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HomeMy WebLinkAbout119699 GALLEGOS SANITATION INC - PURCHASE ORDER - 3212190PURCHASE ORDER PO Number Page City Of///��� 3212190 1 of z Fort Collins This number must appear ,�—J`-' ` ` J on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 119699 Ship To: WATER UTILITIES GALLEGOS SANITATION INC CITY OF FORT COLLINS PO BOX 1986 700 WOOD ST FORT COLLINS Colorado 80522-1986 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 Ordered Extended Price 2012 Blanket Order 1 LOT LS 8,000.00 Utilities C3. Oita:-uQ d� 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: $8,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 99-M502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist atoll 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 ar remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance ofor payment (a, goods hereunder or approval ofthe design. shall not release the Scllerof Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or duc to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waircr of any right of the damage in transit, m:ry be mounted to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon stria performance hercofor any ofits rights or remedies as to any such grads, regvdless instructions form the City of Fon Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any M the toms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the ntc¢hzndise, services or equipment in response in this older can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amitmsl ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. 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 hnvc or hercaner Freight Terms. Shipments must be F.O.B., City of From Collins, 700 Wood St., Tom Collins CO 80522. 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 pm,,y freight and charge separately, the original freight purchased or acquired by the Purchaser Fairmont to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaennom have distributing points in various pans 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 from the nearest distribution point to destination, 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 arc made farm greater distance. may cause the work to be performed by the most expeditions means mailable to it, and the Seller shall p.av all costs associmcd With such work. Permits. Seller shall pmcam at sellers sale cost all necessary permits, cenifieates and licenses required by all applicable laws, regulations ordinances and Telex ofthe state, municipality, territory or political subdivision where the mark is performed, or required by any other duly constituted public authority, having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by than by reason of an asscned or established violation of any such laws, regdntmos, ondinances, roles and requirements. Authonzvion. All panics to this contract agree that the mprcsentatives are. in fact. bona fide 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 mo ns and conditions annexed hereto or incorpnmtcd h ncin by refeence. Any additional or different it., and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive on your premised delivery date To, noted. Time is of the essence. Delivery and performance must he effected Within the time stated on the purchase order and the documents attached hereto. No acts of the Purchascrs including, without limitation, acceptance editorial late deliveries. shall operate as a state, ofth)s provision. In the event afnny delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this older 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 reuanably foreseeable which am beyond its reasonable control and without its fault of negligencc, such acts of God, acts of civil or military authorities, governmental priorities, rims, strikes flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of did ivcm shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seiler warrants that all goods, articles, materials and work covered by this order will confront with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perforated 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 harntleW from any loss, damage or expense Which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, Without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pelted of time as may be prescribed by Ire or by the terms ofany applicable warranty provided by the Scllcr after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective Walk done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcdy caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of esc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal tents by Written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions form the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. b.-TERMINATIONS. The purchaser may at any time by written change order, terminate this agreement as In any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any Work To materials then in progacss provided that the purchaser shall not be liable for anv claims for anticipated profits on the uncompleted panic. of the goods and/or Work, far incidental or consequential damages, and that no such adjustment he made in favor of the Seller With respect in any good Which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warms that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance Alf lams and regulation, required to be incorporated in agreements ofthis character are hereby incorporated herein by this reference. 'Fhe Seller agrees to indemnify and hold the Purchaser hamdess 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 duc hereunder without the prior written consent ofthc other parry. 10. TITLE. The Seller Warnts full, clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in pcifomtanee of this agreement, free and clear of any and all liens, restrictions, reservations, security intcrost encumbrances and claims of others. The Seller shill release the Purchaser and its contractors of any tier form rill liability and claims Marry nature resulting from the performance of such work. flux release shall apply even in the event of fault of negligence of the party relcnsed and shall extend to the dimctr,. allicers and employees of such party. The Seller's contractual obligations, including warnt, 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, patent, trademark at copyright, the Seller shall indemnifv and save bamdess the Purchaser from any and all claims for infringement by reason of the use of such patented design. device, material or press in connection With the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofmch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the gook, is in such snit held to constitute infringement and the use of mid 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 anninfringing equipment, or modify it so it becomes n rrinfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent at bankrupt make an assignment for the bencft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The dnnitions oftcrms used or the interpretation ofthe agreement and the rights ofall parties hereunder shnll be construed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases Where the Seller is to perform work hereunder. including the services of Sellers Representalive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said Work at Seller's own risk until the snore is fully completed and accepted, and shall, in crsc inlay, accident destruction or injury to the work and/or materials before Seller's final completion and .acceptance, conmplete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials .and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment Were being furnished by the Scllcr underthe order. 18. INSURANCE. The Scllcr shrill, at his own expense, provide for the payment of nerkcrs compensation, including accup ttional disease hcirl to its employees employed on or in connection With the work covered by this purchase order. anchor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, mmracual and automobile public liability insurance with bodily injuy and death limits of at (cast S300.000 for any one person. S500,000 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewixc require his contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upan the premises of others, the Seller shall furnish the Purchaser with . eertificatc that such compensation and insurance have been parrided. Stich certificates .shall specify the date When such compensation and insurance hnvc been pmvidcd. Such certificates shall specify the date when such comp roanion and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until aft, 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. Ins, ar injury ofany kind or nature whatsoever to persons or progeny caused by or resulting from the execution of the Work provided for in this purchase order Or in connection harmu ith. The Seller Will indemnify and hold harMcc the Purchaser and any or all of the purchasers officers, agents and employees form and against any and all claims losses, damages. charges or expenses, whether direct or indirect, and it octher to persons or property to which the purchaser may be put or subject by reason of any act action, neglect, omission or default on the pun of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees In ease any suit or other proceedings shall be brought against the Purchascr, or its effects. agents err employees at any time an account or by reason of any act action, neglect omission or default ofthe Seller of any of his contractors or any of its or lhcir officers, agents err employee, as aforesaid, the Seller h,chy agrees to lissome the defense thereof and to defend the same a t the Sellers own expense, to pay any and all costs, charges attorneys Ice, nod other expenses, any and all judgments That nary be incurred by or obtained against the Purchascr or any of its or their officers, .agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property ofthe Purchaser. or said parties in ar as a result of inch suiu mother proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all .solely precautions furnish and install all glands 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 talcs and regulations issued pursuant Ihemtn. Rcvi,wd ON20I0