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HomeMy WebLinkAbout517676 RICHARD V ANTHONY - PURCHASE ORDER - 9132050Fort Collins Date: 04/22/2013 PURCHASE ORDER PO Number Page 9132050 1ef2 This number must appear on all invoices, packing slips and labels. Vendor: 517676 Ship To: CITY MANAGER RICHARD V ANTHONY CITY OF FORT COLLINS 7891 KENDALL ST 300 LAPORTE AVE SAN DIEGO California 92109 CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 04/22/2013 Buyer: ED BONNETTE Note: PER CONTRACT FOR 7465 WASTE REDUCTION AND RECYCLING MASTER PLAN (AKA "ROAD TO ZERO WASTE") AWARDED TO RICHARD ANTHONY ASSOCIATES DOING BUSINESS AS ZERO WASTE ASSOCIATES. Line Description Quantity UOM Unit Price Extended Ordered Price Road to Zero Waste 1 LOT LS 45,000.00 M Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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 1. COMMERCIAL DETAILS. Tax exemptions. By natut the City of Fan Collins is exempt f.m slide and local taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Cerofcate or Registry 84-6000587 is registered with the Collector of Internal Revenue, Dmver. Colorado (Rat Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goads Rejected. GOODS RElECIP.O due to failure to mat specifications, either when shipped or due to defects of damage in tramil, may be returned to you for credit and am not to be replaced except upon recap( of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fos Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized p,..t an the pan of the City of Fort Collins. Howeve, it is 1. be understand in., FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge aepamlely, the original freight bill must accompany invoice. Additional charges for packing will Outbe accepted. Shipment Distance. Whom m9aafaclurem have distributing points 0 various Pans of the country, shipment is expected fmm the normal distribution point to destination, and-oxcess fight will be deducted from Invoice when shipments am made from grwter distance. Permits. Sella shall procum at seders sole cast all accessary permits, certificaes and licenses required by all applicable laws, regulations, ordinances and rules of the sum, municipality, territory or political subdivision whom 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 himdcss from and .,.last all liability end loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requiamcnts. Aullsoriaetion. All parties to this contract agree that the representatives are, 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 herein set forth and any supplementary or additional terms and conditions annexed M1ereto Or incorporated herein by reference. Any additional or different terms and conditions proposed by seller ate objected to and hereby miceed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you tamer make complete shipment to wive on your promised delivery data as noted. Time is of the essence. Delivery aad performance must be elfeded within the time stated on the purchase coder and the documents atuched 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 of any delay, the Purchaser shall have, in addition mother 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 is result of delays due to causes not mas... bly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts oforld m m ilitaryauthmilics, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of lire time when she Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller models that all goods, articles, materials and work covered by this order will conform with applicable drawing, specifications, samples and/or other descriptions given, will ber fit for the proposes i mndd, 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 handless fmm any loss, damage or expense which the purchaser may suffer or inew on account of the Sahara branch ofwm ulty. The Seller shell replace, term or make good, without cost to the purchaeq 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 my applicable warranty provided by the Seller alter the date Of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), madding from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any 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 of any 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 S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions tram the quantities originally ordered in the specifications or drawings by verbal Or written change order. If any such change alTems the amount due or fee time ofperfmmenm hereunder, an equitable adjustment shall he made. 6. TERM NATIONS. The Purchaser may at any time by written change order, temrimic this agreement as to any or all nations of the goads then not shipped, subject to any equitable adjustment besvoen the parties as to any work or materials than in progress provided that the Purchaser shall not be liable for may 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 goads which ere the Sellers standard stock. Na such (commotion shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thirty (30) days fmm the date the change or termination is colored. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f ished in strict compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execme and deliver such documents as may be required to effect or evidence compliance. All laws end regulations required to be ncmponed in agreements of this character arc hereby mem,mated herein by this reference. The Seller agrees to indemnify end hold the Purchaser harmless From ell costs ..it damages suffered by the Purchaser es a result of the Sellers failum 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 wanants full, clear and unrestricted till, to the Purchaser for all equipment, material, end items furnished Or performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims drafters. 11. NON WAIVER Failure of the Purchaser to insist upon strict performance of the etas and conditions hereof, failure or delay to exercise anye a clear a remedial provided herein er by law, failure va promptly notify the Seller in the event r e breach, she acecaties rofor obligations for goods hereunder or approval of the design, shall not release the Sellerof he any Of the o insist i p or obligations of this purchase order and shell not be deemed a waiver of any right rd the purchaser to insist upon strict performance hereof or any of its rights or temWia a to any such goody plar,m d of when shipped, or minis or accepted, ur m any prior y fee Purchaser default hereunder. ver shill any puryorted corn modification or rcuixsion of this pmcM1mc order by the Purthaur operate m a waiver of any of she terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognixc that in actual economic practice, overcharges resulting from antitrust violations am in fact home by the Purchaser. Theretofore, for good cause and as considem6on far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or heruRer acquired under federal or slaw antitrust laws for such overcharges relating to the particular goods or services purchased ar acquired by the Purchaser pursuant to this purchase ardor. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If Purchaser directs the Scller to correct novmvIDming or defective goods by a date to be agreed upon by the Purchaser end the Scller, and the Seller theruner indicates its usability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available a it, and the Seller shall pay all costs ssassisted with such work. The Seller shall relem, the Purchaser and its contractors of any tier fmm all liability and claims of my nature resulting from the performance of such warn. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees oferch parry. The Sellers contractual obligations, including warranty, shall not be dccmed 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 required to use any design, device, material or proton covered by letter, patens, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the an of such patented design, device, material or process in commuter with the conduct, end shall indemnify the Pumhaser for any cost, expense or damage which it may be obliged to pay by reason crouch 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 Puwbnao the light to continue using said equipment or parts, replace the same with substantially equal but vorrinfringing equipment, Or modify it so it becomes caninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of cmdimrs, 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 defw'tiona of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by she laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hammdel, including the services of Sellers Repaesontative(s), on the premise cradled. 17. SELLERS RESPONSIBILITY. The Seller shall easy on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials hero. Sellers final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materiels and equipment are famished by others for installation or erection by the Scller. the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seiler under the order. _ 18, 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 contraction with the work covered by this purchase order, and/or 10 their dependents in salon race with the laws of he same in which the work is to be done. The Scller shall also carry comprehensive general liability including, but Out limiled to, contractual and automobile public liability mountain with bodily injury and death limits of at lust S3N,M for any one person, $500,000 for any e accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurmee. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cer ifacatn that such compensetion and insurance have been provided. Such certificates shall specify the data 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 inammce shall be maintained until ono, the entire work is completed and accepted. 19. PROTEC PION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to Persons or property caused by or resulting fmm 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, egcuts aad employees filed and against any end all claims, Ionic, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by mason of any all, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Perennial, or its office., agent or employees at any lime oa account or by reason of any ea, action, neglect, aminion or default of the Seller of any of his contractors or any of its or their ofecra, .goals or employees es 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, attorneys fees ead other eapense, 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 ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will et once cause the same la be dissolved ead discharged by giving bond or otherwise. The Scller end his contractors shall take all safety precautions, famish 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 end Health Act of 1970 and all rules end regulations issued pursuant thereto. Revisrd 032010