Loading...
HomeMy WebLinkAbout348315 B F I TOWER ROAD LANDFILL - PURCHASE ORDER - 3212147 (2)City of Frt Collins Date: 01/23/2012 Vendor: 348315 B F I TOWER ROAD LANDFILL PO BOX 99831 CHICAGO Illinois 60696-7631 PURCHASE ORDER PO Number Page 3212147 t of 2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Blanket Order Water Utilities Rzx� Q. 0 fu;-Dk le - 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11 NON WAIVER. 98-170502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser in insist upon strict performance of the terms and conditions hncof, failnrc or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any right, or rcmotlics 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 Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any of the mammies or obligations of this purchase order and shall not be deemed a waiver crony right of the damage in transit may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcreofor any ofits rights or remedies as to any such foods. regardless instructions fmm the City of Pon Collins. of when shipped, received of accepted, as to any prior or s. bscqucnt default hereunder, nor shall any puponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tans Inspection, GOODS arc subject to the City of Fort Collins inspection on arrival. hcmnf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. Howwver, it is to he understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion Terrill applicable required inspection preacedums, violations arc in fact home by the Purchaser, Theretofore, for god cause and as consideration for exeaving this purchase order, the Seller hereby assign, to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.H., City of Fan Collins, 700 Wool St. Fan Collins, CO 90522, unless acquired under fcdcml or state antitrust laws for such overcharges relating to the particular goods or services otheravise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaemrer, have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted Front Invoice \ ben Purchaser and the Sellcr, and the Seller ihcmaflcr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be Performed by the most expeditious means available to it. and the Seller shall pay all costs associated with such work. Permits. Seller shall practice at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and axles of the state, municipality, territory or political subdivision where the Work is performed, or required by any other duly canstioamd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. ordinances. mlca and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional acmes and conditions annexed he cto or incorporated herein by reference. Any additional or different tames and conditions proposed by seller art abjured to and bereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifvoa cannot make complete shipment to anivc on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of this provision. In the event orator delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing this older elsewhere 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 canto] and without its fault of negligencc, such act, m(God, acts ofcivil or military authorities. governmental priorities, fires, strikes. Bond, epidemics. Wars or Tints provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr 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 lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all good, articles, materials and work covered by this order Will conform with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed With the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Purchuscr may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost 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 of any applicable wamnty provided by the Seller nOcr the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver army, claim under this wamnty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach crime ofthe foregoing wammics or guarantees, but such liability shall in no event include loss of profits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal temu, including additions to or deletions from the unilifc, od,innlly ordered in the specifications or drawings. by verbal or written change aNer. If any such change affects the amount due or the time ofperformanec hereunder, an equitable adjustmentshall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped subject a nay equitable adjustment between the panics 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 ofthe Seller with respect to nay goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ornery of their obligations as to any gratis delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be as. crted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gad sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect orevidenee compliance. All laws and regulations required to he incorporated in agreements of this character are hereby inenrpomted herein by this reference. The Seller agrees to indemnify and hold the Purchuscr harmless from all costs and damages suffered by the Purchaser as 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 the prior written consent of the other party, 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest cocuntbmnces and claims of others, The Seller shall release the Purchaser and its contractors of any tier fmm all Iiabil ity and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees ofsueh patty. The Sellet's connected obligations, including wamnrv, shall not be deemed to be reduced, in any way, because such work is Performed ar caused to be perfomod by the Porchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process enacted by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser farm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use ofthe goods. is in such snit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either Fracture for the Purchaser the right to continue using said equipment of pars, replace the same with substantially equal but nnninfringing equipment or modify it so it becomes noninfro Bing. 15. INSOLVENCY. If the Seiler shall become insolvent for lonkmpt make an assignment for the bcvcfit of creditors, appoint a receiver or trustee far any of the Scller, property ar business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The deftndiens aftemts used or the interpretation ofthe agreement and the rights Trail panics hacander shall be constmcd under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder. including the services ofSellers Represcntative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellces own risk until the same is fully completed and 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 Sellers own expense and to the satisfaction of the Purchaser When materials nod equipment arc famished by others far installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of warkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents 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, contractual and automobile public liability in.,umnee with hnlily injury, and death limits of at (cast 5300.WO for any one peon. 5500.000 for any one accident and pmpeny damage limit per accident of S400.01(10. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employee, shall do any work upon the premises of olliers. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have bran provided. Such certificates shall specify the date when such mmpen. itinn and insurance have been pmvidcd. Such cenificams shall specify the date when such compensation and into tanee expires. The Seller agrees that such compensation and insurance shall be maintained until ancr the entire work is completed and accepted. 19. PROT'ECfION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. Inns or injury of any kind ar nature whmsnever to persons or rmperty caused by or resulting fmm the execution ofthc work provided fax in this purchase order or in connection hermcith. The Seller will indemnify and hold hamtlec, the Purchaser and any or all of the Purchasers oRaers, agent, and employees from and against any and all claims, losses, damages charges or expenses, whether direct or indirect, and whether to persons or property In which the Purchaser may be put or subject by reason of any act, action. neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or con", clors officers, agents or employees. In case any .suit or other Proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, nelion, neglect omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Ihereaf and to defend the same at the Seller, own cxpenee, m pay any and all costs, charges, momcys fees and other expenses. any and all judgments that may be insured by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the mortify ofthe Purchaser, or said panics in or as a result of such suits or other proceedings, the Stiller will at once cause the snare to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. furnish and install all gumde 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 rules and regulations issued pursuant thereto. Revised 0312010