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HomeMy WebLinkAbout409018 GMCO CORPORATION - PURCHASE ORDER - 9140368 (3)PURCHASE ORDER PO Number Page City of PURCHASE 9140368 , of 2 ' `t Collins olliMs This number must appear 1 , on all invoices, packing sli s and labels. Date: 03/12/2014 Vendor: 409018 Ship To: STREETS DEPARTMENT GMCO CORPORATION CITY OF FORT COLLINS PO BOX 1480 625 NINTH STREET RIFLE CO 81650 FORT COLLINS CO 80524 Delivery Date: 01/14/2014 Buyer: JOHN STEPHEN 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 7 DEICING MATERIALS -ICE BAN 1 LOT EA 120,000.00 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@fogov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDE'FAIIS. Tax exemptions. By statute dre City of Ton Collins is exempt from state and local ama. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of 11. NONWAIVER. Failure of the Purchaser re insist upon spier performance of the on. and conditions hemp[ failure m delay m Internal Revenue. Denver, Colorado (Ref. Colorado Revised Stnmtes 1973, Chapter 39-26, 114 (aL exercise any rights m remedies provided herein or by law, failure to pmnp0y manty the Seller in the event of a breach, the acceptance ofor payment far goods heremder or appeased of Ore design, shdl tut release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to def rs of any of the warranties or obligations of this parchase order and shall not be domed a waiver of any eight of the damage in hood, may be, retumd as you for credit and art nor to be, replaced excepl upon rceeipt of wrrinen purhumm m insist neon said performance hereoror any oriu rights m remedies ss to any such goods, regardless imauctions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any postponed oal modification or scission of Otis purchase order by me Purchaser operate m a waiver of any of the temts Inspection. GOODS are subject to the City of Fort Collins inspection W artiwl. hereof. Final Acceptance. Receipt of the merchandise, service or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anderiud payment on the pan of the City of Fort Collins. Hawever, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from adinust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for god cause and as consideration for executing this purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereeter Freight Terms. Shipments must be ROB., City of Fort Collins, 700 Woad SI, Too Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges ofiring to the particular goods or services otherwise specified oa this order. If pemrisslon is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hits mum accnmaanv invoice. Additional chorea for oackin r will not he accented. Shipment Distance. Where manufacturers have distributing points in variom parts of me conntry, shipment is expected fmm the names, distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fro greater distance. P.R, Seller, shall nescmre an sellers sole cost all nermary permits, cenificara and he. required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political mbdivoian where the work is performed, or required by any other duly canaimtd public authority haying jurisdiction over me work of reador. Sena fuller agrees to held me City of Fort Collins harmless form and against all liability and I. incurred by them by reason of an asseraed or established violation of any such laws, tetrahedron, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, hour fide and possess full and complete authority to bind said panda. LIMITATION OF TERMS, This Panchcoe Order expressly limits accepmnce to the terns and conditions stated herein of forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sellor are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe Owner. Delivery and performance must be effected within the time scored on the purchase order and the documents attached hero. No acts of the Purchasers including, without limitation, acceptance of partial late daivmes, shall opemre 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 ad holding the Seller liable for damages. However, me Seller shall not be liable for damages as a result of delays due to causes not reasonably fareseeable which are beyond its reasonable central and without is fault of negligrneq such mix of Gnd. ace of civil or military authorities, govemmenml priorities, fires, strikes. Bond, epidemic, wars or riots provided Wt more ofine conditions causing such delay is given to the Purchaser within five (5) days of do time when me Seller But received krwwldge thereof. In the item of tiny such delay, me date of delivery shall be exteded far the period equal m me time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, mancrials and work covered by this order will conform with applicable drawings, specifications, temples 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 similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warn ty. The Seller shall replace, repair or make grad, without cost to the purchaser, any defects or hunts arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty p,ovided by the Seller after the data of acceptance of the gods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumlshed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except co otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wasion im or guarantees, but such liability shall in no event include loss of pmfia or loss of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The pwebaser may make changes to legal terms by wiiden change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tans, including additions to or deletions from the quantities originally ordered in me spaincations or drawings, by verbal or written change coder If any such change affects the amount due or Its, time of sufbrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a any time by written change order, germane this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the parries as m any work or materials than in progress provided that the Pwchn a, shall nor be liable for any claims for smiryned pmfia on the committed tted portion ofthe gods andlr work, for incidental or consequrndd damages, and that no such who meet be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must he assured within mil (30) days form the data the change w termination is ordered. 8. COMPLIANCE WITH LAW. The Sella, warrants Wt all goods sold hereunder shall have been produced sold, delivered and fumishd in strict ..pit.. with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such dmuments as may her required to effect or evidence compliance. All laws vtl regulations required] to be, mmpamted in agreements of this chamctcr are hereby incorporated herein by this refereme. The Seller egrets to indemnify and hold the Purchaser hated. tram all cosy ad damages suffered by the Purchaser as a result of the Sellers failure to comply with such low. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mania due or to became due hereunder without the prior winter consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items fumisM1ed in performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If me Purchaser directs the Seller to correct nonconforming or defective goods by a date to be, agreed uIran by the Purchaser ad the Seller, and the Seller thereaBerindicates its inability in unwillingness m comply, the Purchaser may cause the work Iw be performed by the most expeditious mecum available or i,, and me Seller shall Pay all extra associated with such work. The Seller dull release the Purchaser and its contractors of any ,ier form all liability and claims of any raftre meshing fmm the parfonnarse ofroch watts. This release shall apply even in the sent of fault of negligence of the party relemxd and &ball extend to the directors, allicm and employees ofsuch parry. The Sellers contractual obligations, including wamnty, shall not be deemed,o be reduced, in any way, huame such work is performed or wusd to be performed by the Purchaser. 14. PATENTS. Whenever line Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser home any and at I claims for impingement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reawn of such infringement many time during the prosmtion or after the completion of the work. In case said equipment, ar any pan thereof or the intended use of me goods, is in such suit held to constitute infringement and the use of said equipment or put is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right to continue using said equipment or pan; replace the same with substantially equal but noninGnging equipment, or modify it sec it becomes mainfnnging. I S. INSOLVENCY. If the Seller shall became insolvent or bmA pt, make an assignment for the benefil of creditors, appoint a receiver or trustee for any of the Sellers primary, or business, this coder may forthwith he mauled by the Purchase, witim, liability. 16. GOVERNING LAW. The de0nitians of terms used ar me interpretation of the agreement and the rights of all parries hereunder shall be command under and govemed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representanve(d, on me premise of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in e of any accident, desm atiwn or injury to the work andror materials before Sellers Beal completion and acceptance, complete the work at Seller's awn expense and to the smismction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller stall receive, unload. store and handle same at me site and become resprou ble therefor as though such materials anNor equipment were being brushed by the Seller under site order. 18. INSURANCE. The Seller shall, or his own express, provide far tM payment of workers compensation, including occupational disease benefits, m its employees employed on or in connection with the work covered by this purchase order. snl'or to their dependents in accordance with the laws of the state in which the work is on be, done. The Seller shall also tiny comprehensive general liability including, but not limited m, contractual end automobile public liability insurance with baddy War, and drarM1 limits of at least S30gh0d for any one person, S5W,MN' for any ere accident and propel damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, on provide for such compermvtion and announce. Before any of the Sellers or his cmtrxaon employees shall do any work upon the premise of ethers, the Seller shall famish me Purchaser with a certificate that such compensation and insurance have been provided. Such cenifrotes shall specify the date when such compensation and insurance have been provided. Such eci ifimtes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until per the entire work is caWled end 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 whosoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puchver and any r all of the Purchaser officers, agents and employees from and against any and all claims, losses, damages, charges or experts, whether direct or indirect, and whether to persons or propel to which the Purchaser may b< put or subject by reason of my ad action, deficit, omission or default on me pan of the Seller, any of his contractors, or my of me Sellers or contractors officers, agents or employees. Its case any suit or other proceedings shall be, brought against the Porringer. or its officers, agents or employees at my ume on acmmt or by mason of any act, ration, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents m employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend me same at the Sellers own expense, to pay my nnd all case, charges, attorneys fees ad Omer expenses, my and all judgment, that may her incurred by or obtained against me 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 propel ofine Purchaser, or said pones in or as a result of such suits or other material the Seller will at once cause me same to he dissolved and dischargd by giving bond or otherwise. The Seller and his comments shall take all safety precautions, famish and insmll all gaards necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but widower limitation, me Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03I2010