HomeMy WebLinkAbout119699 GALLEGOS SANITATION INC - PURCHASE ORDER - 3215214Fort Collins
Date: 0111212015
Vendor: 119699
GALLEGOS SANITATION INC
PO BOX 1986
FORT COLLINS CO 80522-1986
PURCHASE ORDER
PO Number Page
3215214 1012
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/12/2015 Buver: 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@fcgov.com
1 LOT LS
10,000.00
Total $10,000.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By stared the City of Fort Collins is exempt From state and local taxes. Our Exemption Number is
II. NONWAIVER
98-Oa502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the temp and conditions harmt, failure or delay to
Internal Revenue, Denvep Colorado (Ref. Colorado Revised 9arestes 1973. Chapter 39-261 114 (a).
exercise any tights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goads Rejected. GOODS REJECTED due to failure to men specifications, either whin shipped or due to defects of
any of the wmrandes or obligations of this purchase order and shall not be deemed a waiver of my right of the
damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon mint performance hercofor my of its tights or remedies as to my such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
Inspection. GOODS are 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 r esult in
12. ASSIGNMENTNT OF AITRUSTCLAIMS.
welwrixd payment on the pan of the City of Tom Collins. However, it is to be a undem.od that FINAL
Seller and the Purchaser reragnire that in actual wornmeric practice, overcharges resulting from antitrust
ACCEPTANCE is depmdmt upon completion of all applicable required newsroom procedures
violations are in fact home by the Purchaser. Thembeforefor good roux and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments must be, F.O.B., City of Fort Collins, 700 Wood St, Fort 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 prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuunno this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mmufacturem have distributing pains in various parts of the country, answer, is
If she Purchaser direcss the Seller to correct moncunforming or defeeuve goods by a date to be agreed upon by the
expected from fire nearest dombunon point to destination, and excess freight sill be dedonad form Invoice when
Purchaser and the Seller, and the Seller thetmfler indicates its inability or unwillin®ress to comply, the Purchaser
shipmate are made form greater distance.
may cause the work to be performed by the most expeditious means available asp it and ate Seller shall Pay all
costs associated with such work.
Permits. Seller shall procure of sellers sole cost all necessary peanuts, certificates and licenses required by all
applicable laws, regulations, ordinances and rule of the stare, municipality, reritory or political subdivision where
The Seller shall release the Purchaser and its contractors of my tier from all liability and clams of any nature
the work is performed, or required by my other duly constituted public authority having jurisdiction over the work
resulting from the performance of such work.
of vendor. Seller further agrees to hold the City of Pon Collins hamdess from and against all liability and loss
incurred by them by reason of an dsened or established violation of any such laws, regulations, ordinances, roles
This release shall apply even in the event of fault of negligence of the parry released and shall extend ro The
and requirements
directors, officers and employees of such party.
Authoriearmin All parties to this contract agree firm fire representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions rated
herein sea forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or dffermnerms, and conditions proposed by seller are objected to and hereby rejected.
2. DELNERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your
promised delivery time as timed. Time is of the versions. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached herem. No arts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 w causes not mamnably foreseeable which are beyond its reasonable cono-ol and without its fault of negligence,
such we of God, acts of civil or military authorities, govemmmul priorities, fires, serves, fiord epidemics, wars em
riots provided firm notice of the condu ers causing such delay is given to the Purchaser within rive (5) days of the
time when the Seller first received knowledge thereof, In the evert of my such delay, the dare of delivery shall be
extended for the period equal to the time arucly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods articles, mandate and work covered by this order will conform with applicable
dawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
imilar from. The Seller agrees 1. hold the purchaser harmless form my loss, damage or expert which the
Purchaser may sutler or incur on account of the Sellers breach neryTh of wan. e Seller shall replace, repair or make
good, without cost to the purchaser, my defects or faults arising within one (1) yea or within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty provided by die Seller offer fire dare of
acceptance of the goods famished hereunder (acceptance not be momentary delayed), resulting from imperfect
or defective work done or materials Furnished by the Seller. Acceptance or use of good by fire Purchaser shall not
consdum a waiver of my claim coder Nis —mainly, Except as otherwise provided in this purchase order, the Sellers
liability hcrewder shall extend to all damages proumaely causd by the breach of my of the foregoing wo rantic
or guarmfees, ban such liability shall in no event include loss of profits or loss effort NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal terms by written change order.
S. CHANGES IN COMMERCIAL TERNS.
The Purchaser may make my changes to the moss, other than legal terms, including additions so or deletions from
we quantities originally ordered in the misfewons or drawings, by veNa or wrinm change order. If my such
change affects the amount due or the time of cerffomtmce hereunder, an equitable adjustment shall be made.
6 TERMINATIONS.
The Puremseser may at any time by written change order, terminate this agreement as to any or all portions of the
goads Been not shipped, subject to my equitable adjustrnent between the parries as to my work or materials then in
progress provided that the Purchaser small not be liable for my claims for mticipatd profs on the uncompleted
portion of the goods and/or work for incidental or consequential damages, and that run such adjustment be made in
favor of the Sell,, with reopen, to my goads which are the Sellers sundard stock. No such wargn... n shall relieve
the Purchaser or the Seller alloy of their obligations a to my gods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days form the time the change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warane than all funds said hereunde, shall have been produced sold, delivered and Burnished in stoic,
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall -.me and
deliver such documents as may be required to effect of evidence compliance. All laws and regulations required to be
ncorporated 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 fie Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shill assign, transfer, or convey this order, or my mores due or to become due hereunder withont the
prior wrinm consen, of the other party.
10. TITLE,
The Seller warrants full, clear and unrestricted title to Bee Purchaser for all equipment, graduate, and items furnished
in performance of this agreement free and clear of my and all liens, restrictions, reservations, secusy interest
encumbrances and claims ofothers.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, beaux
such work is performed or caused to be, Performed by she Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by letter, pamn4 trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such painted design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, apmx or damage which it may be obliged to pay by reopen of such
infdngemmt at any time during the prosecution or after the completion of the work. In case said equipment, or
my pan thereof or the intended use 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 of its option, either procure for me
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment or modify it so it becomes poninfreprig.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a
useezvor or fewer for my of the Sellers property or bro nes, this order may forthwith be canceled by the
purchase, -*no, liu nlity.
I6. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall he
.mined under and govemd 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 of sellers Represemaive(s), an the premises of others.
IT. 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 e of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work a Seller's own expanse artd to the satisfaction of the Purchaser. When nationals
and equipment are fumished by .,hers for instillation or erection by the Seller, the Seller shall receive, Woad
store and handle same a the site and become responsible therefor as though such materials mi equipment
were being furnished by the Seller under Ne order.
I8. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
odor to their dependmss is accordance with the laws of the sate in which The work is to be drone. The Seller
shall also tarty comprehensive gmend liability including, but not bowed to. mno-amul and automobile public
liability insurance won bodily injury and dead limits of in least $300,oe0 for any one person, S500,000 for any
one accident and propery damage limit Per readmit of SADOLM. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of me Sellers or his contractors
employees shall den my 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
ompens cion and insurance have been provided. Such certificates shall specify the date when such compersauon
and insurance expires. The Seller agrees that such compensmon and insurance shall be maintained unul flier the
mare work is completed and sumptd.
19. PROTECITON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more responsibility and liability for any and Of damage, loss or injury of my kind
or nature whaeeever to Persons or property caused by or resulting from the execution of Ne work provided for in
this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any
or all of the purchases officers, agents and employees from and against any and all claims, Ines, damages,
charges or expenses, whether direct or indirect and whether to persons or property to which fire Purchaser may
be pm or subject by reason of my set, action, neglect, omission or default on the par of the Seller, my of his
contractors, of wor of the Sellers or contractors officers, agents or employees. In case my now or other
proceedings shall be brought against the Purchaser, or its officers, agate or employees at my time eon account or
by reason of any act action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend me same at the Sellers own expense, to pay my and all casts, charges, aeomeys fees and other expenses.
my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the immm, office Purchaser, or said parsec in or as a read, of sorb suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or oBee eves, The Seller and
his compactors shall take all safety prmam mns, famish and innecl ill goads necessary for the prevention of
accidents, comply with all laws and regulations with regard m safety including, but without lim oion, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Hereto.
Revised 07n014