Loading...
HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF NORTHERN COLORADO - PURCHASE ORDER - 3212311PO PURCHASE ORDER 3212311 Page City Of 212311 1 of z ' 6rt Collins This number must appear 1 on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 109244 Ship To: PARK MAINTENANCE WASTE MANAGEMENT OF NORTHERN COLORADO CITY OF FORT COLLINS 40950 WELD COUNTY RD 25 413 S BRYAN AULT Colorado 80610 FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: ED BONNETTE 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. PER 7119 WASTE STREAM MANAGEMENT SERVICES CONTRACT AWARD. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Annual Blanket PO 1 LOT LS 20,000.00 Misc Trash & Recycling Service C3. OYI�:sQ � 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 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is rcgimered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to nce specifications, either when shipped or due to defects of damage in transit may be mounted to you for credit and are not to be replaced except upon receipt of written insmictinns from the City of Fort Collins. Inspection, GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hemuf, failure 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 acecpmnce of or payment for goads hercnndm orapproval of the design. shall not release the Scllcr of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the purchaser to insist upon strict performance berenfor 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 pa-pr ned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcrcof. 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 Fort Collins. However, it is to he analmood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne 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 claim, it may now have or hereaNcr Freight Terms. Shipments must be F.O.R., City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the porncular goods Or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m 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 manufacturers have distributing points in various pars of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be 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 Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are 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 procure at sellers sole cost all necessary permits, certificates and licenses acquired by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perf imied, 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 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, mles and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority, to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein ly' reference. Any additional or difTcrcnt tennis and conditions proposed by sellerarc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hymn 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 of partial late 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 remedies, the option of placing this order 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 are beyond its reasonable con"] and without its fault of negligence. such acts of Gad. acts ofcivil Or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhascr within free (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the due of delivery shall be extended for the period equal to the time actually lost 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 and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competency 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 Puchaser may suffer or incur on account of the Sellers breach of warranty. The Sellershall 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 he prescribed by law or by the terns ofany applicable warranty provided by the Scllcr rAcr the date of acceptance of the goods tmishcd hereunder (acceptance not to be unreasonably delayed), resulting Loma imperfect or defective work done or materials famished by the Seller. 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 damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomm inee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any fine 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 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 of the 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 good which am the Sellers standard stock No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assorted within thirty (30) days (ram the date the change or termination is ordered. S. 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 documents 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 herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlets from all costs and damages suffered by the Purchaser as a result of the Sellers 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 Shcensarmfix fall, clear and unrestricted title to the Purchaser for all equipment. materials. and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, reservations s"unty interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfommnce ofsuch 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 ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any may, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wlmcncvcr the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save handess the Purchaser fmm any and all claims for infringement by reason of the use of such pntented design, device, material or process in connection with the contract, and shall indemnify the Pnrchascr far nay 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 pan thereof or the intended use of the goods. is in such suit 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 procure for the Hmrchascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it .so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankroph 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 Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the intcrprctation ofthe agreement and the rights ofall parties hemnnder shall be eonstoted order and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcpmsemative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's own risk until the same is fully completed and accepted, and shall. in ease of any accident, destruction or injury to the work and/or materials before Shcer'S final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installmion or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become OcNamsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide 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 state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public I iahiliq inserance with bodily injury and death Inuits of at least S300.000 for any wire person. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contactors, if any, to provide for melt compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of ethers, 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 havcbccn provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such conmpcasation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property erased by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from 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 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 contractors affects, agents or employees. In case any snit or other pmecedjngs shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any net action, neglect, omission or default of the Seller ofany 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 Sellers own expense, to pay any and all costs, charges, aftoneys 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 snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofihe Purchaser, 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 olhemise. The Seller and his contractors shall take all safety precautions, finish 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 rules and regulations issued pursuant theret. Revised 03/2010