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HomeMy WebLinkAbout112975 LARIMER COUNTY SOLID WASTE - PURCHASE ORDER - 3215081PO PURCHASE ORDER 3215081 Page C117/ of PURCHASE 75081 1 of z ' `tCollins[ This number must appear V " on all invoices, packing sli s and labels. i Date: 01/09/2015 Vendor: 112975 LARIMER COUNTY SOLID WASTE PO BOX 1190 FORT COLLINS CO 80522-1190 Note: Line Date: 01 /08/2015 Description 1 2015 LANDFILL CHARGES 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 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET i FORT COLLINS CO 80524 1 LOT UOM Unit Price Extended Price LS 2,000.00 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. COMMERCIALDETAII.S. Tax exemptions. By starvrc the City of Fon Collim 6 exempt fmm installed [Mal taxes. Our Exemption Number is IL NON WAIVER. 9&04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchase. he imbt upon strict per( a-e of the terms and crnditiens hereof. failure or delay to formal Revenue, Denver, Colorado (Ref. Colorado Revised StaNta 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 -returnee of., payment for goods hereunder or approval of the design, shall not 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 warrantiu or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in hamit may be returned to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict performance hermfor any of its rights or remedies as b any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or weepted, as to any prior or subsequent default heremdeq nor shall any purported oral modification or rescission of this purcham order by the Purcbmer operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of are merchandise, services in equipment in response to this other can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. summarized Payment on We pan of the City of Fort Collins. However, it is to be, understand that FINAL Sella and due Purchase recognize chat in -rod aoromic practice, overcharges sauhing fmm a 6.1 ACCEPTANCE is dependent upon completion. fall applicable required japed. procedures. violations are in fact b rme by the Purchase. Theretofore, for good rouse and m consideration for exacting this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may new have or Jammu er Freight Terms. Shipments must be F.O.B., City of Fort Collins, 100 Wood St, Fort Collins, CO 80522, unless -quirk under federal or arum mditmsl laws for such overcharges relating he the per iculm goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchase pursuant to this purchase order. bill most accompany invoice. AMiiianal charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the commit distribution point to destination, and excess freight will Is, deducted from invoice when shipments are made from greater chemical. Permits. Seller shall prucurt at sailers sole cast all necessary pamit, cenlficma and license required by all applicable laws, regulations, ordinances and mles ofthe state, municipality, territory or polificd subdivision whcrt the work is performed, or required by any other dely constituted public authorry having jurisdiction over the weak of vend., Seller member agrees to hold the City of Fort Collins hand. final and against all liability and loss incurred by them by reason of an acsmed or extablishW violation of any such laws, regulations, onlinanees, roles and requir menus. Authorization. All parties to this contract agree that the representatives are, in fact, bom fide and possess full and complete authority to bind said tallies. LIMITATION OF TERMS. This Purchase Order expressly limitsacceptance to the more and conditions stated herein set forth and any supplementary or additional team and conditions annexed hereto or inceriam red herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mount make complete shipment W arrive on your promised delivery date as noted. Time is i f the aserxe. Delivery and Mi.. most he, effected wifin the time stated on Ne purchase maker and the docummt attached hereto. No tit of the Purchasers including, without limitmiom acttptantt of partial lam delivda, shall operate a e waiver of this provision. In Ne event ofany delay, the Purch.'¢fr shall bare, bl addition m other legal end the Seller reels not , the option of am gee Nis order elsewhere end holding the Sella liable for damages. hick am b the Seller shall not be liable for damage as a taunt of delays dud acts of reasonably foreseeablemilit., which am beyond its naonable control and without its tepidof emmgwgirs or such netsofend,arts ofcivil or milimry scausing governmentalpriorities,to the Bros stokes, flood, epidemics,wars e riots when the that notice re the conditions causing such delay is given to the h delay, t within five delivery days of the time when the Seller first received knowledge thereof. b In the evens of any such delay, the dace of delivery shall b< extended for the paid equal ache time weirdly loss by reason of the delay. 3. WARRANTY. The Seller wanranes Out all gods, snicks, materiels and work flew eel by this coder will cam with applicable drawings, specifications, samples amber other descriptions given, will be fit for the porpoises intended, ad performed with the highest degree of cam and competence in s uradence with accepted standads for wok of a similar mature. The Seller agrees N hold the purchaser harmless fmm any Ins,, damage of expense which the purchaser may suffer or incur on account of the Sellers breach of ammenty. The Seller shall reel-e, upon or make good, without cost o the purchaser, 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 demo of any applicable wmanry provided by the Seller mi the data of acceptance of the goods famished hereunder (acceptance not to be, unrcasombly delayed), resulting from imperfect or di ferive work dome or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not comtimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase ode, the Sellers liability hereunder shall extend to all damages proximately musk by Om breach of my of the fnegamit wommime or guzwwes, but such liability shall in raw event include loss ofpmfts or Ease of now. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal It. by wrium change wrier. 5. CHANGES IN COMMERCIAL TERMS. The Purchmen may make any changes 1. the terms, other then legal temp, including addifi.- ta or deletions from the quantities originally ordered in the sprcifications or drawings, by verbal or wrinm change order. If any such change affects the amount due or the time of perfnmance hereunder, an equimble adjustment shall be made. 6. TERMINATIONS. The Purchase may at any it. by writ. change order, mrmrame this agreement as to any or all portions of the guns then not shipped, subject to my equitable adjnnn con between the panic as to any weak or wourials ten in progress Provided that fie Purchaur shall not be liable for any claims for anticipve l profits on the uncomplerd portion of fc good maker work, fin incidental or meampoatial damages, and far we such adjournment M made to favor of the Seller with respect to my goods which are the, Sellers standard stock. No such tmmimtion shall relieve tha Purchases car the Seller of any offcir obligations as to any goods delivered broma der. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjamo ent most be rimed within thin, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants fat all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws sod regulations m which the good art subject The Seller shall execute and deliver such documents as may be requird ta effect our evidems ..pit.. All laws sand regulations terminal to he momflomted in agreement of fis chummier are hereby mompa rated herein by this reference. The Seller agrees ta indemnify and told Ore Ptuchaser hmmless farm all razes end damages sufTered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall .sign, transfer, or convey this order, or any monies due or to become due hereunder without the ,net written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tine to the Purchaser for all equipment', benterials, and items famished in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest mcumbmrma and claims loomera 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If me Purchaser directs the Sella to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Salle, and the Seller Hereafer indicates its inability an unwillingness to comply, the Purchaser may now the wok to be performed by the most expeditions means available to it, and the Seller shall pay all cast associated with such walk. The Seller shall release the Purchaser and its conttaerors of my tier from all liability and claims of my ranee resulting fmm the performance of such work This relaae shall apply even in the event of fault of negligence of the parry, released and shall extend to the dlmcsors, affects and employees ofsech parry. The Sellers contractual obligations, including wamnty, shall not be deemed in be reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, Patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reamer of the use of such Patented design, rVVc, notarial or proms, in retroaction with the contract and shall indemnify the Purchase for any cost expense or damage which it may be obliged to Pay by reason ofsesh infringement 0 any time during the prosecution or after the completion of the work. In case said equipment, or any pan ther a f or the inlenddd use of the goods, is in such suit held in commere infringement and the use of said equipment or pan is mammal, the Seller shall, at its own expense and at its option, either pmcmre for the Purchaser the tight to continue using said equipment or pans, replace fe same with substantially equal but noninfrini ing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or oustee for any of the Sellers property or business, this order may forthwith be canceled by the purchaser without liability. I& GOVERNING LAW. The defindom i feertm used or the interpremtiw i f the agreement and the right of all pmies heremda shill be, mmuud under and govcmd by the laws efOa Sure ofCcAmake. USA. The following Additiawl Conditions apply only in cases where the Seller is m perform work himander, including fie services of Sellm Representative(,), on fe premises afoll 11. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shalt in e of my accident, destruction or injury an the work wall materials before Sellers final completion ad -ceptrom, complete the work at Seller's awn expense and to the satisfaction of the Purchaer. When mmedals ad equipment art fumisbd by others for mis allmom or erection by this, Sella, the Seller shall reeve, mallard, state and handle same at fie site and become responsible therefor as dough such materials amber equipment were being famished by the Seller urda Nc cw rr. 18. INSURANCE. The, Seller shall, at his own expense, provide for the payment of workers cnmParanumn, including occ rpatimW disease bmefim, to its cmployces employed on or In connection with the walk eoverd by this purchase coder, anbor to their Oftentimes in accordance with the rows of the slide in which the work is to be done. The Seller shall elm carry comprehensive general liability including, but not limited to, contractual and automobile public liability imumnce with bodily injury and death limit of at least S300,000 for any one person, 16500,000 for any one accident and property damage limit peraccident of 5400,000. The Seller shall likewise require his comments, Worry, to provide for such compensation and insurance. Before any of the Sellers m his contractors employees shall do any work upon the premises i f others, the Seller shall famish me Purchaser with a certificate Oat such compensation and imumnce have been provided. Such cefi fiwtes shall specify the date when such compensation and insurance have been previded. Such ttnificata shall specify the date when such compensation and insurance expire. The Seller agrees Out such compenwtion end insurance shall be mainmined until after the mtim work is completed erd weeptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass ma the entire resµrmLiliry and liability for my sal all damage, loss or injury ofany kind or mature whatwevver to persons or property caused by or resulting fmm the execution of floe weak provided for in this pmchase order or in connection lumewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees fmm end against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purehater may be put or subject by reason of any mt action, neglect, omission or default on fie Part of the Seller, may, of his contractors, or my of the Sellers or reatments officers, agents in employees. In use any suit or other proceedings shall be brought against the Purchaser, or its officers, agent: or employees at any time on account or by reason of my act, action, logical, omission or default of the Seller of any of his contractors or my of its or thew officers, agdnes or employees as aforesaid, fie Seller hereby agrees to assume the defense Netmf and ta defect fie same in the Sellers own apense, to pay any and all mats, charges, attorneys fees and afar expenses, any and all judgments Out may be inctmed by or obtained against the Pnrchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in rose judgment or other lien be placed upon or .berm against fie property nfthe Purchaser, or said parties in or as a rout ofmch suits or other proceedings, the Seller will at once cause the same he be dissolved and dischargd by giving bind or otherwise. The Seller and his contrectors shall take ill safety precamlom, furnish and install all guards necessery for fie preven0on of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles add regulations issued pursuwm theme. Revised 0M014