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HomeMy WebLinkAbout109715 LARIMER COUNTY SOLID WASTE - PURCHASE ORDER - 3215025PO PURCHASE ORDER 321502er Page CI�/ of PURCHASE 15025 ' of z ' `ppearl F6rt Collins( his number must packing V ` �7 on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 109715 LARIMER COUNTY SOLID WASTE HAZARDOUS WASTE PROGRAM 5887 S TAFT HILL RD FORT COLLINS CO 80526 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buyer: Note Line Description vtuanury UOM Unit Price txrenaea nrderod DO,. Construction Supplies Annual 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@fogov.com 1 LOT LS 5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 r Terms and Conditions Page 2 of 2 I. COMMERCIALDETAI S. Tax exempuos. By same the City of Fort Collins is exempt from sure and kcal tars. Oar Exemption Number is H. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is a gnams, alien be, Coven, of Fa lme of the Purchaser to insist upon strict performance of the mass and conditions hureof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colombo Revised Saints 1993, CbMain 39.26, 114 (a). exam sa my rights or rotation provided herein or by law, failure to routinely mli fy the Sella in be event of a breach, the acceptance ofor payment for goods hereunder or approval ofbu design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of MY of he warranties or obligations of this purchase order and shall not be deemM a waiver of my right of the damage in transit, may m renamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance herc rfor any of its rights or remedies as in any such goods, regardless instructions from be City of For Collins. of when shipped, received or accepted, ss to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by be Puchaser operas, as a waiver of my of the terms Inspection. GOODS are subject to be City effort Collins inspection m criminal. hereof. Final Acceptance. Receipt of the merchandise, services of equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authonred payment m the par of the City of Fart Collins. However, it is to be understand but FINAL Sella and de purchaser recognise but in accord monions, practice, o etcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable rxluiM impabou proodures. violations ere in fact home by the Purchaser. Theretofore, for goad cause anal s comidemtion for exearing this purchase order, the Sera hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments most be F.O.H., City of Fort Collins, 200 Wood SL, Fort Collins, CO 80522, mines acquired uMa fx1em or sale antitrust lass fur such overcharges relating to 0m particular gods or services otherwise specifial an this order. Uperro ssion is given or poultry freight and charge sepevtely, the original freight purchased or acquired by the Purchase( porsumt m this purthsx order. bill must accompany invoice. Additional charges for lucking wir not he occipital. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment District. Where manufacturers have distributing Points in various Pans of the country, shipment is If the Pumhaer directs the Seller to correct minumbrming or defensive goods by a done to be agreed cum by the expected from the nearest distribution Point to destination, and excess freight will be deducted Sam Invoice when Purchaser and the Selleq and be Seller thereafter indicates is inability or unwillingness to comply, he purchaser shipments are made from greater distance, may cause the work to be performed by the most expeditious means available to it, and be Seller shall pay all casts associated with such work. Purmia. Seller shall procure at sellers sale cost all necessary permits, ceri0emes and licenses raMoul by all applicable laws, regulations, ordimncs and tales of he site, municipality, tenimry or palatal subdivision where The Seller shall release be Purchaser and its contractors of any tier form all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over be work resulting form be performance ofsuch was. of vendor. Seller Lumber agrees to hold the City of Fon Collins harmless from and alli st all liability oral has incurred by hem by reason of an ..it or ssblebed violation of my such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of be parry mease t and shall extend to the and ramp meus. threctors, oMan sad employees fsuch parry. Authorization All parties to this commet agree bar be reps na moves are. in fact, bons fide and possess fun and complete authority to limit said ponies. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to be tams oral andidos stated herein set forth and my supplementary or additional tams and conditions amexal herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejecrW. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amw on your promised delivery date as noted. Time is ofthe essence. Delivery and pafmmme. most be effiated within the time stated on be purchase order and be documents attached hereto. No acts of the Purchown including, without limitation, acceptance affronted late delivmes, shall operate as a waiver of this pronsion. In he even, army delay, the Purchaser shall have, in addition to other legal oral equitable remedies. the option ofplacing this order elsewhere and holding be Sella liable for damages. However, be Sella shall not be liable for damages in a result of delays due to causes not reason bty formable which are beyond is reasonable control am without its fault ofnegligece, such acts of God, acta of civil or military indmitics, governmental pnon4ex, Gm. Mikes, nand, irradiates, was a riots provided but antics of be conditions coming such delay u give. to the Portion, within five (5) days of be time when she Seller first meived knowledge thereof In the event of my such delay, be date of delivery shall be extended for be period aryal to the Lime achally lost by realm ofthe delay. 3. WARRANTY. The Seller warrants bar all goods, articles, materials and work covered by this order will conform with applicable dromnll , specificanars, samples cod/m other dsmptime given, will be fir for the purposes inteadal, and Turbaned with be highest degree of care and competence in accordance with accepted standards for work of. similar rime. The Seller agrees to hold be purchaser harmless from my lose, damage or expense which be Purchaser may suffer or mem on account ofthe Sellers breach armament, The Seller shall replace, repair or make good, widanit cast to be parchser, my defas or faults arising within one (1) Year or within such longer period of Lima as may be Dm uribed by law or by the terns of my applicable wammty provided by be Seller after List date of acceptance of be goods f ished heteumer (mapmme not m be unreasonably delayed), resulting from impafat a defective wok done of mammals famished by be Sella. Aaepwrce or use of goads by the purchaser shall nor corstimx a waiver ofany claim under this wmrmry. Except u otherwise provided in this purchase order, the Sellers liability heremdw shall extend to all damages proximately caused by the breach of my of the foregoing warmnties or gmnntas, but such liability shall in no event include lass of petits or loss of sc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make thing. to legal terns by wriaen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other Ilan legal terms. including additions to or deletion from the quantities originally ordered in be .,nnifienions or drawings, by vemol or written cban6e ardor. If my such change affects be amount due or be time of perfommce hereunder, a equitable adjustment shall h made. 6. TERMINATIONS. the purchaser may or my time by with change oiler, mrminate bix Matters as . my or all portions of the goods then net shipped, subject to any Monistic adjustment bans. be pant. s to my wok Or matenaB then in progress provided that the Purchaser shall at Is, liable for any claims for anticipated profits on be uv<ompinal Portion ofthe goods and/or work, for incidental or consequential damages, and that an such adjustment be, made in favor of the Seller with respect to any goads which ace be Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any of their obligations m to my goods delivered hereunder. ]. CLAIMS FOR ADIUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is o demd. 8. COMPLIANCE WITH LAW. The Sella wmrans that all goods sold hereunder shall have ban produced, sold, delivered and famished in stria compliance with all applicable taus and regulations to which be goods ice subject The Sella shall execute cud deliver such dmwents as maybe requital to efW io evidentt compliance. All lass am ,We.. re proad to be incorporated in agreements of this charmer are hereby incorporated herein by tau refemce. The Sella ogres m indemnify and hold don purchaser hmmles from all urns am damags suffcral by be, Purchaser an is result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither parry shall assign, hem eq or convey this order, or my monies due or to become due hacunda without be PH., wrinen consent ofthe other party. 10. TITLE. The Seller warms or, clear and menumb red title to be Purchaser for all equipment, materials, and it. banished in performance of this amommnt, free and clew of my and all dims, mtrichons, reservations, security interest encumbrances and claims oral.. The Sellers canmcmal obligations, including oxii shall sot be decr d to ba reduced, in my way, has. such wok is perfumed or caused to be performed by the Pocehaxr. 14. PATENTS. Whenever the Sella is mluimd m use any design, device, material or process covered by liner, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, nominal or roman in connection with be contract, and shall indemni fy the Puchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during be prosecution or after be completion of the work. In cast said equipment, or My pan them( or be intended use of be goods, is in such suit held to constitute infringement anal be use of said equipment or pan is enjoined, be Seller shall, at is own expense and at its option, either Finance far the Purchase the right w continue using said equipment or parts, replay the same with substantially actual but mainfringing equipment or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make m assignment fur be b scra of creditors, appoint is receiver or mosee for my of he Sellers Property or business, this order may forthwith be cancelal by be Purchaser without liability. Is. GOVERNING LAW. The definitions oftema used or the interpretation ofthe agreement and be rights of all parties hereunder shall be commied under and governed by the laws ofthe State of Colorado, USA. The bravo g Additional Conditions apply only in cases where the Sella is to perform wok heeunds, including be services of Sellers Represenalive(s), on be premises ofothers. IZ SELLERS RESPONSIBILITY. The Sella shall carry on said wok in Sellers own in, =tit the same is Polly completed am accepted, coal shall. in cox of my accident detraction Or injury in the wok coal mammals before Sellers final completion and eccepuna, complete the wok at Sella. own expense and to be satisfaction of be Purchases. When mammals Mat equipment art hum bed by others for imalhdon or erection by the Sella, the Seller shall receive, unload, start sand handle same m the site and baorc responsible therefor we though such materials and/or aluipme st were being famished by th Sella order the order. 18. INSURANCE. The Seller shall, out his own expense, provide for be payment of workers compensation, including matfunional disease benefits, to its employces employed on or in correction with be work covered by this purchase order, and/or m their dependenn in accordance with be laws of the sale in which be work is to be done. The Seller shall also wary comprehesive natural liability including, but not limited to, continental and automobile public liability insurance with bodily injury and death limits of at least 5300.Om for my one pion, 5500,000 for my one accident and property damage limit per accident of SUXID00. The Seller shall likewise mryire his convrcoor , irony, to provide for such compensation and insurance. Be! any orda, Sellers or hia Comm ors employax shall do my wok upon the premises of others, be Scuershall fiunish be Purchaser with a cerificare but such comperessition and insurance have bean pmvxd Such mmficros shall specify be date when such compensation and insurance have hen provided. Such ratfiemea shall apociy the date when such mmpmmtion and insurance expires. The Sella ogrera dal such comp risitim am insurance shall be maintained mall after the entire work is mmpletal and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby aviation be mum responsibility and liabilityfor my and all damage, loss or injury ofmy kind or nature whatsaever to persons or property caused by or resulting from be execution ofthe work provided for in this purchase order or in connection herewith. The Seller will imemni fy and hold hmmless be Purchaser and any or all of be Purchasers officers, agents and employees from and against my and all claims, losses, damages, chm,. or expenses, whether dimt or indirect, and wheha to persmrs a property to which thz Pmcbxsm may be put or subject by reason of my act, action, neglect, omission or default on the pan of be Seller, my of his convectors, or my of be Sellers at contractors officers, agents or employees In case my suit in other proceedings shall be brought spent be Rachmer, or in officers, agents or employees at my time can account or by ceaxn of my uL anion. neglect, omission or default of be Sella of my of his conmaors or my of its or ban officers, agents or employees as aforesaid, be Sella hereby egras to some he defame themf am W defend be same. the Sellers own expense to Pay my and all coca, charges, mat eys far and ober expenses. my and all judgments but may be incorrect by in obtained against he Punctuator or my of its or bar officers, agents or employees in sorh suits or oher pmecalings, and in case judgment or otter lien h placed upon or obtained against he Luminary, ofthe Furchser, or said parties in or as a taint of such suits or other proceedings, be Seller will al once ruse he same m be dissolved and brela gal by giving band or otherwise. The Sella and his conmartme shall take all safely precautions, famish and instill all guards necessary for be prevention of accidents, comply with all laws and regulations with regard W safety including, but without limiaim, be Occupational Safety and Heath Act of 1970 and all mles and regulations issued p anent thereto. Revised 07n014