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HomeMy WebLinkAbout468473 VEOLIA ES TECHNICAL SOLUTIONS LLC - PURCHASE ORDER - 9120845PO PURCHASE ORDER 912084er Page City Of^ 9120845 t of 2 `t Collins This number must appear ` ` 1 'J on all invoices, packing slips and labels. Date: 02/08/2012 Vendor: 468473 Ship To: WATER UTILITIES VEOLIA ES TECHNICAL SOLUTIONS LLC CITY OF FORT COLLINS 9131 E 96TH AVE 700 WOOD ST HENDERSON Colorado 80640 FORT COLLINS Colorado 80521 Delivery Date: 02/08/2012 Buyer: ED BONNETTE Note: PER CITY OF FORT COLLINS CONTRACT WITH VEOLIA ES TECHNICAL SERVICES FOR HHW COLLECTION EVENTS. Line Description Quantity Ordered UOM Unit Price Extended Price HHW COLLECTION EVENTS 2012 1 LOT EA 50,000.00 STORMWATER PORTION 2 HHW COLLECTION EVENTS 2012 1 LOT EA 30,000.00 SOLID WASTE FUND PORTION Total $80,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 csempt fmm state nerd local taxes. Our Exemption Number is 11. NONWAI VER. qS-61502. Federal Excise Tax Exemption Ccnificatc of Registry RA6d)0rI5R7 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tarts and conditions hereof. failure or delay in Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in The event of e breach, the acceptance Ofor payment for goods hereunder or approval of the design, shall not release The Seller of Goods Rejected. GOODS REJECTED due 10 failure to mad specifications, either when shipped or due in defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of anv right Of the damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of Wfilter purchaser to insist upon strict performance hercefor anv of its rights or remedies as to rmy such goods, regardless instructions from the City of Fon Collins. of wham shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmportcd oral modification or rescission of this purchase Order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. 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 understand that FINAL Seller and the Purchaser recognize that in actual camomie practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact hone 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 now have or hereafter Freight Terns. Shipments mast be F.O.B., City of Fort Collins, 701) Wood St.. Fort Collins, CO 90522. unless acquired under federal or stale antitrust laws fro such overcharges relating to the particular goods or services otherwise specified on this order. If pernission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing Will not he accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where farmUfactunrs 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 date to he agreed upon he the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice %%hell Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser .shipments are made fmm greater distance. may cause the work to be perforated 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 required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the Work is perfurod. 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 Farm and against all liability and loss incurred by them by reason of an nsscncd or established violation of any such laws. regulations, ordinances. odes and ralmocmcnts. Authorication. All panics 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 terns and conditions stated hacin set fourth and any supplementary or additional terms and conditions annexed hereto or incorporated hercin by reference. Any additional or different lams and conditions proposal by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised dclivcry date as noted. Time is ofthc 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. wilhont limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofagv delay. the Patch., shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler 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 control and without its fault of negligence, such acts of Gnd, acts ofeivil or military authorities, governmental priorities, fires, strikes. Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pamhascr within five (5) days of the time when the Seller Furst 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 of the delay. 3. WARRANTY. The Seller warrants that all gads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions gi%cn, will he fit for the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmlec fmm any loss, damage or expense Which the Purchaser may suffer or incur on account of the Sellers breach of w'arnmy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within .such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seiler after the date of acceptance of the goods furnished hereunder meaplance not to be unreasonably delayed), resulting front ingtafat Or defcelivc work done or materials furnished 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 "used by the breach crony of the foregoing warntics or guam uces, but such liability shall in no event include loss of pmfits or loss ofuse. 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. S. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addilions to or deletions firm the quantities originally ordered in the specifications or drawings, by verbal or wTinen change order. If any such change affects the amount due or the time of performance hereunder, an equitable arfiustmcnt shall he made. F. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the ,ands then no shipped, subject to any equitable adjustment bdw<cn the panics as to any work or material then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted Portion of the goods aml work, for incidental or consequential damages, and that no such adjustment he made in favor of the Sella with respect to any goods which arc the Scllcrs standard stock. No such lamination shall relieve the Purchaser or the Seller of any of their obligations as to any good deivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is ordered. R. 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 good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All Imes and regulations required to be incorporated in agreements of this character am hereby incorporated hercin by this reference. The Seller agrees m indemnify and hold the Purchaser harmless From all costs and damagcs suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order. or any monies die or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr warns full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, resercations, security interest encumbrances and claims ofcthc,. The Seller shall release the Purchaser and is contractors of any tier fmm all liability and claims of any nature resulting from the paforance olsach work. This rcica c shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offecrs and employees of such parry. The Seller's enatrndnnl obligations. including Onorm.ary, shall not be deemed to be reduced, in anv way. because such work is performed or caused to be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save hammlas the Purchaser from any and all claims for infringement by reuson of the use of such patented design, dcviec, 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 rcamn ofneh infringement at any time during the prosecution or after the completion of the work. In case said equipment or any par 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 Purchaser the right to continue using said cepupmeat or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditor, appoint a receiver or trustee for any of the Sellers property or business, this Order may forthwith he cm algid by the Parchisa without liability. 16. GOVERNING LAW. The definitions oftenas used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Coloado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllers Reprcsentativefs), on the promises ofothem. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said Wok at Seller's own risk until the same is fully completed and accepted, and shall. in case of am accidcot. destruction or injury to the work and/or %aerials before Sel let's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible thcmfor as though such materials and/or equipment were being famished by the Scllcr under throttler. 19. INSURANCE The Seller .shall, at his own expense, provide for the payment ofworkas 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 tarty comprchcreive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ofat ]cast S300,000 fat any one parson. S500,000 for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors. if any, to provide for such compensation and insurance. Before anv of the Sellers or hie contractors employees shall foray wok upon the promises ofothers. 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 catificmes shall specify the date when such compensation and ima mnec expire,. The Seller.gm. that such compensation and insurance, shall be maintained until 16a 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 ofany kind or nature Whatsoever to persons at Property caused by or resulting front the execution ofthe Work provided for in this purchase order or in connection herewith. The Seller Will indemnify and hold hamlass the Purchaser and any or all of the Purchasets officers, agents and cmploycas firm and against any and all claims. losses, damagcs, charges or expenses, Whether direct or indirect and whether to persons or property to Which the Purchaser cony be put or subject by reason of any act, action, neglect. Omission of default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors offeas, agents or employees. In case any snit or other Proceedings shall be bmughl against the Purchaser, or is 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 offecrs, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense. to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their effects. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed neon or Obtained against the property of the Purchaser, or said panics in or as a result of such suits or other prrtceedings the Seller Will at race cause the same to be dissolved and discleogcd by giving bond or otherwise. The Seller and his contactors shall take all safely, precautions, furnish and install all guards necessary for the prevention of accidents, comply With ill laws and regulations with regard to safety including, but Without limitation, the Occupational Safety and Health Act of 1970 and oll rules nod regulations issued pursuant thereto. Revised 03/2010