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HomeMy WebLinkAbout114256 ROCKY MOUNTAIN SUPPLY INC - PURCHASE ORDER - 3212237PURCHASE ORDER PO Number Page City Of 3212237 1 of 2 6rt Collinshis number must appear 1 1on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 114256 Ship To: WATER UTILITIES ROCKY MOUNTAIN SUPPLY INC CITY OF FORT COLLINS 309 COMMERCE DR 700 WOOD ST FORT COLLINS Colorado 80524-2760 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 2012 Blanket Order 1 LOT LS 15,000.00 Utilities Total $15,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the Ciry of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 99-01502. Federal Excise Tax Exemption Certificate of Registry 94-6000SR7 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to most specifications, either when shipped or due to defects of damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on moved. 11. NONWAIVER. Failure Of the Purchaser to insist upon mitt performance of the terms and conditions hereof failure or delay to exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Scllcr in the went of a breach, the acceptance offer payment for grate, hounder or approval of the design, shall not mlcnse the Scllerof any of the warranties or obligations of this porclu se order and shall not be decreed a waiver ofany right of the purchaser to insist upon mist pert rmnacc hereofor any of its rights or remedies as many such goods, regardless of when shipped. received or accepted, as to any prim or subsequent defnull hereunder, nor shall any purported Oral nmdification er rescission of this purchase order by the Purchaser operate as a ogiver of anv of the terms hcrcef. Final Acceptance Receipt of the merchandise, services or equipment in respmse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authnnzed payment on the pan of the City of Fort Collins However. it is to be underaud that FINAL Scllcr and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion Often applicable required inspection procedures. violations are in fact borne by the Purchases Theretofore. for grind cause and as considem lion for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments must be F.O.A., City of Fort Collins. 700 Wood St., Fort Collins. CO 90522, Unless acquired under federal or state antitrust Imvs for such overcharges relating to the particular goods or services otherwise spceificd on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquiml by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance Where manufaemrcrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nnrest distribution point to destination, and excess freight will be deducted from Invoice when Purchnscr and the Seller, and the Seller thercafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to he perfnmmcd by the most expeditious means available to it, and the Scllcr shall pay all vats assUciatcd will, such work. Permits Scllcr shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory not political suhslivisime where the work is performed, or required by any other duly constituted public authority having jurisdiction ova the work Of v"due. Scllcr further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirement,, Authorimtion. All parties to this contract agree that the representatives are. in face, 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 froth gad env supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if von cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchnse order and the documents attached hereto. No acts of the Purchuserss including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere need holding the Scllcr liable for damages. Hooeser, the Scllcr shall not be liable for damages Us a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofneeligenec. such acts of GUd. act, ofcivil or military aulhorftics, govemmcntal priorities, fuss, strikes, flood. epidemics, oars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery, shall be extended for the period equal to the time eternally lost by reason of the delay. 3, WARRANTY. The Scllcr warrants that all goods. articles, materials and work covered by this order gill conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfommd with the highest degree of care and competence in accordance with accepted standurds for work of a similar nature. The Scllcr agrees to hold the purchaser harmless from any loss damage or cxpcnsc which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by 13W or by the terms ofany appl icablc warranty provided by the Scl let after the date of acceptance of the gads furbished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of funds by the Purchaser shall not constitute a waiver ofany claim under this w mo nty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach Many of the foregoing warranties or guarantees, but such liability shall in no event include loss of plants 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Isms, other than legal terms, including additions to or deletions form the quantities originally ordered in the, specifications or drawings. by verbal or written change ONer. If any such change affects the amount due or the time ofperfnmtance hereunder. an equitable adjustment shall he made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bcnamn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grads which are the Scllcrs standard stock. No such tcmi nation shall relieve the Purchaser or the Seller ofany of their obligations les to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days From the date the change or termination is nnknecL R. COMPLIANCE WITH LAN'. The Scllcr warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Jaws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lases and regulations required to be incorporated in agreements d this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hare from all costs and damages suffered be the Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncithur party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. In. TITLE, The Scllcr warrants full, ch arand unrestricted title to the Purchnscr for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens restrictions, reservations, security interest cncum UUncca and claims of others. The Scllcr shall release the Purchaser and its conlmctors of any tier fmm all liability and claims ofany nature resulting From the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's continental obligations, including wartnnty, shall not be deemed to be radical, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whcncacr the Scllcr is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save homiless 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or alicr the completion of the work. In cnsc slid equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the ttsc of said equipment or pan is enjoined, the Seller .shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially cgnal but noninfringing equipment or modify R so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make an assignment for the bcmcftt of creditors. appoint a receiver or trustee for any of the Sellers pmpcny or business, this order may forthwith he canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions nftemrs used or the intcrprdalion ofthc agreement and the rights ofall panics hereunder shall be construed under and govered by the Imes of the State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Scllcr is to perfume Work hereunder, including the services of Sellers Reprcscmative(s), an the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident dettertction or injury to the work and/or materials before Seller's final completion and acceptance, complete the Work at Seller's own expense and to the satisfaction of the Purchaser. When materials gad equipment are furnished by others for installation or erection be the Scllcr. the Seller shall receive, unload. store and handle same at the site and box, .nmc responsible therefor as though such materials and/or equipment Were being furnished by the Seller under the order. I R. INSURANCE. The Scllcr shall, at his over expense, provide far the payment ofworkcm eompcnsmime, including oecupationnl 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 wile the Imes of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, coutrnclual and automobile public liability insrance with bmttly injury and death limits Uf al (cast $300.000 for any one person. S500.000 for any one accident and property damage limit per occident of S400,000. The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work open the pmmiscs nfothers, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensulion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees tent such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr eerltv assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind Or nature w1mNuceer to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold humdcss the Purchnscr and any or fell of the Purchasers Officers, agents and employees from and against any and nll claims, losses, damages, charges or expenses. whether direct or indirect and whether to persons or property to Which the Purchaser may be put or subject by reason of any act, action, neglect, emission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors Officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any tints on account or by reason of any act, action, neglect omission or default of the Scllcr ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchnscr or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other Bien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result ofsuch suits or other pmeccdinc, the Scllcr Will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary For the prevention of accidents, commply with rill Incas and regulations with regard to xe including, but Without limitation, the Occupational Safety and Health Act of 1970 Tend all roles and regulations issued pursuant thereto. Revised 03/2010