Loading...
HomeMy WebLinkAbout112975 LARIMER COUNTY SOLID WASTE MANAGEMENT - PURCHASE ORDER - 9112707PURCHASE ORDER PO Number Page City Of 9112707 t of 2 ` This number must appear Fort Collins ns " on all invoices, packing slips and labels. Date: 05/12/2011 Vendor: 112975 LARIMER COUNTY SOLID WASTE MANAGEMENT PO BOX 1190 FORT COLLINS Colorado 80522-1190 Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS Colorado 80521 Delivery Date: 05/12/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Disposal of Residual Sludge Per Statement dated 4/30/2011. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 1 LOT LS Total Invoice Address: 22,749.40 749.40 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By source the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is 984 1502. Federal Excise Tax Exemption Certiricate of Registry 84-MM587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rctumed to you for credit and art not to be replaced except upon receipt of written instructions franc the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon scrim performance of the tans and conditions hereof, failure or delay to exercise any rights ar rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for gmds hereunder or approval ofthe design, shall not release the Scllcr of any of the wommics or Obligations of This purcuisc order and shall not be deemed a waiver of any right of the ptuchaser to insist upon strict performance ImmOfor any of its rights or rcmcdics au to any such goods, regardless of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shill any purported rual malifieation ar rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized paymment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from militarist ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and ail claims it may now have or hereal er Freight Terms. Shipments mat he F.O.B., City of Fan Collins, 700 Wood St.. Fort Collins, CO 80522, unless Required under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased nr acquired by the Purchaser pursuant to this purchase Order. bill mat accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaerrers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct moncanfomuing or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made firma greater distance. may cause the work to be performed by the most expeditious means available to il. and the Seller shall pay all costs associated with such work. Pewits. Seller shall procure at sellers .sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and odes of the state, municipality, territory at political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamless fmm and against all liability and loss incurred by them by reason arms asserted or established violation of any such laws, regulations. ordinances, roles and rcquimments. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated basin sct forth and any supplementary or additional terms and conditions annexed hereto ar incorporated herein by reference. Any additional ordiffercm tans and conditions proposed by seller are 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 of the essence. 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 limitation, acceptance offo rtial late deliveries, shall operate as a waiver ofthis prevision, In the event arrow delay. the Pumhaser shall have, in addition to other legal and equitable remedies, the option of placing this order clsewhem and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault nfnegligence, such acts of God, acts ofcivii or military authorities, governmental priorities, fires. strikes Bad, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples Rad/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of enrc and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser hamless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller after the date of neccptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or matcrud fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver office claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lcros by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or draw ings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, in equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by "farm change order, terminate this agreement as to any or all portions of the good then not shipped. subject to any equitable adjustment bacraccn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be accned within thirty (30) days from the date the change or termination is ordered, 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser is a result of the Scllcrs 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 life prior written consent of the other parry. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser for all equipment, materials and items fumished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shill release the Purchaser and its contractors Of any her from all liability and claims of any nature resulting franc the performance fsuch work. This release shall apply even in the event of fault of negligence of the parry advised and shill extend to the directors, oficcrs and employees ofsuch party. The Scllch contractual obligations including wamnty, shall not be dremed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is ax amcd to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Firm any and all claims for infringement by reason of the use of such patented design, device, material or pmccss in connection with the commit. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason nfsuch infringement at any Time during the prosecution or a0er the completion of the work. In ease mid equipment, or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part 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 pans, replace the same with substantially equal but noninfringing equipment, or malify it sa it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmsm, for any of the Sellers property or business this oiler may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used Office interpretation afthe agreement and the rights ofall parties hereunder shall be construed under and gmemed by the laws ofthe State of Colnmdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprcseumive(s), on the ptmniscs ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellerk own risk until the same is fully complmcd unit accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment arc flourished by Others for installation or erection by the Seller. the Seller %hall receive. unload. store and hand], same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order, r 19, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit,, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws Of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, eom main/ and automobile public liability insurance with bodily injury and death It its arm least S300.000 far any one pccs.n. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise acquire his contractors, if any, to provide for such compensation and insurance. Before any of (lie Sellers or his contractors employees shall do any work upon the premises of athcrs, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGFS. The Seller hereby assumes the entire mrponsihility, and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or ill of tire Purchasers officeni. agents and employees from and against any and ill claims, losses, dotnages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default tar the part Of the Seller, any of his contractors. or any of the Scllcrs or contractors officers, agents or employees. In case any ail or other proceedings shall be brought against the Purchaser, or its oRecrs, agents or employees it any tin., on account or by reason of any act, action, neglect. emission 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 the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all cats, charges, attorneys fees mod other expenses, any and all judgments that may be incurred by or obtained against the Purehamr or any of it or their officers. agents or employees in such suits or other prewemlings. and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result nfsuch suits or other proceedings, the Seller will it once cause the same to be die alrcd and discharged by giving bond orotherwise. The Seller and his contractors shall take all safety precautions, Finnish and install all guards necessary for the prevention 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 all odes and regulations issued pursuant thereto. Revised 03/2010