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HomeMy WebLinkAbout409018 GMCO CORPORATION - PURCHASE ORDER - 9150190Fort Collins Date: 0111212015 Vendor: 409018 GMCO CORPORATION PO BOX 1480 RIFLE CO 81650 PURCHASE ORDER PO Number Page 9150190 1012 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 DEICING MATERIALS 1 LOT LS 200,000.00 PER TERMS AND CONDITIONS OF CDOT PRICING 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. 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 A Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDElAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sese and local taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Certificate of Registry g4-60XPgl7 is registered with the Collector of Internal Revenue, Drover, Colorado (Ref Colorado Revised Session 1973, Chapter 39-26, 1I4 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in mamid, may be retuned to you for credit and are not to be replaced except upon woo, of wriuen instructions from the Ciry of Fort Collins. Inspection GOODS.. subject to the Ciry of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, mrsoces m gulpment in response to this to., can result in autlwrimd sayment on the pan of the City of Fan Collins. However, it is to be understood Said FINAL ACCEPTANCE is dependent upon completion of all applicable regained mispecmn procedures. Freight Terms. Shipments must be F O B., City of Fort Collins, 900 Wood S. Fort Collins, CO $0522, unless otherwise specified on this order Rumination is given to prepay freight and dtarge, separately, the original freight bill must azwmpmy invoice. Additional charges for packing will not b, accented. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from ,ream, distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, corpsman and rules afore state, municipality, ternary or political subdivision where the work is performed, or required by my other duly constituted public authority having junsdicnon aver the work of vendor, Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by macon of an assumed or established violation of any such laws, regulations, ordinances, miss and requirements. Authonsation. All parties to this contract agree that the representatives are, in fact, barn fide and possess full and complete authom, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits sowpiznc, to the arms and conditions stated herein so going and my supplementary or ad6tional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Foam cannot make complete shipment in arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance most be effored within the time stated on the purchase order and the docum in anzched hereto. No acts 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 affiliating this order elsewhere and bolding the Salle, liable for damages. However the Seiler shall mod be liable for coming, as a north of delays due in causes not reaonably foreseeable which are beyond its reasonable control and without in fault of negligence, such acts of God, acts movil or military authorities, governments] priorities, fires, strikes. Bond epidemics, wars or riots provided that notice of she conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller fir received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mmrnals and work covered by this order will conform wish applicable drawings, specifications, samples curler other descriptions given, will be fit for the ransom intended, and performed with the highest degree of care and compemnce in accordance with accepted standard for work of a similar nature. The Seller agrees It, hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warrmry. The Seller shall replace, repair or make good without cost to the purchaser, my defects or fad¢ arising within one (1) year or within such longer period of rime as may h presmbed by law or by the terser army applicable womo ry provided by the Seller after the date of acceptance of the goods fumishad hereunder Pa ceptantt not to be mressowbly delayed), resulting from Imperfso or def relive work done or materials furnished by the Seller. Acceptance or sea of goods by the Purchaser shall not commum a waiver of anv claim under this warm, Except ces otherwise provided in this purchase odea the Sellers liability hereunder shall extend to all damages proximately carved by the breach of my of the foregoing committee 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. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other thm legal terms, including additions to or deleoons from the quantities originally ordered in me specifications or drawings, by verbal or .titan change order. If my such change affects me amount due or me rime of performance hereunder, an equitable adjustment shall h made. 6. TERMINATIONS. The Purchaer may at my time by corium change order, terminate this agreement as to my or all portions of she goads man not shipped subject to my equitable adjustment htweor the pries as to any work or materials then in progress provided that the Purchaser shall not h liable for any clams for apartment profits on the uncompletd portion of the good andim work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are me Seller standard stock. No such termination shill relieve the Purchaser or me Seller of my of their obligations as to my good delivered hereunder. >. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat be asserted within thirty (30) days from the date me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have hem produced, sold delivered and famished in net compliance win all applicable laws and regulations m which me good are subject. The Seller shall execute and cielivo such doomnmrs as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby inwsporand herein by this reference. The Seller agents to indemnify and hold the Purchaser harmless from all costs and damages suRered by the Purchaser as a porch of me Sellers failure to comply mods such law. 9. ASSIGNMENf. Neither parry shall assign, transfer, or convey this ordo, or my monies due or to become due hereunder without me prior written consent of the omen parry. 10. TITLE, The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of my and all liens. restrictions, reservations, secom, interest mcumbrmces and clams of omers. 1 L NONWAIVER. Failure of the Purahae to insist upon strict performance of the terms and conditions hero( failure or delay in any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, exercise acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stria performance hereofor any of its tights or remedies as to my such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my ransomed oral modification or rescission of this purchase order by the Pardoner operate as a waiver of my of the terms hares! 12. ASSIGNMENT OF ANTRRUST CLAIMS. Seller and the Trichina, mcn®rim that in actual economic practice, overcharges render, from antiwst violations are in Out bore by the Purchaser. Theremfore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or Importer acquired undo federal or stare anmru laws for such overcharges relating in the particular good or services purchased or acquired by the Purchaser pursuant to this pmcbase other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date in be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to In, and the Seller shall pay all cons associated with such work. The Seller shall release the Purchaser and its contractors of my net from all liability and clams of my nature moulting from due performance of such work. This release shall apply even in me evert of fault of negligence of the party released and shall extend W the direcbrs, officers and employees of such parry. The Sellers contrazral obligations, including warranty, shall not be dcem d in he reduced, in my way, browse such work is performed or omed to the performed by me Purchaser. ka. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, pareet trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all dams for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during me prosecution or after the completion of the work. In case said quipmenr, or my pan thereof or the intended use of the good, is in such suit held to consthme infringement and the use of said equipmem or pan is enjoined, me Seller shall, in its own expanse and at in aptim, either procure for the Purchaser the right to continue using said equipment or prim, replace the same with substantially mrial but noninftinging equipment or modify it so it becomas compfnnging. 15. INSOLVENCY. If the Seller shall berme insolent or bankrupt make an uaprmnr for the benertt of creditors, appoint a receiver or trustee for my of me Sellers property or business, this order may forthwith be canceled by the Purchaser witham, liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights oral[ parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cams where the Seller is to perform work hec mdm including the services of Sellm Repro emativen), on the premises of others. 17. SELLERS RESPONSIBILITY, The Sells, shall carry on said work to Sellds own risk until the same is filly completed and accepted and shall, in tax of any incident, destruction or injury m the work and/or materials before settees final completion and acceptance, complete the work at Sellers awn expugse and to the saesfintim of the Purchaser. When rrudeaizB and equipment are funished by others for installation or common by the Seller, the Seller shall remove, priced, store and handle same at the site and became rnponsible therefor as though such muerials and/or equipment were being Famished by me Seller under the order. 19 INSURANCE. The Seller shall, at his own extreme, provide for the payment of workers compensasion, including occupational disease benefits, to its employees employed on or In connection with the work covered by this purchase order, carrier to their dependmu in accordance with the laws of the some in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lean 1300,00(1 for any one person, SSOQ000 far my one accident and property damage limit par accident of 5,100,000. The Seller shill likewise require his contractors, if ary, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees mall & my work most the premises of others, me Seller shall furnish lie Pardoner with a certificate that such compensation and insurance have been provided. Such certificates shall specify me time whin such compensation and insurance have brim provided. Such certificates shall specify the date whom such compensation and insurance various. The Seller agrees mat such compemazion and insurance shall h ma romed prtil after the are work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and lidiliry for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages. charges or expenses, whether direct or indirect and whedser to persons or property to which me Purchaser may be put or subject by reason of my act, action, neglect omission or default on me pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In rase my said or other procndings shall to brought Maims the Purchaser, or its officers, agents or employees at any time an account or by reason of any aq somor, neglect, omission or default of the Seller of my of his cuntrazmrs or my of its or their oRcers, agents or employees as aforesaid, the Seller hereby Wan to assume the defense thereof and to defend the same at the Sellers own expeme, to pay my and all cons, charges, momrys fees and other expeuus, my and all judgments mat may be incurred by or attracted ammonia the Purdhaer or my of its or their officers. agents or employees in such suits or other proceedings, and in raze judgment or other lim be placed upon or obtained against the property of the Purchases, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards 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 At roles and regulations issued portion therem. Revised 07a014