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HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF NO COLORADO - PURCHASE ORDER - 3215050PO PURCHASE ORDER 321505er Page C117/ of PURCHASE 15050 t of 2 ' `tCollinsI This number must appear V on all invoices, packing sli s and labels. Date: 01/0512015 Vendor: 109244 Ship To: PARK MAINTENANCE WASTE MANAGEMENT OF NO COLORADO CITY OF FORT COLLINS 40950 WELD COUNTY RD 25 413 S BRYAN AULT CO 80610 FORT COLLINS CO 80521 Delivery Date: 01/05/2015 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. Line Description Quantity Ordered UOM Unit Price Extended Price 2015 Annual Blanket Order 1 LOT LS 20,000.00 Trash & Recycling Services PER 7119 WASTE STREAM MANAGEMENT SERVICES CONTRACT AWARD TO WASTE MANAGEMENT FOR TRASH & RECYCLING SRVICES. 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 Total Pay terms net 30 days 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. COMMERCIALDETAILS. Tax eaxmptions. By sutute, the City of Fart Collins is exempt firming stale end local rues. Our Exem man Nmnber is 98-04502. Federal Excise Tax Exemption CMificak of Registry 84-6000587 is registered with the collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Sumtes 1973, Chapter 39-26. 114 (a). Goods Rejected, GOODS REJECTED due W failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and art not to be replaced except upon receipt of wrinev iwtructione from the City OfFon Collins. Inspection. GOODS are subject to the City of Fan Collins imparting on arrival. Ft.] Ascepmnce. Receipt of the merchandise, smlecs or eq.to. of .,.e in this order wn result in authorized payment on the pan of the City of Fiat Collins. However, it is to be understood Out FINAL ACCEPTANCE is depcdent upon completing ofall applicable required inspection procedures. Freight Terms. Shimmina must be F.O.B., City of Fog Collins, 700 Wood St., Fog Collins, CO 80522, unless otherwise specified on this order. If permission is given to paepay freight and charge m,ramly, the origi.l freight bill most accompany invoice. Additional charges for ranking will tot vaccepted. Shipment Distance. Whem manufacturers have distributing Finings w various parts of be country, shipment is expected f We nmmat, distribution point to destitution, and excess freight will be deducted fmm Invoice what shipments are made from greater dumence. Permits. Seller shall passage at sellers sole cost all necessary, permits, rafifintm and licenses raluird by all applicable laws, regulations, nMimnces and toles of the slate, municipality, large, 0r political subdivision where the work is performed, or natural by any other duly wriggled public authority having jurisdiction over the work of vaufor. Seller further agrees to hold the City of Fun Collins harmless from and against all liability and lass incurred by them by reason of an maimed or established violation of any such laws, regulations, ordinances, toles fegaireatmn. Authorization. All polies to this contract agree that the mpresenutives are, in fact, bum fide and possess full and complete authority to bind mid panic. LIMITATION OF TERMS. This Purchase Oder expressly limits mceprome to the Irwin and ranging surd herein sat loan and my supplemmmy or additional terns and conditions amexed hereto or incorporated Mein by reference. Any additional or diRamt terms and condilimts proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdimely ifyou women make complete shipment to arrive on your promised delivery dale w noted. Time is of the essence. Delivery and performance most be effected within the time scud on the purchase order and she documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operates as a waiver of this provision. In the event crater delay, the Purchaser shall have, in addition to other legal and addible 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 reaonably foraceable which are beyond its reasonable cannot and without its fault of negligence. such acts fGod, was ofcivil. military a margins, grome.ental priorities, foes, strikes, Bond, @id.b wars or firs provided Wan notice of the conditions nosing such delay is given to the Purchaser within Eve (5) days of the time when We Seller first received knowledge thereof. In the event of my such delay, We date of delivery shall he extended for We period aqual to the time actually long by semen of the delay. 3. WARRANTY. Tole Seller warrants Oat all goods, aniclm, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description,'nm, will he fin for the purposes intended, and performed with the highest degree of care and compeamen in sccorderm, with ecu gal standard for wok of is similar .rare. The Seller agrees to Mid the pmcf e r hvmlm from on, loss, damage or expense which the Purchaser may sulk or incur on account rf We Sell. breach of wa.ney. The Seller shall replace, repair or make gaud, without cost W the parchaser, my defects or faults arising within oue (1) year or within such longer period of time as maybe prescriMl by law or by We temp ofmy applicable warravry Provided by the Seller alter the date of acePance of the goods fumishd hmmder (acceptance not to be umeamtably delayed), resulting fmm impM t or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not onstiNte a waiver of any claim under this warranty. Except m 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 at guammees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Tole Purchaser may make changes to tell tea. by mid. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the grow, other Nan legal tetras, including additions to or deletions from the quanrities originally ordered in the specifications or drawings, by valsal or written change order. If any such change affeck the amount due or the time ofpedommance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may to any time by wrinm change order, mandtate this agreement as to any or all pordom of the goods then not shipped, subject to my aryisable adjustment between the parties as to any work or materials then in pralines provided Out the Purcbaa shall not be liable for any claims for anticipamed profits ern the uncompleted pushing of the goods andfm work, for iucidenml or comer bemial damages, and Out an such djimman be made in I.., ofihe Sella with mespat to any good which art the Sellers smndmd stock. No such rermlmtion slurl relieve the Purchaser or the Sella of my crown obligations m to any gards delivered hounder. I. CLAIMS FOR ADJUSTMENT. Any claim for mi con ent mum be sommad within thirty (30) days from We date the change or temtinsian is ordered. R. COMPLIANCE WITH LAW. Thc Seller wamns that all goods to hounder shall have been produced, sold, delivered and fumishd in soar, compliance with all applicable laws and wgWalias, in which the goods core subjam. The Sella shall execute end deliver such doammts as may he samurai to effect of evidence compliarim. All laws and regulations s uisad to be incorporated in agreements of this character aft hmby Incorpomtd herein by this mormagce. The Sella agrtm 0 indemnify and hold Or Purchaser hmmlem from all rusk snd damages suRad by the Puahmer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mnsRr, or convey this order, or my monies due or to become due hereunder without the prior wrinen consent of the other party. to. TITLE. The Seller warrants full, clear and mnerstricted into ad the Purchaser for all aLuiPmeat, man rims. and items fiunished in prgbm was of this agreement, Our and clear of my and all liw, sainctions, ramations. marry interest commbmncm and claims of others. 11. NONWArVER. Failure of We Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to exise arights ar remdim provided herein or by law, failure m promptly notify the Seller in the went of a breacny h the acceptance ofrr payment for goods hereunder or eppmval nfthe design, shall nth oil. the Seller of my of the warranties or obligations of this purchase order and shall root be doomed a waiver of my right of the pmchamr to insert upon sides performance hermfor my of its rights or remedies as to any such goods, regardless of when shipped, received or incepted, m to my prior or subsequent default begander, nor shall any purported and modification m rescission of this purthase order by the Purchaser opmm as a waver of my of the sums hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and We Pmebaser secagnia Out in actual a ... omit practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofort,for, good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under fdeml or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Done Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, aid the Seller thereafter indicates its stability or mwillingness to comply. We Purcha may came the work to be perf ed by the most expeditiova means available 0 it, and de, Seller at pay all costs mosciatd such such wok. The Seller shall release fe Parlance and its immigrants of my tier fmm all liability and claims of my mime resulting fmm the performance ofsuch wok. This release shall apply even in the event of fault of negligence of We poly released and shall extend to the directors, officers and employees of such Perry. The Sellers abnormal obligations, including warranty, sha11.1 be deemed to be reduced, in any way, because such wok is performed ar caused W be performed by the Puaftems. 14. PATENTS. Whenever the Seller is requited to use any design, device, material or morass covered by later, pmmt tademark or copyright, the Seller shall indemnify and save harmless the Purchaser fool my and all claims for infringement by rennin of the use of such patented design, device, material or process in mmection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason of such infringement at my time during the posaution or after the completion of the work. In ease said equipment, or any pan thermf or the intended we of the goods, u in such suit held to constitute infringement and the use of mid equipment or past is joined, tle Seller shaft, at its own expense and at its option, either procure for the Purchaser, the right to continue using said ryuip-mit or parts, replace the same with automatically egml but nonfMnging aryipmrnL m modify it. it becomes mrdnMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of cmdhom. cannot a receiver or trustee for my of the Sellers property of business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmmn wed or We interrogating ofthe agreement and the rights of all parties hereunder shall be construed insider and govi mad by the laws of the Stole of Colorado, USA. The fallowing Addifio.l Conditions apply but, in was where the Seller is to perform wok hereunder, including to services ofSellm Represeamtive(s), on the premises ofoders II. SELLERS RESPONSIBILITY. The Seller shall curry an mid work at Sellers own risk until the same is illy completed and sum md, and shall, in tie of any uccidenl, distraction or injury to Ore work and/or materials before Sellers fi.l completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchasing. When materials and equipment are fiunishd by others for installation or erection by We Seller, the Sella shall receive, unload, store and handle same at the site and became responsible therefor m though such materials and/or equipment were being fmishd by the Seller ander We order. IB. INSURANCE. The Sella shall, at his own expense, provide for the payment of wokers compnwtion, including occupational disease Mrefs, to its employees employed on m in eamcaion with the wok covered by this purchase under, and/or to their dependence in accordance with We laws of the some in which the weak is to be done. The Sella shall Aso carry comprehasive general liability including, bus nth limited to, eontmet.l and ammvoMle, public liability insurance with bodily injury and death limits of at least s300,000 for my one person, $500,001 for any one accident and proper damage limit per accident of $400,000. The Seller shall likewise requim his command, if any, to provide for such mmperroui in and insurance. Before any of the Sellers or his comucmrs employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a cethfiwte Out such comp —cation and insurance have been provided. Such certificates shall specify the date when such comper ation and insurance have berm provided. Such ceniBcates shall s gasilytIm date when such compensation and becomes, expires. The Sella agrees that such eumpeamtim and insurance shall be maintained =61 after the entire work is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asa.. the .,an responstbiliry, and liability fro any and all damage, loss or injury ofmy kind or nature whatsoever to persom or partial, comead by or resulting fmm We execution of one wok provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlms the Purchaser and any r 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 persona or property to which the Purchaser may be put or subject by season of my act artinn, neglect, emission or default on the pan of the Seller, my of his contractors, or any of We Sella in conunaors officers, agents or employees. In exam my suit or other proceedings shall be bought against the Purchaser, or its oRicm, agent or employees as my time on acwmt or by team. or any act scion, madeal, omission or default of the Sella of my of his contactors or my of its err thew officers, agents or employer as aforesaid, We Sella hereby agsea to assume the defense thermal' and to defend the same at the Sell. own expense, to pay my and all costs, charges, attomeys f and other expenses, my and all judgments Out may be incurred by or obtained against she P Iaaser in my of its or bar officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or ob there l against the property of the Purchaser, or said mania in in w a melt nfsuch .in or other proceedings, she Seller will at once cause the tome to be dissolved and discharged by giving bond ar otherwise. The Sella and his contractors shall sake all safety precautions, furnish and i.mll all gwards necessary for the prevention of accidents, comply whit all laws and regulations with mgard to safety including, but without lim noon, the Occupational Safety and Health Act of 1970 and all rules end regu domissud pursuant thereto. Revised G7n014