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HomeMy WebLinkAbout119699 GALLEGOS SANITATION INC - PURCHASE ORDER - 9120061PURCHASE ORDER PO Number Page City of9120061 + of 2 Flirt CollinsChis number must appear ,�—,J`-, ` 1 'J on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 119699 Ship To: NATURAL RESOURCES GALLEGOS SANITATION INC CITY OF FORT COLLINS PO BOX 1986 200 W. MOUNTAIN FORT COLLINS Colorado 80522-1986 FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Trash Compactor for Nix 1 LOT LS 13,000.00 USED 34 CUBIC YARD STATIONARY COMPACTOR PER QUOTED FROM LEVI GALLEGOS Total $13,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11 NONWAIVER. 9R414502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist area 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 pmvided herein or by law, failure to promptly notify the Seller in the event of n 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 specification, either when shipped or due to defects of any of the wartaatics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be retuned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hamofor any of its rights or remedies as to any such goals. regardless instructions from the Citv offal Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported mal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teens Inspection. GOODS am 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. ASS IG NM ENT OF A NTITRUST CLA I M S. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon complction of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Thcu tnfnre, for good cause and as consideration for executing this purchase oNer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaficr Freight Terms Shipments must be F.O.B.. City of Fort Collins 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the Mnieular goods or services othenvisc specified on this order. If permission is given to prepay freight and charge separately, the Original freight purchased or acquirerd by the Purchnscr 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. Where manufactumm have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted fen, Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made front greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cat all necessary permits, certifcata and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the 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, mlcs and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona file and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional term, and conditions annexed herctu or incorporated 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 cannot make complete shipment to arrive on your promised dclivcry date as noted. Time is ofthe essence Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of rartial laic deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Parchaur shall have, in addition to other legal and equitable remedies, the option of rlacing 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 arc beyond its reasonable control and without its fault ofnegligenec. such acts of God, acts nfrivil or military authorities govemmcaal priorities, fires, strikes, Bond epidemics, wars or riots provided that entice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will he fa for the parlro." intended, and reformed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmlms from any loss, damage or expense which the Purchaser m2v suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace, repair or make good, without cost to the pumhzse, any dcfecs or faults arising within are (I) year or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller Ecr the date of acceptance ofthe grad, famished hereunder (acceptance not to be unreasonably delayed), mind ing fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the purchaser shall not constitute a waiver of any claim under this wantonly. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wapntics or gi amntces, but such liabi l try 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. CHANCES IN LEGAL. TERMS. The Purchaser may make changes to legal tells by written change amen 5. CHANCES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally Ordered in the specifications or drawings, by verbal or written change order. If any such change effects the amount due or the time of perfomance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions Of the gads then not shipped, subject to any equitable adjustment between the panics as to any work or material, than in progniss provided that the Purchaser shall not be liable for any claims for anticipated profits on the 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 any goods which arc the Scllcrs standard stock. No such termination shall relieve the Puehascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mint be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good, sold hereunder shall have been produced. sold, delivered and furnished in strict 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 effect orevidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hapless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior wzinen consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials. and items fumishcd in performance of this agreement. free and clear of any and all liens, restrictions, reservations. security interest eneumbmnces and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend in the dinceum officers and employees ofsuch party. The Seller'., contactual obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. pateal, trademark or copyright, the Seller shall indcnmify and save hamdcss the Pumhascr front anv and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact. and shall indemnify the Purchnscr for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any part thereof or the intended ase of the goods, 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 Pamlm,cr the right to cmainue using said equipment or pans, replace the same with substantially equal but anninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvcnl or bankrupt make an assignment for the beneft of creditors, appoint a receiver or trustee for any of the Scllcis property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tans used or the interpretation of the agreement and the rights craft panics hereunder shall be construed under 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 ofSellers Representativc(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident datmetion or injury to the work and/or onacnnL before Scllcr'., final completion and acceptance, camplctc the work at Settees own cxpca,c and to the satisfaction of the Purchase, When materials and equipment are furnished by others for installation or crcetion by the Seller. the Sellershall receive, unload. store and handle same nl the site and become responsible therefor as though such materials and/or equipment were being burnished by the Seller under the order. 18. INSURANCE. The Seller shill, at his men expense, provide for the payment of workers compensation, including occupational disease benefits. to its copfoyces employed On Or in connection with the work covered by this purchase order, and/or to their dependents in accoulmec with the Imes of the state in which the work is to be done. The Seller shall also carry comprchcnaive gcneml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500.000 for any One accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall spcci(,v the date when such compensation and insurance expires. The Seller agrees that such compensation and histamine shall be maintained until one, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatcocvcr to persons or progeny caused by or resulting fmm the execution ofthe work pmvided for in this purchase ender or in connection hcrewhh. The Seller will indemnify and hold harmlcss the Purchaser and any or 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 persons or proper., to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors. or any of the Scllers or contnctom officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr, or its officers, agents or employees at any time on account or by reason Of any net. action, neglect, omission or default of the Seller of any of his contractors or any of its or their offncrs, agents or employees as afammid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be hncumd by or obtained against the Purchaser or any Of its or their offecs. agents or employees in such .suits or other proceedings and in case judgment or other lien he placed upon or Obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other pmeccdings. the Seller will at once cause the same to be dix,olved and discharged by giving bond or othenvisc The Seller and his contractors shall take all safety, precautions, famish 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 Sultry and Health Act of 1970 and all ales and regulations issued pursuanl thereto. Revised 03/2010