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HomeMy WebLinkAbout119699 GALLEGOS SANITATION INC - PURCHASE ORDER - 3215088Fort Collins PURCHASE ORDER PO Number Page 3215088 left his number must appear on all invoices, packing sli s and labels. Date: 01/09/2015 Vendor: 119699 Ship To: STREETS DEPARTMENT GALLEGOS SANITATION INC CITY OF FORT COLLINS PO BOX 1986 625 NINTH STREET FORT COLLINS CO 80522-1986 FORT COLLINS CO 80524 I Date: 01 /08/2015 Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 CONTRACTUAL 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 1 LOT LS 5,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDUALLS. Tax caemptiom. By stage the City of Fort Callim bastard from slate and local taxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Ceaifale of Registry S4.6000587 is registered with the Collector of Immoral Revaim, Denver, Colorado (Her Colorado Revised Staates 1923, Chapter 39-26, 114 (al. Goods Rejected. GOODS REJECTED due In bailee 0 meet specifications, either whim shipped or due to defecrs of damage in transit may be retuned to you far credit and are not to he replaced except upon receipt of wrinen instructions rep the City of Fart Collins, Impaction. GOODS are subject to the City affirm Collins inspection on normal. 11. NONWAWER. Failure of the Perchaser to insist upon and performance of the emu and candidate; hereof, failure or delay to exemise rem any rights or edies provided herein or by law, failure to promptly notify the Seller in the event of a br each, the acceptance arm payment for goods hereunder or ap omrst ofthe design, shall not release the Seller of my of the adin ties cr obhgatons of this purchase carer and shall von he deemed a waiver of any right of the purchaser to insist upon inner perlotmmtt hereob or my of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default heremder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of FortCollins. However, it is to be understood that FINAL Seller and the Purchaser recognim that in actual economic practice, overcharges resulting from antitrust ACCEPrANCE is dependentupon completion ofall applicable required inspectimprocedurd. violations are in fact home by the Purchaser. Theretofore, for good came all as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and or claims it may now have or hereafter Freight Terms, Shipments most be F.O.B., City of Fort Collins, 900 Wood St., Fart Collins, CO 80522, unless acquired undo federal or site antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. if permission is given to prepay, height and charge separately, the original freight purchased or acqulted by the Purchaser pursuanuo this purchase order. bill most acconoanv invoia. Additional chemes for packing will rot be accepted. Shipment Distance. Where no nub tasters have distributing points in vmiom parts of the country, shipment is expemed from the nearest distribution point to deductions, and excess freight will be deduced from Invoice when shipments are made farm greater distance. Permits. Seller shall procure A sellers sole cast all necessary pemtirs, catifcian and licenses requited by all applicable laws, regulations, ordinances and rates of the sue, municipality, tanner ry or political subdivision when the work is performed, or carmen by my other duly amounted public authority hazing jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fan Callim hamdess from and agmail rill liability all loss incurred by them by down of an mimed or esublished violation of any such laws, regulations, ordinances, rules and relmoso ms. Autherizalim. All pence, m this emosi t some that the representatives are, in feel, bona fide and Pa.. full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits accepance to the terms and conditions stated herein set grant and any mpplandmay or ndditioml team and conditions annexed here, or inc rpomted herein by reference. Any additional or different ream 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 era your premised delivery date as noted. Time is of the essence. Delivery and performance most he effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchases including, without limitation, acceptance criminal late deliveries, shall operate in a waiver of Nis provision. In the evert army delay, the Purchaser shall have, in addhim to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not he liable for damages m a result of delays due to sous ma eaurtably foresemble which are beyond its rea arable antral and wihom its fault of negligence, such acts of God, cars of civil or military suWondce, govemmenul priorities, fires, strOres, flood, epidemics, wars or riots provided that rich cc of the conditions aging such delay is given to the Purchaser within five (5) days of thc time when the Seller rim received knowledge thereof In the event of my such delay, the date of delivery shall he extended for the period equal to the time mtually lost by ream. critic delay. 3. WARRANTY. The Seller wanvnts that all goods, articles, materials 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 cart and compound in accordance with accepted standard for work of a similar nmure. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer d incur an account of the Sellers brawn of.y. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of time as nay te premrial by law or by toe terms of my applicable wornnry provided by the Sella after the date of acceptance of the good famished hereunder (accepwtce not to he unreasonably delayed), resulting from imperfect or defective work done or materials fumit by the Seller. Acceptance or use of good by the Purchased: shall not dominate a waiver army claim under this viscosity. Except as otherwis provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately maed by the breach of my of toe foregoing warranties or gumamds, but such liability shall in no event include less ofpmOts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mrm by wrinim change odes. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any chanties ,the rams, other than legal terms, including additions , or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wring change order. If any such change affecrs the amount due or the time of perfoomnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writren change order, terminate this agreement m to my ar all portions of the good then not shipped, subject to any equitable adjustment between the ponies as to my work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profirs on the mcamplded Portion ofthe goals and/or work, for incidental or consequential damages, ell that no such w1jmtmmt be, made in favor of the Seller with respect to my good which are the Sellers starch d track No such mountains shall relieve the Purchaser or the Sellerofany oftheu obligation as to my good delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any maim for adjusment most be amoval within thirty (30) days from the dare the change or termination is ordered. 8. COMPLIANCE WITHIAW. The Seller wanmrs that all good sold heremda shall have ban produced, cold, delivered and fumished in ruin compliance with all applicable laws and dgulatlom to which the goads am subject The Seller shall execute and deliver such documents as may be remind to effect or evidence compliance. All laws and mplatiom required to be tcorpamted in agreements of this character 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 Purchaser 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, become due hereunder without the prior wdnen commit orme other party. IO.TITLE. The Sella warrants full, clear and bmdoweredlid, to the Purchaser for all sequinned, rmtdiabs. and itemsBanished in performance of this agreement, flee od them of my and all lies, restrictions, mod—fiom, security moment encurebmncaa all claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct aaonfoaming or defective good by a dare, be agreed upon by the Purchaser oral the Seller, anal the Sella thereafter indicates its liability m unwillingness to comply, the Purchaser may cause the work , he performed by the met expeditious meant mailable a it, mM the Seller shall pay all costs asmcimed with such work. The Seller shall release the Purchaser and its migration; of my tier boom all liability and claims of my nature resulting from the performance of such work. This ml. shall apply evert in the runt of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contracnml obligations, including warranty, shall car be deemed to be reduced, in my way, beanie such work is perfarmN or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mineral or process covered by letter, patent, trademark or copyright, the Seller shall indemnify end sme moulds the Purchaser from my all all claims far infringement by roan of the use of such patented design, device, material or process in connection with the contract, oral shall indemnify the Purchaser fro my cost, expense or damage which it may he obliged, pay by moon of such infringement at any rime during the prosecution or after the completion of the work. In case said equipment, or my pad thereof or the immded use of the goods, is in such suit held to comtiate Infringement and the use of said equipment or pad is mjomed, the Seller shall, at its own expeme and or its option, either procure far the Purchaser the right to aatinu, using mid equipment or parts, replace the same with substantially equal but contributing equipment, or modify it to it becomes wasinlringiug. 15, INSOLVENCY. If the Seller shall become insolvent or b akmpt, make an comganevt for the benefit of creditors, appoint a receiver ar esta tfor my of the Sellersproperty or biomass, this cold may forthwith be canceled by re o Purchaser without liability. 16, GOVERNING LAW. Thc definitions of Twig used or the interpretation orthe egodaned and the rights ofall parties hereunder shall be mosmted under and govemed by the laws ofthe Sete of Colorado, USA. The following Additiowl Conditions apply only in cases where the Seller is to perform work heeundd, including the service of Sellers ReprtsenutivHs), on the premises of.thers. IZ SELLERS RESPONSIBILITY, The Sell, shall may on said work at Sellers own risk until the same is fially completed and accepted, and shall, in case of my scciden4 destruction m injury to the work mWm mmesials bol Setleh final completion anal acceptance, complete the work at Sellers awn expense anal to the satisfaction of the Purchazd. When materials anal equipment are famished by others for installation or erection by the Sella, the Sella shall rtceive, unload, store and handle Not at the site rod become responsible therefor to though such materials and/or equipment were being funished by the Seger under the odd. 18. INSURANCE. The Sella shall, at his own sperm, provide for the RaYmem of workers compasatim, including ocancoi mal disau heneflo, to its employees employed on in in connection with the work covered by this purchase otter, and/or , their dependants in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive Ismael liability including: but not limited ta, co cconal and eutamobile public liability insurance wita bodily injury and death limits of at leant S300,000 for any one person, $500.000 for my one accident and property damage limit per accident of S400,000. The Sella shall likewise require his enactors, irony, to provide for such compansmion and imnrand, Before any of the Sellers or bit 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 data when such ompemation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall W maintained until after the arm work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the are respomibiliry and liability fro my and all damage, loss a injury army kind a cmure whatsoever te persons or property, sued by or resulting from the exemtion ofthe work provided for in this purchase order or in mmecfim herewith. The Sella will indemnify and hold Formulas the Purchasa and any or all of the Purchasers officers, agenu and employees from and agaiml my our all clairma losses, damages, charges or expenses, whether direct or indirect, and whether to persam or pmpe if to which the Purchaser may be put or subject by rectum of my act, action, neglect, omission or default on the part of the Seller, any of his contactors, or my of the Sellers or contractors officers, agents or employees. In eau my suit or other proceedings shall be brought agaimt the Purchaser, or its officers, agents or employees at my time on account or by reaan of my act, action, neglect, omission ar default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defeme thereof and , defend the same at the Sellers own expense, to pay any and al I costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of Its or their olfiars, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Sella will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety pteaautions, famish and imull all guards necessary for the prevention of accidents, comply with all laws and matiatiom with regard to safety including, but without limietma the Comomioml Safety and Health Ad of 1970 end all roles and reguladam issued pursuant therero. Revised 07n014