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HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF NORTHERN COLORADO - PURCHASE ORDER - 3212257City Of PURCHASE ORDER PO Number I Page 3212257 1 t of 2 `t his number must appear Collins1 1 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 109244 Ship To: WATER UTILITIES WASTE MANAGEMENT OF NORTHERN COLORADO CITY OF FORT COLLINS 40950 WELD COUNTY RD 25 700 WOOD ST AULT Colorado 80610 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 1 2012 Blanket Order Utilities C3. O✓1.:s2sL- 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 ialI�IIIII><II( Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm state and ladd taxes. Our Exemption Number is 98-111502. Federal Excise Tax Exemption Cer ifeam of Registry 84-6000597 is registered with the Collector of Intcmnl Revenue, Denver, Colorado (Ref. Colorado Revised Slamtcs 1973, Chapter 39-26, 114 pd. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rcatmed to you for credit and arc not to he replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fan Collins inspection carousal. 11. NONWAIVER. Failure of the Purchaser to insist span strict pafnmance of the tans and conditions haeof, f.'tilurc or delay to exercise any rights or remedies provided herein or by law, failure to promptly, notify the Seller in the event of a breach, the acceptance .for payment for goods hereunder or approval of the design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any tight of the purchaser in insist upon strict performance lidenfor 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 coal modification or rescission of this purchase order by the Purchascr 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. nuthoozcd payment 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 fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procalums. violations are 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 all claims it may new have or bacand Freight Terms. Shipments must be F.O.A., City of Fart Collins, 700 Wood St, Fan Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or scir,ices otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired 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 manWhcturas have distributing points in various pans of the country, shipment is If rile Purchaser directs the Seller to correct nnnconfomting or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destitution, and execs. freight will he deducted fmm Invoice when Purchaser and the Seller,and the Seller thereafier indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the Work to be perfonncd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pcmis. Seller .hall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state. municipality, territory or political subdivision where the work is pMomwd, or required by any other duly constituted public authority having jurisdiction over the w'Ork of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by rea on of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authorizition. 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 hucin sct forth and any supplemcmary ar additional tams and conditions annexed hereto or inconymn d herein by reference. Any additional or di fferent rams and conditions proposal by'scllcrm a objected to sad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthc essence. Delivery and pufomance must be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial laic deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable mardics, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to gasses or reasonably ftacsca blc which arc beyond its reasonable control and without its fault ofncgligcncc. such acts ol-God, acts ofcivil or military authorities, governmental priorities. Gres, strikes, flood, epidemics. tears 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 knawledgc thereof In the event of any such delay. the dntc of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3, WARRANTY. The Seller warns that all goods, articles, materials and Work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he 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 ..tare. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofoa rnty. The Seller shall replace, repair or make grad, withoot 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 terns ofany applicable warnry provided by the Seller after the date Of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperial Or defective work time ar materials furnished by the Seiler. Acceptance or use of'goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damnges proximately caused by the breach ofany ofthe foregoing wommics or guarantees, but such liability shall in no es'ent include loss of grafts Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehascr may make changes to legal terms 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 firma the quantities originally ordcmd in the specifications an drawings, by verbal or written change order. If any such change offices the amount due or the time of pefomance hereunder, an equitable adjustnwnt shall be 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 to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, And that no .arch adjustment he made in favor of the Sella with respect many goods which arc the Sellers standard stock. No such termivatinn shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusmrenl must be asserted within thirty (30) days fmm the date the change or lamination is ardacd. S. COMPLIANCE WITH LAW. The Seller warns that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply With such Inv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor arincn 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 encumbrances and claims ofothcrs. The Seller shall release the Purchaser sad its contractors ofany tier front all liability and claims of any nature resulting from the performance ofsuch work. This Odense shall apply even in the event of fault of negligence of the parry released and shall extend to the dircetom. officers and employees ofsuch pony. The Seller's contractual obligations, including wam. my, shall not he deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is acquired in use any design, device, material or prnccss covered by latter, petal, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser from 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 cast, 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 .cork. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to ennstione infringement and the use Of ,said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Parchaaor the right to continue using said equipment or pans, replace the same with .substantially equal but noninfringing equipment, at modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankrapt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16, GOVERNING LAW. The dcfinitinns oftcros used ar the interpretation of the agreement and the rights nfall panics hereunder shall be constmel under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases w'herc the Seiler is to perform work hereunder. including the services of Scllers Represcntntive(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall cam unsaid work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident dcsrction or injury to the work and/or materials before Seller's final complain and Acceptance, complete the work at Scllrs own expense and to the satisfaction ofthe Purchaser. When materials and equipment an furnished by others for installation or emotion by the Seiler, 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 famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of workers 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 .pate in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at least S300,000 for any one person, 5500.000 fro any one accident and prepem damage limit per accident of S400.000. The Seller shall likewise require his antacid... if any, to provide for such compcosation and insurance. Hefarc any of the Scllers at his contractors mpl.yccs shall do any work upOn the premises ofothcrs, the Seiler shall furnish the Pumhascr .with a ccnifieate that such compensation and insurance have been provided. Such certificates shill specify the date when such compensation and insurance have been provided. Such ca ificecs 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 DAMAGES. The Sella hereby ossnmes the entire responsibility and liability for any and all damage, Inns 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 at all of the Purchasers officers, agents and employees form 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 be put ar subject by .,an of any act, action, neglect, omission Or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or Other proccodings shall be brought against the 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 ORce.. agents Or employees as if newaid. the Seiler hereby agrees to assume the defense thereof and to defend the same at the Scllers men expense, to pay any and all costs charges, m omeys fees and other expenses, any and all judgments that may be incurred by or obtained against 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 property of the Purchascr, or said panics in or as a result of such suits or other proceedings the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all .safety precautions, famish and install all guards necessary for the pmventom of accidents, comply with all laws and regulations with regard to salary including, but without limitation, the Ocaopatinnal Safety and Health Act of 1970and all roles and regulations issued pursuant thcmto. Revised 03/2010