental or consequential damages, and thin no such adjustment be made in
favor ofthe Sella with aspect to any goads which are die Sellers standard stock. No each tmittim shall relieve
the Purchaser or the Sella of my of their obligations m to my goods delivered hereunda.
). CLAIMS FOR ADJUSTMENT,
AM Weiss f adjustment most be assert within thirty (30) days from the daze me charge or nomination is ordered.
8. COMPLIANCE WITH LAW.
The Sella wants the all goods cold marmada al It have been produced. sold delivered and furnished in stria
compliance with all applicable laws and regulations to which the goods ere subject, The Sella shall execute and
deliver such docummn as may be required In offset or evidence compliance. All laws and regulations requird to
be incorporated in agreements of this am ma am hereby Inca maned M1aem by this rcfaeam. The Seller agrees
to indemnify and held the Purchmer hmnles fimn udl coats and damages suffered by the Purchaser as a result of
the Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither petty shall assign, tmsfer, or ."is order, m my monies due or in become due hamster without the
Fiat written commit ofthe other party.
10. TITLE
The Sella wants fall, clew and unrestricted title to the Purchaser fa all equipment nmaials, and item furnished
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 Purchases to imist upon ears performance of the lamb and conditions hamf, failure a delay to
comments any rights or remedies provided herein or by law, failure no promptly notify the Sella in the event of a
breach, the acceptance of or payment for goods hereunder in approve] athe design, shall nor names the Sella of
any of the warranties in obligations of this purchase orda and shall not be deemed a waiver of my right of the
purchaser to insist upon strict peWorrmnce hereof or my of in rights a remedies as to any such goads, regardless
of when shipped, received or accepted in w my pia or subsequent default haemrder, nor shall any purported meal
modification a rescission of this purchase coda by the Punctuator operate as a waiver of my of the terms harmf
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purolator raognis that in actual economic practice, overcharges restating tram antitrust violations
ere in fact bane by the Purchaser Theretofore, fa good mesa and m mrsidmrion fa coming this puchsee order,
the Sella hereby anigm in die Prolamin my and all claim it may now has in hereafter acquired under fderul or
more amount laws fa such overcharges relating to the particular goods n services purchased or acgalred by the
Purchma pimento to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dire. the Sella to correct nonconforming or dsfective goods by a date to be agreed upon by the
Purchase and the Sella, and the Sella thamfter indicates in inability a unwillingness to comply, the Purchaser
may came the work to be Performed by the come expedliom means available in it and the Sella shall pry all can
mmciatd with such weak.
The Sella shall release the Parchmm and is contraam of my her from all liability and claims of any nature
resulting from thc performance of such work.
This relome shall apply even in the event of fait of.,ligma ofthe party released and shall extend in the dircsots,
.Mo. and employees of such parry.
The Sellers contractual obligations, including warranty, shall net be dean& to be reduced, in my way, became such
work is performed or tamed to be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to nse any design, device, material or process covered by Inver, patent, trademark
or copyright the Seller shall indemnify and save sonless the Furtherer from my and all claims fa infringement
by reason of the me of such Issemed design, device, material or process in comavon with the contract, and shall
indemnify the Purchase fa my cast =Mae oe damage which it may be obliged to pay by reason of such
infin gmmt at eery time during the pmucutim m ant the canplesim of the wok In cme said alWMmt or my
pan Hereof pan
intended me of the shall, is in arch suit held w constitute infringement end the Pi of said
equipment c pet is enjoined, the Sella shall, a is own ace the and s is option, tithapocure for the PncM1mer
equipment,
right to continue it so said equipment aremrin pars, replace the same with substantially taus but non -infringing
equipment. m modify it so it becomes non-infinging,
15. INSOLVENCY.
If the Sella shall Immune insolvent or bankrupt, make an assignment for the benefit of sections, appoint a receiver
or matte for my of the Sellers property, or bminam, this orda may forthwith be canceled by the Pachmer without
liability.
16. GOVERNING LAW.
The definitions of hems used or the interpretation of the agccment and the rights of all Food cm hereunder shall be
constmed under and governed by the laws of the Stec of Colorado, USA.
The following Additional Conditions apply only in cam where the Sella is to perfsnn work hamunda, including
the services of Seller Aepresentstive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
no Sella shall carry an said work at Seller's own oak atil the same is fully completed and moors and the]l, in
care of my accident destmction or injury in the work and/or nmen ds before Sellers final completion and
accptace, complete the work at Sellers own expms and to the satisfaction of the Purchases. When materials and
equipment arc fumthd by others for imtallle on or oration by the Sella, the Sella shall receive, sins, also and
handle same at the site and become responsible therefor m though such materials and/or equipment ware being
furnished by the Seller under the order.
T INSURANCE.
Thc Seller shall, at his own expense, provide fa the payment it workers compensation, b this
including pure
ss occupational
thecae benefits,toii eoardecemployed las formation with the workmists by thispmhme order,ads
to their dependent in a,ma d liability
with the laws , the mate in which the work is to d done The Sella shall also
carry comprehensive general liability including, but not limbed t, y am dual and automobile public liability
insurance with bodily injury and dean limits of ,Ism The Seller
fro my me peen, g500p00 for any me accident
to
and property damage limit per aaidmt n e Before y Sella she]) or his c require his employees
if my, to
provide for such compmadon and insurance. Before any of the Sellers a his contracts employees shall do any
wok upon the prances, of deers, the Sella shall furnish the Phe date with a ct compensation mte Nat iotandriWandon and
insuranci have been provided. Such l species, shall specify Ne date who sash anand insurance The have
born provided. Such paression end i specify the ante warn such compensation and insurance is co .The Sella
ages that each compensation and insurance shall be mainland wtil efla N< entire wok is completed and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumm die entire responsibility and liability for my ant all damage, lass or injury of any kind
or nature whasoever to poems or property caused by a mulling from the mm men ofthe work Provided fm in
this purchase order or in canection herewith. The Sella will indemnify and hold mandate the Purchaser and my
or all of the Paebrom offices, cams and employers from and agsmt any and all claims, Dana, became, charges
m mpem e, whether direct or indirect, and whether to perms or property m which the Purchaser maybe put or
subject by most of my an, action, neglat, omission or default on the part of the Sella, my of his eomtreson, or
my of the Sella, or commons otfims, agents m employes,. N case my suit or other pnceding shall be brought
against the Purchaser, or is offices, secure or employees s my time an aaomt in by most of my or, action,
neglect emission or defeat of the Sella ofany of his commeters or my of is or their otficas, agents or ernployees
as aforesaid, the Sella hereby We. to assume the defense thereof and to defend the woe A the Seller awn
expense, to pay my and all can, cheaper, ahsneys fro and she expects,, any and all judgmen ohs my be
iicuad by n obtains assume the PacM1eecr or arty of is or their officers, agents or employees in such suits in ads,
proceedings, and in me judgment or other Jim be placed upon or obtained against the Property of the Purchase,
a said parties in in a a small of such sin or other proceedings, the Sella will al Duce mass the more to be
dimolvdanddis n.dbygivingbada.der.iae. The Sella ad hieconwctaa shall coke dl safety pemutiom,
famish and install all goat manowny for the prevention of accidents, comply with all laws and regulations with
regard 0 safety including bur without Instrdon, the Occupational Safety and Health Act of 1970 and all rules and
regulaions Issue cannot Nerao.
Revised I IN