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HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF NO COLORADO - PURCHASE ORDER - 9141390PURCHASE ORDER PO Number Page C117/ of PURCHASE 9141390 1 of z `t CollolI Ins This number must appear ` on all invoices, packing sli s and labels. Date: 03/06/2014 Vendor: 109244 WASTE MANAGEMENT OF NO COLORADO 40950 WELD COUNTY RD 25 AULT CO 80610 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 03/04/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Xmas Tree Recycling 1 LOT LS 14,490.16 per W. Bricher 2/18/14 email City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm Total Invoice Address: IN City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local ones. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure of the Purchaser th insist upon strict performance of the terms and conditions hereof. failure or delay to 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 unify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval the design, shall out release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any tight of the damage in transit, may be retemd to you for credit and are not so be, replaced except upon receipt or writer purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods regardless instructions doom the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any or the terms Inspection. GOODS arc subject the City of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMEN I' OF ANTITRUST CLAIMS. suthoaized payment on the pan of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize for in actual economic practices overcharges resulting from auction ACCEPTANCE is dependent upon completion oral[ applicable required inspection procedures, violations are in Get tome 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 Femora Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr. Fan Collins, CO 80522. unless acquired under federal or sum antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight FumhaxJ or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for poking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing excess s us pans of thcof from Invoice nt when If rheasPurchaseradthe diners, the Salle to correct nonconforming is defectmobility or good; by a dateingress mcomplbe yW a on byProb the ser expected from the neared distribution point to destination, and excess freight will be deducted fmm Invoice when aortas¢ and the Seller, and the Sellery far mos indicates Its inners or ilable is it, as m comply, the Pl ,, .11 shipmens are made fmm greater distance. may woo the work th be orfomad by the mall expedhious means available m it, and the Seller shall pay all cases associated with such work. Permits- Sell, shall procure at sellers sole test all n,esmry permits, eenifiwt, and licenses required vs all appliwblelaws,regulations,ordinances andtales duly constructed dpubli ordnarry ha or political subdivision where the nark is performed, r required by any other duly For Collinsed public ordinary and g sin t alliun over the work in vendor. Seller further agrees t hold the City of For Cohaf any s from and against all ordinances, and loss incurred re them by reason of an ascend or established violation of any such laws, regulations, rrdiwnru, roles and requirements. - Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority he bind said parties. LIMITATION OF TERMS. This Puahase Order expressly limits acceptance as ale terms and conditions cored herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dine as noted. Time is of the essence. Delivery and performance most be afecmd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Lorimar. acceptance of genial late drimmo,, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall hove, in addition to ether legal and equitable remedies, the option orplaeing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for donna,, ns a result of delays due he causes not reasonably Irremovable which are beyond its reasonable contra] and without its Gul, of negligence, such acts of Gad, acts of civil or military auGonties, gw'emmental priorities, Gres, strikes, flood, epidemics, wars or rims provided that notice of the conditions reusing such delay is given to the Purchaser within five (5) days of the time when he Seller first rmeived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the Prior equal to the time actually lost by mason ,fee delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample marker other descriptions given, will be fit for the purposes intendd, and performed with the highest degree of rule and competence in accordance with accepted standards for work of a 'mils, nature. The Seller agrees to hold the purchaser hatmis fmm any loss, damage or expense which the Pumhaxr may suffer or incur on account of the Sellers breach ofwartanty. The Seller shall replace, repair or make god, without cost to the purehaseq any defects or faults arising within one (1) year or within such longer period of time as may be pracnbd by law or by the corms of any ap,liable verni provided by the Sella are, the doe of acceptance of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defeat, work done or materials famished by the Sell,. Acceptance or use of goad by the Purchaser shall not onstitue 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 consul by the breach of any of the foregoing warranties or guafanfees, but such liability shall is no event include loss ofprofis or has of use. NO IMPLIED WARRAbTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Problem may make changes in legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, offer for legal terns, including additions w or deletions from the quantities originally ordered in the spttiGcrimms or dnwmgs, by verbal or w'iinen change order. If any such change of cum the amount due or the time of perforrnance hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by wnttrn change order, terrine this agreement as to any or all poriom of the good then not shipped, subject to any equitable adjustment between the parties as to any wok or materials then in progress poaidal for the Purchaser shall not be liable for any claims for anticipated points on the unrompleted ponder of the goods anger work, for incidental or consequential damages, and that raw such adjustment be made in favor of the Seller with respect to any goods which are the Sellers soMard snook. No such termination shall relieve the Purchaser or the Seller of any ofdmi, obligariom as to any good delivered hamind,. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be soared within thirty (30) dap fmm the date the change or nomination is warfare. 8. COMPLIANCE WITH LAW. The Seller wvmnas that cell goods sold hereunder shall have been produced, sold, delivered and famished in stun compliance with all applicable laws and regulations to which the goals are subject. The Seller shall execute and deliver such documents as may be, required an fla, orsurface compliance. All laws it regulations required or be comported in agreements of this charmer are hereby iocoryomtcd herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser harmless been all casts and damages cuff d by the Purchaser as a result of me Sellers failure as comply with such law. 9. ASSIGNMENT. Neither party shall certain, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrmen consent of the other parry. 10, TITLE. The Sella watmnas full, clear and unt,trimd rile sa the Pumhaxr for all equipment, mvferiak, and in. bandstand in affiernmeme of this agreement. Gee oral clear of any and all liens, restrictions, .1mons, ass unry interest rnctuvbraaes and claims of others. The Seller shall release the Purchaser and its commemr, of any tier from at I liability and claims of any nature resulting from the perfomrance exact work. 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 of such party. The Sellers contractual obligations, including warranty, shall cot be deemed m be reduced, in any way, because such walk is performre or caused to be performd by the Purchaser. 14. PATENTS. Whenever the Seller is required so use any deign, device, material or process covered by lever, patent, undercuts or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infnngement 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 m Pay by reason of such infrngement al any lure during the prosecution or after the completion of the work. In case and equipment, or any pan thereof or the intended use of the gradsc 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, tither procure for the Purchaser file right to continue using said equipment or pans, replace the same with substantially equal but naninfnnging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a anceivOr trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchhaser without liability. 16. GOVERNING LAW. The definitiam offirings used or the interpretation of the agreement and the rights of all parties haeuder shall Ina convened under and governed by the laws ofahe State of Colorado, USA. The following Additional Conditions apply only in fi le e Sell" is w perform work hereunder, including the services of Sellers Repimma arisen sk on thecases premises optimal. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of any accident, destruction or injury as the work major materials before Sellers final completion and acceptance, complete the work at Sellers own expense call to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload, ,tam and handle same at the site and become responsible therefor as though such mmenals major equipment wee being famished by the Seller under the out 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compansmion, including occupational disease benefits, in its employees employed on or in connection with the work covered by this purchase order, worker an their depemlrns in accordance with the laws of the state in which the work is to be done. The Seller &ball also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with badly injury and deem limits of as least S300,000 for any one Person, $5w." for any one accident and properly damage limit per accidem of S400,000. The Seller shall likewise require his contmctun, if any. to provide for such ompenation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seiler shall furnish the Purchaser with a cenifieare that such compensation and insurance have been provided. Such certifier, shall specify the dam when such compensation and insurance have been provided. Such cenifwles shall specify the date when such comps ortion and insurance expires. The Sella agrees that such compnvmiw and outcome shall be maintained until aBn the entire work is completed and accepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby asses the entire impassibility and liabiliry for any and all damage, loss or injury of any kind or wture, whmsmxr to persons or property caused by or resulting fmm the execution ofine wok 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 areas, agents and employces from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or properly to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default an the pan of the Sella, any of has ontrdctors, or any or me Sellers or contractors omcaw agents or employees. In case any suit or other procedings shall be brought against the Purchaser, or its officers, agents at employees at any time on account or by reason of any act, acres. neglxr. omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrtcs to assume the defense thereof and rut defend the same at she Sellers own expense, to pay any and all costs, charges, attomeys fees rW he, expenses, any and all judgments mat may be incurred by or wbrainN against me Pumhom or any of its or their officers, agents or employees in such suits or other procce irip, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in on as a result of such suits or other pmccedrip, the Seller will to once dux 0m some to b, dissolved mtd discharged by giving bond or otherwise. The Sella and his contractors shall take all sally precautions, famish and install all guards vececary for the plan, nfien of accidens, comply with all laws and regulatiors wish regard w safety including, but without limitation, me Occumsumnal Safety and Healm Am of 1970 four all rules red regulations issued pursuant them.. Revised 032mG