Loading...
HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF NO COLORADO - PURCHASE ORDER - 3215271PO PURCHASE ORDER 3215271 Page City of PURCHASE 15271 t of 2 ' `tCollins` This number must appear V " on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 109244 WASTE MANAGEMENT OF NO COLORADO 40950 WELD COUNTY RD 25 AULT CO 80610 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@fogov.com 1 LOT LS Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By smtua the City of Too Collins is exempt from smte and local taxes Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificale of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof, 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 ofor 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 warranties or obligations of this purchase order and shall not be doemed a waiver of any right of the damage in transit, may be teNmed to you far credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance Instants, my of its rights or remedies as to any such goods, regardless instructions from the City ofFort Collins. of when shipped, received or accepted, as to any prior or subsequent dcfmlt hereunder, nor shall any pmponed oral modification or rescission of this purchase order by the Purchases operate as a waiver army of fie lento forearm, GOODS are subject to the City of Fon Collins inspection on initial. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in new[ a m a is practice, overcharges resulting frontitrust nfor ngood ACCEPTANCE o dependent upon completion of all applicable required inspection procedures. violations me in fact home by the Purchaser. Theretofore, cause and as consideration for examing this purchase order, the Seller hereby assigns; to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments mutt be F.O.R., City of Fair Collins, 900 Wood St, Fort Collins, CO 80522. unless acquired under fedxral or state anlmanst laws for such ovenh rges relating to the particular goods or services oferwise specified on this order. Upermission is given 1. prepay freight and charge separately, Me original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When reanufacfrers have distributing points in various pans of the country, shipment is If Me Purchaser directs the Seller to correct nonconforming or defective goods by a&te to be agreed upon by the expected from the nearest distribution in, to destination, and excess freight will be deduced from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness On comply, ode Purchaser shipments one made from greater distance. may cuss the work to be renewed by the most expeditious meets available ro it, and the Seller shall pay all costs associated with such work. Permit. Seller shall procure at sellers sole cost all necessary, permits, cenifrcates and licenses required by all applicable laws, regulations, ordinance. and tales of ode state, mmicipalily, nation, or political subdivision where Me work is perforated, or required by any ofer duly constituted public authority having jurbaliction over the work of vendor. Seller fmtbev agrees to hold fie City of Fact Collins harmless fiver and against all liability and loss incorrect by fern by reason of an restated or established violation of any such laws, regulations, orditiomes, rules and requirements. Aufmbation. All parties to this contract agree that fie rep esenmmives are, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxptessly limits acc@la , to the law and conditions stated herein set fed and my supPlar enrary or additional to= aM conditions aanexed hereto or incorporated herein by re@race. Any additional or different terms and condnims proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to anive on your promised delivery dare as noted. Time is of fe essence. Delivery and performance most be, effected within the time stated on the purr ase order and fie documents attached hereto. No cuss of fie Pmcharrs including, without limitation, acceptance of partial Um deliveries, shall operate s a waiver of fis prevision. In the event of any delay, fie Puchaser shall have, in addition to other legal and v uimbb remedies, the option ofplacing this order elsewhere and holding she Seiler liable for damages. However, fie Seller shall nor M liable for damages M a resu11 orcia., due so causes not reaonably fumsaable which am beyond its reasonable control and without its fault of negligence, suchactsofGod, acesofcivil or militaryauthorities,governmental amndes, It., strikes, road, epidemics, wars or was Provided that antic of fe comditimo musing such delay is giver to fie purchaser within fat (5) tip of the time when fie Serer fiat received knowledge therm[ In fie event of my such delay, fie date of delivery Shan be extended for fie period quat to the time actually lost by rem an offe delay. 3. WARRANTY. The Seller comma fat all good, derides, mmcnab and work evetd by this order will conform wif applicable dmuivgs, specifcamons, samples mdlor ether desenptions given, will be fit far fie purposes intended, and performed with fie highest degree of are and competence in accordance wit accepted standard for work of a urtils nature. The Serer agrers 1. hold fie purchaser hams. from my Ions, damage or experue which fie Purchaser may stiller or incur oa account of fie Sellers breach of warmly. The Seller shall replace, repair Or make good, wifout cost to fie pouchasm my defers or ran[%wising within one (1) year m within such longer period of time M may be prevented by law or by the team army applicable x.W provided by fie Sell. after fie date of acceptance of the good famished hereunder (zcesptmme rot to be werewwbly delayed), resulting from imperfect or iterative work done or contains, fomisbed by fie Seller. Acceptance or use of goods by the Purchaser shall tact constitute a waiver ofany claim coder fis.1y. Except as otherwiu provided in this purchase aNer, fie Sellers liability hereunder shall extend too ell damages proximately ..it by fie breach of my of fie foregoing wmmnties 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. 4. CHANGES IN LEGAL TERMS. The Purchaser may note changes m legal to= by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to fie reran, other than legal terms, including additions to or deletions Form Me quantities mn, finally ordered in the specifwtiom or drawings, by verbal or women change order. If any such change affects fie amount due or fie time of perfomonce hereunder, an aintable adjustment shall be made. 6.7EERMINATIONS. The Panimer may et any time by wrown change order, terminate this agmement as to any or all podions of the goods fen not shipped, subject to my equitable adjustment between fie parties as to any work or materials then in progress Provided that the Purchaser shall not be liable for any claims for anticipated profits on fie uncompleted portion of fe goads andror work, for incidental or consequential damages, and that no such adjustment be made in favor of fe Seller with respat to any goods which are fie Salim sandand stock. No such termination shall cities. Me Purchase or fie Seller army of their obligations as m any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adman. must be assented within thirty (30) days from the date the change .r termination is ordered. S. COMPLIANCE WITH LAW. The Seller wartants that all good sold M1tteunder shall have been produced, sold, delivered and furnished in stria compliance with all applicable laws and regulations to which fie goods me subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be incorporated in ageennow of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold fie Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior combat consent offs other parry. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interer encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any her from all limility and claims of any nature resulting fmm the pefarmmce of such work. This release shall apply even in fe event of fault of ncgligcncc of fie Party record and shall extend to the directors, officers and employees of such party. The Sellels mmmaual obligations, including warranty, shall not be dermed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PAT'ENTS. Whenever the Seiler is required to use my design, device, material or process covered by leered patend, uadcnurk or copyright, the Seller shall indemnify and save harmless the Pumbsa fmm any and all claims for infringement by rearm of the use of such learned design, device, contend or protean in connection with fie comma, and shall indemnify the Purchaser for any exist, expanse or damage which it may ho obliged to pay by reason nfsuch infringement a1 any time during the prosecution or arm fie completion of fie wol,. In case said equipment, or any pan thereof or fie immded use of the good, is in such suit held to constimm infnaganenm and the use of said equipment or pan is enjoined, the Seller shall, a1 its own expense and at its option, cifer procure for fie Purchaser the right to continue ming said equipment or pans, replace to stare with substantially equal but nrninfringing equipmenr, or modify it so it becomes mninftinging. 15. INSOLVENCY. If the Seller shall become insolvent or food mpt. mate an assignment for fie benefit of creditors, appoint a receiver or trMtee for any of the Sellers properry m bmitass, this order may foMwith be canceled by fie purchase, without liability. 16. GOVERNING LAW. The definitions of temss used or fie interpretation ofthe agreement and the rights oral[ parties hereunder shall be construed under and governed by fie laws of fc Slide of Colorado, USA. The following Additional Conditions apply only in caxa where do Seller is to perform wool, Insomniac, including 0a services of Sellers Representarive(sl. on the premier ofofers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until fie same u fully completed and accepted, and shall, rase of my accident destruction or injury to fie work aMtor comeriah bet Sellers final candosion and acceptance, complete the work at Seuces own expense and to fie satisfaction of fie Purchaser. When cannabis and equipment arc fumuhed by others for installation or creation by the Seller , the Seller shall receive, unload, store and handle same at the site and become tespomible ficrefor as though such materiels —Nor equipment were being hummed by the Sell. under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compawtion, including occupational disease benefits, to its employees employed on or in connection with fie work covered by this purchase order, aM/or to their dependents in accordance with the laws of fie stare in which the work is to tx done. The Seller shall also mny comprehensive general liability including, but not limited to, cuntmctml and automobile public liability insurance with bodily injury and Jonah limits of at lest 5300,000 far very one person. S50gb k) for any one accident and property damage limit per accident of S4W,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and ins e. Before very of the Sellers or err his contractors employers shall do my work upon to premises aromas, fie Seller still furnish fie Purchaser wit a certificate fm such compenvtion and insurance have been provided. Such confoma shall specify fie dote when such compensation and insurance have been provided. Such certificates shall specify the date when such Compensation and innummoc expires. The Seller agrees that such compensation and insurance shall be, canonical until after the entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the once naponability and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting fmm the execution affix work provided for in this purchau order or in connection herewith. The Seller will indemnify and hold harmless the Purchase and my 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 persom or property to which fie Purchser may be put or subject by reason of any act, action, neg[at omission or default on the pan of fie Seller, any of his contractors, or any of the Sellers or comparators oRcers, agents or employees. In case, any suit or other proceedings shall be brought against the purchaser, or its officers, agents or employees in my time on account or by rennin of my act, action, neglect, omission or default of the Seller of my of his contractors in my of its or their officers, agents or employees M aforesaid, the Seller hereby agrees to assume fie defense thereof and to defend the same at the Sellers own expanse to pay my and all costs, charges, anomcys fees and ofer exporters, any and all judgments that may be incurred by or obtained against to Pmcbnser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or ofer 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 at once muse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his commcmrs shall take all safety precautions, furnish and install all guard necessary for fie prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fie Occupational Safety and Health Act of 1990 and all rules and regulations issued pursunnt thereto. Revised 07Q014