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HomeMy WebLinkAbout409018 GMCO CORPORATION - PURCHASE ORDER - 9140368 (4)City of Fort Collins Date: 04/03/2014 Vendor: 409018 GMCO CORPORATION PO BOX 1480 RIFLE CO 81650 PURCHASE ORDER PO Number Page 9140368 1012 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/14/2014 Buver: 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 Extended Ordered Price 4 DEICING MATERIALS -ICE BAN Addendum to PO 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 EA 21,000.00 Total $21,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I UM I_ a t r arr It .Ir t Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Coll its is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption CeniOcam of Registry 84-E000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to ]normal Revenue, Denver, Colorado (Ref. Colorado Revised Samoa 1973, Chapter 39-26, 114 pq) exercise any rights or remedies provided harm or by law, failure to promptly near, the Seller in Me event of a breach, the acceptance ofor payment for good hereunder or apprm'al ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due in fail.. m men specifications, either when shipped or due in defects of any of the wammuias or obligations of this purchase ardor and shall and be deemed a waive, of any right of the damage in umcxit, may be returned to you for credit and are .011. be replaced except upon receipt of wrinen purchaser to imist upon strict performance armed or any of its rights or remedies as to any such goods, regardless inswctions fmm the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall eery puaponed oral math fication or remission of this Forchsse order by hie Purchasar operate as a waiver of any of Me terms Inspection. GOODS are subject to fie City of Fan Collins irpection on arrival. here.!. Final Acceptance. Receipt of the merchandise, missives or equipment in response to this order an result is 12. ASSIGNMENT OF ANTITRUST CLAIMS. submitted payment on the pan of the City of Fort Collins. However. it u to be understood that FINAL Seller and the Purchaser recognize fao in actual ec ie practice, overcharges resulting fmm antitrmt ACCEPTANCE a dependent upon completion of all applicable mquind inspection procedures. cadmium art in fact home by the Purchaser. Thereofore, forr good cause and as consideration for executing this purchase order, the Seller hereby assigns to hie Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments most he F.O.B., City of Pon Collins, T00 Wood Sr. Fan Collins, CO 80522, unless acquired under federal or stare ancivust Ira fat such overa"a, reining to the particular good or smite, oNerwdsr specified on this order.If,manission is given in prepay freight aW charge separately, the original freight purchased or acquired by the Purchaser pursuantto this purchase order. bill most accompany invoice. Additional charges for ranking will not be arrested. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disMbuting points in various pans of the country, shipment is tribe Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the expected from the winner distribution point to destinatioq and excess freight will be deduced from Immfce when Purchaser and the Seller. and the Seller thereafter ini icares its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permit, Seller shall procure at sellers sale cast all necessary pounds, certificates and licenses required by all applicable laws, regulations, ordinances and mi. of the state, municipality, tenimry a, political subdivision where the work is perforated, or acquired by any other duly constituted public authority havingjurisdictic n over the work of vendor. Seller others a&,ces to hold the City of Fun Collins harmless from and against all liability and loss atired by them by raamn of an warned or established violation of any such laws, regulations, ordinances, tales nd ¢gaircmntrs. Authorization. All parties to this contract agree ebar the reprematmives 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 ar additional moms and conditions annexed hereto or incorporated herein by reference. Any additional or differcre rerms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on year promised delivery rime as noted. lime is arts, estrum. Delivery and performance mist be effected within the time sound on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limiohm, acceptance orpanial late drliveries. shall.pecan as a water, arms provision In the dent of any delay, Me Purchaser shall have, in addition to other legal and equitable amedies, the option of placing this order elsewhere and holding the Seller liable for damages. however, hie Seller shall not be, liable for damages as ...salt of delaya due to causes not reasonably foresaable which art beyond its reasonable cannot and saitlwut its fault of negligence, such ace of God, acts ofcivil or military authorities, governmennal prionies, fires, strikes, Bond, epidemics, was o, nets provided dot notice of the conditions causing such delay is given m Me Pmeleveer wifm five (5) days of the fine when the Seller first received knowledge thereof In the dent of any such delay, the &a of delivery shall be extended for hie peril equal to the time actually last by Tramp of the delay. 3. WARRANTY. The Seller wamats Nat all good, ankles, materials and work covered by his mder will conform with applicable drawings, specifications, samplas and/or mho descriptions given, will ho fit for the proposes intended, and performed with the highest degree of are and conference in accordance with accepted standards for work of a similar soma. The Seller agrees to hold the purchaser haealea fmm any loss, damage or expense which Me Purchaver may suffer or not on account of the Sellers breach of warranty. The Seller stall replace, repair or rnake good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time us may Is, prescribed by law or by the it. of any applicable wamnly provided by the Seller afar the date of ccepiame of the good furnished hereunder incepeantt not to be, unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by Me Seller. Acceptance or use of good by the Purchaser shall not corstima a waiver of any claim under this warranty. Facept as otherwise provided in Nis purchase order, fie Sellers liability hounder shall extend to all damages proximately caused by the breach of any of hie foregoing anomalies or guarantees, but such liability 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. CHANGES IN LEGAL TERMS. The Parchaer may make changes to legal lems by written charge order. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser ... y make any changes 10 the terms, other than legal terms, including additions to or deletions from the gnotatiion n,i ailly Ordered in one speifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance remainder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumbasrmay at any time by written change order, terminate this agreement as to any o all portions of the good then not shipped, subject to any equitable adjustment between the panic as to any work or mmenals Men in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods anNor work, for incidental or consequential damages, and real no such adjustment be made in favor of the Seller with respect to any goods which am Me Sellers standard stock. No such termination shall arrive Me Purchaser or the Seller orany of their obligations as to any goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assened within fiery (30) days from the date hie change or teminatian is ordered. 8. COMPLIANCE WITH LAW. The Seller wwmnts dot all goods sold hmunder shall have been produced, sold, delivered and fmishd in strict compliance with all applicable laws and regulations to which the goods one subject The Seller shall execute and deliver such documents as may h captured to effect or evidence compliance. All laws and regulations r paired b be ncorporated in agreements of this character o hereby misinformed herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from ell costs and damages suffered by the Purchaser as e result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, transfer, or convey this order, at any monies due or to become due hmemder without the prior wrincn consent of the other party. 10. TITLE. The Seller warren is full, clear and untastectad title to the Purchases for all equipment, materials, coal items famished in perform a of this nt, fare and clear of any and all liens, mohicfions, mmeva fin, o.security interest encumbm beagreeme r, and claims ofofers. 1hr Sailer stall alas, the Poorhouse, vad Its contmcmrs of any der, fmn all liability, and claims of any mlure resulting from the performance ofmch work. This release shall apply even in the dent of fault of negligence of the may orlismed and shall extend to the directors, oForam and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed m be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PAI ENTS. Whenever the 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 from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indenmify, the Fanciest, 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 alter the completion of the work. In case said equipment, or any pan thereof o the intended use of the good, is in such suit held oo conatima infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procuf for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfiinging equipment, or modify it so it becomes noninG.nging. 15. INSOLVENCY. If the Seller shall become insolvent or baNrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be, canceled by the Forchaur without liability. 16, GOVERNING LAW. The definitions ofterms used or the iaterpaeotion ofthe agreement and Me rights of all parries hereunder shall be compound under and governed by der laws ofthe Stage ofColamdo, USA. The fallowing Additional Conditions apply only in cams where the Seller as to perform wed hounder, including the a evicesof Sellers Rapresrnstive(s), on the premises of o11ers. 12. SELLERS RESPONSIBILITY. The Seller shall any on aid wood, at Sellers own risk until the mine is illy completed and accepted, and shall, in case of any accident, destruction or injury to Me work mWor maawls before Sellers fund complmion and acceptance, complete the work at Sellers awn expense and as fie sansfacdon of the Purchaser. When materials and equipment are fumishcd by others for installation or motion by Me Seller. Me Seller shall receive, nnlwd store and handle some at the site and became responsible therefor as though such materials and/or equipment were being frodded by the Seller under the order. 18. 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, and/or to their dependents in accordance with the laws of the state in which Me work is to be done. The Seller shall also can comprehensive general liability including, but not limited to, contractual and automobile public liability err r e with bodily injury .,ad death limits of at least 5300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 5400,0110. The Seller shall likewise require his contractors, it any, in provide for 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 Finnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify hie dare wben such compensation and insurance have been provided. Such certificates shall specify Me date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mammined until afar the entire work is completed and accepted. 19. PROTEM [ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire ars scro ibiliry and liability for any and all damage, loss or injury of any kind r nature whisaever to persons or proporty caused by or resulting from the excretion ofhhr work provided fir in this purchase order or in connection herewith. The Seller will indenmify and hold harmless the Purchaser and any or all of the Purchnsm officers. agents and employees from and against any must all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or proporty to which the Pmchaver may b, put or subject by reach of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commnors officers, agents or candi,res. In au any suit or other proceedings shall be brought against the Purchaser, or is affirm, agents or oployers at any time on account or by magon of my act, action, neglect, omission or default of the Seller of any of his hind mans of any of ite m Man officers, agents or employers as abnrmid the Seller hereby agrees to assume Me defense thereof and to defend Me same an the Sellers owns expense, On pay any and all costs, charges, contrary, fees and Order expenses, any and all judgments fat nay he incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such suits or other proceedings, and in cum judgment or other him be placed upon or obaimd What fie property of the Purchaser, or said putties in or as a result of such suits an other proceedings, the Sella will at once aces, fie sine to he dissolved and dischanged by giving bond or adicmmise. The Seller and his contractors shall take all safety precautions, famish and install all guards noessary for fie prevrntion of accidents, comply with all laws and mgulations with regard to safety including, but without limiotion, fie Occupational Safety and Health Act of 1920 and all tales and regulations board pursuant thereto. Revised 03Q010