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HomeMy WebLinkAbout348315 B F I TOWER ROAD LANDFILL - PURCHASE ORDER - 3215178Fort Collins Date: 01 /12/2015 Vendor: 348315 B F 1 TOWER ROAD LANDFILL PO BOX 99831 CHICAGO IL 60696-7631 PURCHASE ORDER PO Number Page 3215178 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: 01/12/2015 Buyer: PAT JOHNSON 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 UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Waste Disposal 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 10,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80622-0580 Page 2 of 2 1. COMMERCIALDETAILS. Tare exemptions. By statute the City of Fog Collins is exempt from sure and Iaced toes, Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions herwf, 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 notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS MEMO due to failure to meet specifications, either whom shipped or due M defects of any of the warrangics or obligations of this purchase order and shall not be deemed a raver of any right of the damage in transit, may be rammed w you for credit and are not to be replaced except upon receipt of written purchaser an insist upon strict performance hereafor any spits rights or remedies as to any such goods, regardless instructions from the City Offset Collins of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate es a waiver of any of the terms Inspection. GOODS are subject to the City of Port Collins inspection on arrival herwf Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. amlloriaed payment on the pan of the City of Fog Collins. However, it is to be understood the FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fan home by the Ptachaser. 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 hereafter Freight Terms. Shipment on be F.0 B., City of Fog Collins, NO Wood St, Fog Collins, CO 80522, wless acquired under federal or state antitrust laws for such overcharges relating in the particular 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 Purchaser pursuant to this purchase order, bill must accompany invoice. AddrLond charges for packing will not be accepted. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disviumng points in various pans of the come". shipment is Here Purchaser directs the Seller to correct nonconforming or defective good by a daze to be agreed upon by the expected from foe nearest distribution point to damnation, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments me made from greater distance may cause the work to be performed by the most expeditious means mailable to it and the Seller shall pay ail casts associated with such work. Pamirs. Seller shill procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and cola of the sane, municipdiry, termer, or political subdivision where The Seller shall release the Purrhaur and its convectors of any net fmm all liability and claims of any name the work is performed, or required by any other duly wghtmed public authority having jurisdiction over the work resubm, from the performance of such work. of vmdir. Seller further agrees to hold me City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mice This release shall apply even in the event of fault of negligence of the pany released and shall extend w the and requirements directors, officers and employees of such party. Authorivdon. All paroa So this contract agee ther the representatives are, in fact, bona fide and possess fall and The Sellers contractual obligations, including warrmry, shall not be denned to be oxmwL in my way, because complete immunity to bind mild Davies such work is performed or pseud to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions Stated herein set forth and my supplementary or additional terms and conditions mnexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ache essence. Delivery and performmce must be effected within the time stated on the purchase order and the documents attached herein No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shill operate as a waiver of this provision. In the event of my delay, the Purchaser shill have, in addition a cement lead and equitable 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 reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes. Road, epidemics, wars or nets provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time whin the Seller first received knowledge eherwf In the event of any such delay, the dam of delivery Shall be extended for the period equal w the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, Samples author other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence In mcordance with accepted aandard for work of as imilar .muse. The Seller agrees w hold de purchaser biggest from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wmanty. The Seller shill replace, epalr or make good, without cost to the purebaeq 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 terns of any applicable warranty provided by the Seller alter me data of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mammals famished by the Seller. Acceptance or use of goads by the Purchaser shall Out wnstiwwawaiverofgayclaimunderthiswe w Exceptwotherwiseprovidedin Ihtspuchaeorder,the Sellers liability hereunder Shall extend wail de nages proximately p=ed by the breach of my of me foregoing wartanam or guarantees, but such liability shill in no event include loss of profit or loss of ass. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by winner change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make =y changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spwi6wdons or drawing, by verbal or written charge order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, remainder this agreement as to any or ail portions of the goods then not shipped, subject to my equitable adjustment between the parries as to my work or nationals then in progress provided mat me Purchaser shall not be liable for any claims for anticipated profit on the =completed portion of the goads and/or work for incidence] or consequential damages, and dust no such adjustment be made in favor of the Seller with on,cur w any goods shoal are the Sellers sundard stock. No such germination shill relieve me Purchaser or me Seller of my of their obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be awned within mire, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants than all good sold hereunder shall have been produced, sold, delivered and furnished in aria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulalians required o be ncoryoutell in agreement of this character are hereby incoryo®ed herein by this reference, The Seller agrees to indemnify and hold the Purchaser harmless from WI wsu and damages suffered by the Purchaser a a raWt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry slid] assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE, The Seller warrant full, clear and unrestricted tide w the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest mmmbrances and saints ofomers. 14. PATENTS. Whenever the Seller is required to use my design, device, materiel or process covered by lariat, parem, vedemark or copyright the Seller mall indemnify and save harmless the Purchaser from my and if claims for infringement by reason of the use of such patented design, device, mammal or process in connection with the control, and stall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or afar the completion of the work, In case said equipment, or any pan thereof or the intended use of me goods, is in such suit held to constitute infringement and the use of add equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with aubmanca ly acted but noninfringmg equipment or modify it m it becomes mnmfnnging 15 INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser widem liability. 16. GOVERNING LAW. The definitions clumps used or the interpretation of the agreement and the rights of all parties hereunder shell be construed Order and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represenutivels), on the premises afodams. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers awn risk until the sate is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work and/or marends before Seller's find completion and acceptance. complete the work at Seller's own expense and be the satisfaction of the Purchaser. Whom materiels and equipment are furnished by others for installation or erection by the Seller, the Seller mall receive, sagged, sure and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his most expense, provide for the payment of workers wmpertsation, including mcupacond disease benefits, to its employees employed on or in connection with the work covered by this purchase order, amUcr he their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also cart, comprehensive general liability including, but not limited to, < teal and automobile public liablliry insurance with bodily Injury and deem limits of M least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 54W,000. The Seller shall likewise require his Suriname, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shill famish the Purdhaer with a certificate than such compensation and insurance have been provided. Such certificates dldl specify the data when such compensation and insurmce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the more work is wmpined and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and ail damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the wank provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or if of the Purchasers officers. agent and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of my act action, neglect omission or default on the pm of the Seller any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought again he Purchaser, or is officers, agents or employees at any time on account or by reason of my act action, neglect omission or default of the Seller of any of his contractors or my of it or their officers, agents or employees as aforesaid, the Seller hereby Wom to assume the defense thereof and to defend the same ar the Sailers own expense, to pay my and dl costs, charges, moneys fact and other as purses, my and all judgment mar may be incurred by or obtained against the Purchaser or my of it or their officers. agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will d once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his ..to. shill cake ail safety precautions, famish Said initial all guard nacesery for the Interaction of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and if rdes and regulations issued pursuant theme, Revised 07R014