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HomeMy WebLinkAbout468473 VEOLIA ES TECHNICAL SOLUTIONS LLC - PURCHASE ORDER - 9141470Fort Collins Date: 03/10/2014 PURCHASE ORDER Vendor: 468473 VEOLIA ES TECHNICAL SOLUTIONS LLC 9131 E 96TH AVE HENDERSON CO 80640 PO Number Page 9141470 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/10/2014 Buyer: ED BONNETTE Note: PER SERVICES AGREEMENT WITH VEOLIA ES TECHNICAL SOLUTIONS TO PROVIDE HOSTING, PICKLUP, ETC, SERVICES FOR THE CITY'S TWO ANNUAL HHW EVENTS. Line Description Quantity UOM Unit Price Extended Ordered Price 1 HHW COLLECTION & DISPOSAL AT THE 2014 HHW COLLECTION EVENTS 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.com 1 LOT LS 100,000.00 Total $100,000.00 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 or Fort Collins is exempt from state and local taxes. Our Exemption Numbcris ILNONWAIVER. 98-04502, Fe&sal Excise Tax Exemption Certificate of Registry 84-6000581 ¢ registered with the Collector of Failure of the Purchaser to 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 pq) exemim any rights or remedies Provided herein or by law, failure m promptly notify lye Seller in the mint of a breach, the acceptance ofor payment for goods hereunder or approval of lye design, shall not release the Seller of Goods Required GOODS REJECTED due m failure m meet specifications, either when shipped or due on defcu of AnY of the waranties or obligations of this purchase order and shall not No deemed a waiver of any right of the damage in transit. may be enured to you for credo and are not to ba replaced except upon receipt of winners Purchaser to insist upon suet pe,i.e. torturer any of its rights or remedies as 10 any such goods, regardless Monarch.. from the City of Fort Collins. of when shipped, received or accepted, in to any prior or subsc poem default forwarder. nor shall any purported oral Much Mention or rescission of this purchase miler by lye Promhaser open, As a waiver of any of the to. Inspection. GOODS am subject to the City of Fort Collim inspection on mv%w. hcreaf. Final Acceptance. Receipt of the nrcmhatWise, services or egtripmml in response m this coder can comh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. turbanned payment on the Pan of the City of Top Collin. Hov'aer, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antirmsl ACCEPTANCE is dependent upon completion of all applicable reassumed inspection procedures. violation arc in fact home by the Purchazer. Theretoforefogood cause and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any said all claims it may now have or hereafter Freight Terms. Shipments must be, F.OD., City of Fort Collins, 700 Wood Sr. Fort Collins, CO 80522. unless acquired under federal or sure antitrust laws For such overcharges relating to the particular grads or urvices otherwise specified on this order. If permission is given to prepay freight and charge sepmatchy, the original freight purchased or acquired by the Purolator pursuant, this purchase color. bill must secomoanv immix. Additional chances for parking will not s accepted. Shipment Distance Where manufacturers have dlstribming Fmnrs in various pans of the country, shipment is expected from the neamml distribution Point to continuum, and earns freight will b, deducted from Immlce when shipments are made form greener, distance. Permian. Seller shall procure at sellers to cost all necessary permits, certificates and lit. required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory of Political subdivision where Re work is perform], or required by any other duly contitmed public au lwany having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fair Collins harmless from and against all liability and loss incurred by them by reason of an xcsorted or established violation of any such laws, regulations, ondbunces, roles and requiremenu. Authmrmlion All panics to this contract agree that the representatives are, in fact, how fide and possess full and complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expmssly limits acceptance to the terms and condition stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional M di Boren terms and conditions proposed by sells are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AG17NT immediately if you cannot make complete shipment 10 amve on your promised d delivery ]ate n 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 deliv'enes, shall operate As a waiver of this provision. In the event of any delay, Re Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as is resell of delays due to causes not reasonably fore rcable which ore beyond its reasonable control and without its find, of negligence, such acts of God, acts ofeivil or cohm, outland., govemmenfl priorities, fire, strikes, flood, epidemics, wars or Mots provided that notice of the condition waking such delay is given to the Purchaser within five (5) days of the time when lye Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the peeled equal to the time actually lost by reason firms delay. 3. WARRANTY. The Seller warrants that all goods, articles, Materials and work entered by this order will conform with applicable drawings, specification, samples andor other description given, will s fit for lye purposes intended, and performed with the highest degree of can and competence in accardaae with accepted standards fro work of a similar norm The Seller agrees 10 hold the purchucr hmmhess from any lass, damage or expense which the Purchaser nay suf( or me. oa account of die Sellers breach of.ty. The Seller shall replace, repay M make good, aimmul ant to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as nay be ptneribed by law or by to It. of any applicable warranty provided by is Seller after the date of acceptance of the goods famished hereunder (acceptance not to be umeatmubly delayed), resulting from imperfect or defective work done or materials famished by the Seiler. Acceptance or tau of goods by me Punhuer shall not antimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability bereunder shall extend to all damage 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 ere. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. Ile Pumhour may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Fanlike, may make any changes m the ,tuts, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change under. If any such change aD'ects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6.'1'ERMINATIONS. The Purchaser may at any time by written change order, temtinate this agreement as to Any or all peariow of the goads then not shipped, support 10 any equitable adjustment between the parties 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 goals miWor work, for incidental or consequential damages, and dot no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligation as to any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for ad,.t.t musts asserted within thirty (30) days from the &m Re change or nomination is entered. S. COMPLIANCE WITH LAW. The Seller wartams Nat all goods sold hereunder shall have been produced, said, delivered and furnished in safe compliance with all applicable taus and regulation to which the goods arc subject The Seller shall execute and deliver such dmnnen, At may he remained to elect or evidence compliance. All Wes and regulation requirel 1fi be incorporated in agreements of this chardcier arc barely incorporated herein by this reference. The Seller agrees to indemnnfy and hold the Pm<haser hartnl. firm all costs oed damages suRered by Ne Purchaser u is result of the Sellers failure 10 comply wily such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, many monies due or to become due hereunder without the prim venues common ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mammals, and items tumbled in Performance of this agreement, free and clear of any am all lien, morlctiow, resentments. secumy interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to b, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillhmgnes to comply, tba Purchaser tray cause the work m ba performs] by the monl expeditious means available to it, and the Seller shall pay, all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of mob work. This release shall apply even in the event of fault of negligence of the parry released and shall extend m the director, officers and employees ofsuch party. The Sellers contractual obligations, including warmly, shall not be deemed to be reduced, in any way, becase such work is performed or caused to be Trimmed by the Purchaser. 14. PATENT S. Wbanwer the Seller is regdred to use any design, device, material or pmaess covered by letter, patent, trademark or copyright. the Seller shah indemnify and save harmless 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 ,ball indennify the Purchaser for any cost, expense or damage which it may No 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 contimte infringement and the use of said equipment or pan is enjoined, the Seller shall, a1 its own expense and al its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nomnMnging equipment, or modify it so it becomes rroniffirr ing. 15. INSOLVENCY. If Nr Seller shall become i uchora t or bankrupt, make an assignment for the benefil of creditors, appoint a receiver or trustee for any of the Sellers prpmy or business. W s order may forthwith INcanceled by lye Pushover without liability. 16. GOVERNING LAW. The definition of teams used or the interpretation of the agreement and the rights of all panics hereunder shall s committed under mid Rearmed by the lava ofNe Sue ofColomdo, USA. The following Additional Con itiom apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reporunanve(s), on the premises ofolh— Il. SELLERS RESPONSIBILITY. The Seller shall carry oa mid work at Seller axn nook until the same is fully completed and accepted, and shall, in ase of any accident. destruction or injury to the work vmA r materials before Sellers Beal completion and acceptance, complete is work 0 Sellers own expense and to rise satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, urdood, store and handle same at the site and become mspowible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own extreme, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in mnnectim 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 in be done. The Seller 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 lest $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his untmeors, if any, am Provide fr such compensation and in e. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall finish the Purchases with a cenificam that such compensation and insurance have been provided. Such certificates shall specify the date when such ompensntion.and insurance have been provided. Such certificates shall specify the date when such recrimination and insurance expires. 'Use Seller agrees that such compensation and insurance shall be maintained until Per the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury crony kind r nature whatmmer 1. pervious or property caused 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 Purolator and any of all of the Purchasers officer, agents and employers from and against any and all claims, lasses, damages, charges or expook s, whaler direct or indirect and wheNer, to persons err property to which lye Purchaser may s put or subject by reason of my act, action, neglect, omission or default on Re loan of Ne Seller, any of his common, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall ba brought against Re Purebuer, m its officers, agents or employees at any time an account or by reason of any ii anion, neglect, omission or default of the Seller of any of h6 contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees on assume due defense Hereof and to defend thr same st the Sellers axn r prmsse, to Pay any and all roars, chaters, anoreys fix, and who, expenses, any and all judgments river nays incurred by M ob,wed again, the Purchaser or any of its M thaw officers, agents or employees in such suits or other proceedings, and in case judgment or other lien s placed upon or obtained again) the property of the Purchaser, or said Fortes in or as a result of such stains or other proveraings, the Seller will at once cause tuba same to the dissolved and disclatged by giving svd or oferwiu. The Seller and his contractors shall take all wetly foaminess, fmish and mull all guards necessary for the Prevention of accidents, comply with all laws and mgulation with regard on safety muluding, bur without limitation, rba Occupational Safety and Hoalth Act of 1970 and all rates and regulation issued pursuant thereto. Revised 03R010