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HomeMy WebLinkAbout152598 ACM TEXAS - PURCHASE ORDER - 88000030461122) City of Fort Collins Page Number: 1 City of Fort Collins Date: 01 /02/08 BLANKET Purchase Order Number: 8800003 Vendor: 152598 Ship To: ACM - TEXAS'LLC DRAKE WATER' RECLAMATION FACILITY PO BOX 270941 CITY OF FORT COLLINS FORT COLLINS CO 80527 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 ..euvely vase: ivavuo Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. 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 Qty/Units Description Extended Price 1 BLANKET PO FOR 2008 MAGNESIUM HYDROXIDE MAGNESIUM HYDROXIDE (HYMAG 94) PRICE $412.40/DRY TON, F.O.B. DRAKE WRF, FORT COLLINS, COLORADO. PRODUCT DELIVERED IN SLURRY. PRICE TO BE HELD FIRM FOR 1/1108 - 12/31/08 PER BOB McCRELESS LETTER DATED 06 DECEMBER 2007. Total This order is rfQthalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580 25,000.00 $25,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS - Invoice Addles. To ensure prompt Payment mail invoices in duplicate to: City of Fan Collins Accounting Division P.O. Be. 580 Fat Collins, CO 80522 Tax exemptions. By statute the City of Foil Collins is exempt from star and ]cal taxes. One Exemption Numbcl' is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6OW587 is registered with the Collector of Iatennl Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m name speci ficntions, either when shipped or due to defects of damage in haruit, may be returned to you for credit and are not to be replaeed except upat receipt of written Instructions fiom the City of Foil Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on snivel. Final Acceptance. Receipt ofthe merchandise, salvias m e,iipnwn in response to this order can Iemd1 in aathonad payment on the Pan of the City of Pat Collins. However, it is 10 Ne nndemood den FINAL ACCEPTANCE is dependent upon completion of nit applicable required inspection procedures Freight Terns. Shipments must be ROD., City of Fan Collins. 700 Wood St., Foil Collins, CO 80522, unless otherwise specified on this order If penis iim is given to pre1nY fieigln and charge mpmtely, the original freighl bill mum accompany invoice. Additional charges forPacking will not tee accepted. Shipment Distance. Where manufactures hove dinuilnning points in various polls of to country, shipment is expected from the u met distribution point to datinotion, and excess ficight will be deducted front Invoice when shipments are made firm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cauticaes and liceme requied by all applicable laws, regulations, ordinances and rules of the state, municipality, lerimry or political subdivision when the work is performed, or required by any other duly continued public authority havingjuris fiction over the work of vendor. Seller further agrees to bold the City of Fort Collins hamless final and against all liability and lots Insured by them by reaon of rat ..,led or etablished violation of airy snch laws, regulations, ordinances, rules and requirements. Autlemiketion. All panics to this contract agree that the representatives are, in fact, bona fide and Im moss full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits nocelmance to the terns and conditions stated herein set Rath and any supplensnmry or additional teas and conditions annexed ]let em or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby r'ejoewd. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immedimely if you cmmot make complete shipment to an'im on your presented delivery date as noted. Time is of the eacnce. Delivery and prfomance must be effected within Ole lime stated on the Purchase order and the documents attached hereto. No acts of the Pnahmers including, without lunnation, acceptance of pmial late deliveries, shall operate as a waive of this provision. In the event of any delay. the Pamhmearsholl have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for dan igcs as a rcsnil ofdelays due to causes not reamnably foreseeable which are beyond is reasonable control and without its fault of negligence. such ass of God, acts of civil or military authorities, governmental pl'ioritics, fins, strikes, flood, epidemics, wors or riots Provided slat notim, of the conditions tensing such delay is given to the Purclmser within five (5) days of the time when the Seller feet received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually limit by reaon of the ddoy 3 WARRANTY. The Seller wam us fall all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample, nailer other donaiptions given, will 0e @ for ilia pealmos intended, and Performed wit], the highs, degree Ore.. and conrpamce in accordance with accepted standards far met, ore similar nature. The Seller agrees to hold the pumlimu homles from any loss, damage or expense which the Purchaser nnay saline, or' Incum account of the Sellers breach of wamnty. The Sellershall replace. rep it of make good, wi@cut cosuo the purchase,', any defects or faults rising within one (1) year or within such longer Period of time u may prescribed by Pow err by the mars of any applicable wamnty Provided by Nis Seller offer llte date of acceptance of the goods famished hereunder (acceptance no, ne be toneuonably delayed), madting from impol Not or defective work time m materials famished by the Seller. Acceptance or use of goods by the Pearhnser shall not constitute a waiver of any claim under this wamnty. Except m otherwise provided in this aneha, order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing mo makes Or guarantees, but such liability shall in no event include Ims of profits oios of ism. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI'[ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change oriel'. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal man, including additions to cis deletions from the quantities originally ordered in the specifications or drawings, by ecrbe] or wean change order. If any snch change affects the amount due or the time of performance hereunder, in equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may of any time by wl'iuen clange order, terminate this agreement as to any or all Anions of the goods then not shipped, subject to any equitable adjustrnent bcnvecn the Isenla asm any work of materials then in progress provided that the Purchuer shall not be liable for any claims for anti ismod profs on the uncompleted prtion of the goods adror work, for incidental m eonnegnentinl damages, and linen. snch adjustment be made in favor often Seller with rmpect to any goods which are the Sellers standard stock. No Stich leminnion shall relieve the Purchaser or the Seller orally of their obligations as to any good delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim fee armament mutt be asserted within thirty (30) days from flee date 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 finished in strict compliance with all applicable laws and regulations to which the goods am sublets. The Scllel'shall execute and deliver such docamaus as may be required to off., m evidence complinnce. All Paws and regulations required to he incorporated in agleemens of this character are hereby incogrointed herein by this reference. The Seller agrees to indemnify and hold the Purchaser' hmmless from all costs and damages suffered by the Purchaser as n result of the Sellers failure to comply with amh Imv. 9. ASSIGNMENT. Neither pony shall assign, transfer, elective, this order, or any monies due or to becorne due hereunder without to prior wrlttah consent Of the other pally. 10, TITLE Tree Sella warrants fall, clear and unmuncted lisle m this Purchaser for all ellipnen, materials, and items famished n prfonnano, of this agmmant,o, free and clear of any and all liens, restrictions, reservations, security interest encmnbrances and claims of others. I1. NONWAIVER. Failure of the Purchaser to insist upon strict perfomance of the terms and conditions hereof, failure or delay to exercise any fights or remedies provided herein or by Imv, 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 ally of the warranties or obligations of this purchase order and shall not be Named a waiver of any right of the plrchmer to insist upon strict performance hereof or any of its rights of lelnedla as to any such goods, regardless of when shipped, nvrived or accepted, as to mry prior m subsequent default hereunder, nor shall any potponed oral modification or rescission of this purchase order by the Purclaser operate as a waiver of of On terns hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller' and the Purchaser' Ireognix, that in actaol otmomie practice, overcharge resulting from mtitnm violations are in fact bone by the Purchaser.Theretofore, for good cause and as consideration for naming this purchera over, the Seller hereby assigns to the Purchuer any and all claims it may now have or hereafter acquired under federal or state antitrust Imes for such overcharges relating to the panicular goods or services purchased or acquired by the Purchuer puaumn to this purchase order 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchases' dimes the Saller'to correct nonconforming or defective goods by a date to he agreed upon by the Pe0aser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the wok to be performed by the nvent expeditions means available to it, mid the Seller shall pay all cats associated with such work. The Sc11er shall release the Purchuer and its contractors of any net from all liability and claims of any nature resulting from the dun fonmance of snch wort. l"his release still[ aply even in the event of fait of negligence of the pity released and shall extend to the directors, officers and employees of such Fully. Tree Sellers commensal obligaions, irtdnding warranty, that[ not Ise deaned to be reduced in any way, because snch work is I erfonned or caused to be perforated by the Pumhuel'. 14. PATENTS. Whatever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sellel'steal] indemnify and save homeless the Purchuer from any and all clears for infringement by lesion of the use ofsuch pleated design, device, material or proses in cameetion with the contract, and shall indenmify the Purchmer for any cost, expense or damage which it may be obliged to pay by reaon of such infiingemem at any time daring to prosecution or after the completion of the work. In case said equipment, or any Fill thereof or the intended use of the goods, is in mch suit held ,o constitute infringement and We use of said equipment or pit is enjoined the Sellen'shall, at is own expense and at its option, either procure far the Purchmer the right to continue using said equipment or posts, roplace the saute with substantially equal but non-in0inging aluilmhan, or modify it so it become non -infringing. 15.INSOLVENCV. If the Seiler shall besonhc insolvent or Lonkrupt, make an assignment for the benefit of creditors, appoint a receiver or'truse. fa' any of the Sellers pa,li ny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The deftnitims of terms used or the inleryretatiah of the agreement mid the tights of all parties hereunder shall be consumed under and govemed by the laws orthe State of Colorado, USA. The following Additional Conditions apply unly in cues where the Seller is to pei form work hereunder, including obis services of Sellers Represemmi.ad, on the premises of others. 17. SELLERS RESPONSIBILITY. "rho Seller shall carry it said work at Sellers own risk until the sane is fully completed and accepted, and shall, in case of any accident, destructible m injury to the work and/or materials before Sellers fine] mn dnion mid acceptance, complete the work in Sellers own expense and w the saisfletion of the Purchaser. When nemn* and cquilnnan are hmsished by other for installation or erection by the Seller, the Sellel'shall receive, unload, store and handle same m1 the site and became responsible tarefo' Os though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of worke. compensation, including occupational disease benefits, to its employees mortared on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry conryrehensive general liability including, but not limited to, cannictual and autnembile public liability insmmnce with bodily injury and death limits of en least 5300.000 for any one perme, $500.000 for anyone accident and property damage limi, pal' accident of 5400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contmcmns employees shall do any wok Open the ,.a. oforhcrs, the Seller shall famish [lie Purchaser with a certificate ilia such compensation and ...manse have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such semi banes she]] specify the date when such compensation and insmmnice expires. The Seller agrees that such compenmtion and insurance shall be maintained until after the entire work is completed mid accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msuma the entire responsibility and liability totally and all damage, loss or injury of any kind of nature whatsoever to goes or properly canned by or resulting ream the exetution of the work provided for in this pnrchme order a' in connection herewith. The Seller will indemnify and hold hamlets the Purchmer need any or all of the Purchasers omens, agents and employers fivm and against any and all claims, losses, dmmgcs, charges or c.ponnes, whether direct or indirect, and whether to peaons or property to which the Purchmer may be put or subject by reason of any act, anion, neglect, omission or default an the pan of the Seller, any of his conleacum or any of the Sellers of cornractom officers, agents m employees. In case any suit or Other proceedings shall be brought against d w Purchmer, or its met., agents or employees at any time an account or by reason of my se,, action, neglect, Omission or default of the Seller of any of his contractors or any of its ol'their offices, agents or employees as af.remid, the Seller hereby a glees m msumc the defense thereof and to defend the tame al the Sellers own expense, to pay any and all costs, charges, mmmeys fees and other expenses, any and all judgments that may he incurred by or obt ined against the Purchmer of any of is or thew.051 gens or employees in such mis a' aher proceedings, and in can judgneem or mIu,, lien be placed up. or obtained against the progeny of the Purchaser, m said panics in or as a result of such snits or other proceedings. the Seller' will at once cause the some to be dissolved and diselarged by giving bond m o0mwixe. The Seller and his conbactas dmll take of safety pccautions, furnish mad last.[] all guards necessary for the prevention of accidents, comply with all Paws and regulations with regn'd to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pnrsuanuherem. Revised 1IN