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HomeMy WebLinkAbout112975 LARIMER COUNTY SOLID WASTE - PURCHASE ORDER - 3215237PO PURCHASE ORDER 321523er Page City of PURCHASE 3215237 1 of z ' `F6rt Chis number must packing ` Collins` 1 , on all invoices, packing sli s and labels. Date: 01/1212015 Vendor: 112975 Ship To: WATER UTILITIES LARIMER COUNTY SOLID WASTE CITY OF FORT COLLINS PO BOX 1190 700 WOOD ST FORT COLLINS CO 80522-1190 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 2015 Blanket Order 1 LOT LS 10,000.00 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 f111111MITITUY- sea ,a VIM,-•IR6LSi Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City effort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONW AIVER. 99-US02. Federal Excise Tax Exemption Comforts of Registry 84-6000582 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions harm( failure or delay w Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statues 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a breach, the aueprance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due or defecs of any of the warranties or obligations of this purchase order and shall not be deemed a server of any right of the damage in transit may be resumed Ig you for credit and are act to be replaced except upon receipt of women purchaser to insist upon strict performance hereofor any of its rights or remedies m to my such goods, regardless inactions from the City of Fan Collins. of when shipped, received or accepted, as m my prior or subsequent default hereunder, nor shall my purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS are subject to the City of Fort Collins inspection on arrival . hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. accounted! payment on the pm of the Ciry of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognice Nat in actual economic practice. overcharges resulting from mtiment ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and its consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terns. Shipments noun be F 0 B., City of Fan Collins, 700 Wood St, Too Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to 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 acqui red by the Purchaser pursuant to this purchase order, bill most accompany invoice. Additional charges for packing will am be accepted. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser direces the Seller to correct nowernfoming or defective goods by a date to be agreed upon by the expected from the nearest dominant point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillin®tess m comply, the Purchaser shipments are made from greater distance. may cause the work w be performed by the coon expeditious norms available to it and rise Seller shall pay all ins¢ associated with such work. Permits. Seller shel procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules argon state, immorality, territory or political subdivision where in work is performed, or required by any other duly constituted public aumoar, having jurisdiction over the mark of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and comple r authority to bind sold parties. LIMITATION OF TERMS, This Purchase Order expressly limits xcceptmce m the as. and conditions sated herein set forth and any supplementary or additional tames and conditions annexed hrem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected ew and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Delivery and performance must be effect d within the time stated on the purchase order and the documents anzched herein. No acts of the Purchasers including, without limitation,acceptance of paniai lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of plating 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 contml and without its Nair of negligence, such no of God acts of civil or military aothanties. governmmd pnonties, fires, strikes, flood, epidemics, sears or nots provided On muce of the conditions causing such delay is give to me Purchaer within five (5) days or de time when the Seller first received knowledge therm( In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, matenals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold me purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of yo ranty The Seller shall replace, repair or make good, without over in the purchaser, my defects or faults arising within one (1) year or within such longer proud of time as may be, prevented by law or by the terms ofany applicable wartanry provided by the Seller after the data of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resoling from imperfect or de&hive work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not consumm a waiver of any claim under this warranty. Except u otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. i. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms. office Om legal terms, including acclaims w or deletions fmm me quarmures originally ordered in she specificamens or drawings. by verbat or written change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to my or all portions of de goods than not shipped, subject to my equitable adjustment between the parties as to my work or materials men in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on he uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard hock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADNSTMEM1T. Any claim for adjustment must be aaened within thin, (30) days from the One the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in short compliance wish 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 regulations required to be incorporated in agreements of this charmser are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Puchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey, this order, or my monies due or to become due hereunder without the ,no, vermin consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to din Purchaser for all equipment materials, and items famished in performance orders agreement, free and clear army and all liens, restrictions, reservations, security interest mcurnbrances and claims of others. The Seller shall release the Purchaser and its Comm ctors of any der from all liability and claims of my name resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dneeton, oDlcam and employees of such pain. The Salleh contractual obligations, including wormy, shall not be deemed in be reduced in my way, because such work is performed or caused to he performed by the Purchaser. 14, PATENTS. NTmever the Seller is required w use my deign, device, maredW or process mvea by Imer, pemt uademark or copynght the Seller shall indemnify and save hamdess the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged co pay by reason of such Infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan 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 parts, replace the same with substantially equal but noninfnaging equipment or modify it so it becomes mninfroging. 15, INSOLVENCY. If the Seller shall became molvent or bankrupt make an assignment for the benefit of cushions, appoint a receiver or taste, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without to biliry. 16. GOVERNING LAW. The definuums of temo used or the Interpretation of din agreement and the rights of all parties hereunder shall be construed under and govemed by me 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 RepresentarivNs), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cagy on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident denmction or injury to the work amber materials before Sellers fined completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installing or erection by the Seller, the Seller shall receive, unload, score and handle same ar the site and become responsible therefor as though such materials and/or equipment were being furnished by dre Seller under the order. B.INSURANCE. The Seller shall, ar his own expense, provide for the payment of workers compensation, including occupational disease benefiea, to its employees employed on or in connecting with rise work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is ro or done. This, Seller shall also carry comprehensive gaped liability including, btu not limited to, contractual and automobile public liability insurance with tidily injury and death limies of at least S300,000 for any one person, S500,000 for my one accident and prig any damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of orheq the Seller shall famish she Purchaser with a ceni0cam Oat such compensation and insurance have been provide. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shal specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after are more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND D.INAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury army kind or nature whatsoever to persons or property mused by or resoling from the exammin of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmleax me Purchaser and my or all of the Purchasers officers, agents and employees from and egotist my and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or propen, to which the Purchaser may be put or subject by reason of my act, action, neglect omission or default on the part of the Seller my of his contractors. or my of the Sellers or xmorchrs officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time can account or by reason of my an, action, neglect, omission or default of me Seller of my of his contrmmrs or my of its or their officers, agents or employees m trammed, the Seller hereby agrees to assume the defense thereof and to defend the same at me Sellers own expense, to pay my and all costs, charges, ..mays fee and other expenses, my and all judgments that may be incurred by or obtained opinion the Purchaser or my of its or their officers, Vents or employees in such suits or other proceedings, and in can judgment or other lien be placed upon or obtained against the propen, of the Purchasm, or said parties in arm a moult of such sours or other proceedings, the Seller will at once cause the same to he dissolved and discharged by Is bond or otherwise. The Seller and his conuacmrs shall take all safety precautions, fomisb and install all guards necessary for the prevention 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 miles and regulations issued pursuant thereto. Revised 07/2014