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HomeMy WebLinkAbout114256 ROCKY MOUNTAIN SUPPLY INC - PURCHASE ORDER - 3214326 (2)Fort Collins Date: 07/24/2014 PURCHASE ORDER Vendor: 114256 ROCKY MOUNTAIN SUPPLY INC 309 COMMERCE DR FORT COLLINS CO 80524-2760 PO Number Page 3214326 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/15/2014 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 2 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 LS 25,000.00 Total 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fog Collins is exempt from some and local faxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6030587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions heuvf, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Charter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shot[ not rcleens the Seller of Goods Rejected. GOODS REJECTED due to failure te meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrigen Purchawr to insist upon strict geformance twomfor any of its rights or mmalies as to any such goods, regardless instructions from me City of Tom Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the purchnser merom as a waiver of any of the terms Inspection. GOODS ate subject to the City of Fon Collins inspection on critical. hereof. Final Acceptance. Receipt of the merchandise, servocs or equipment in response to this ordtt can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aathximead payment on the pan of me City of port Collins. However, it is b be understood that FINAL Seller and the purchaser recognise that in actual croaccuric practice, overcharges resulting from antitrust ACCEPTANCE is d"a dem upon completion of ell applicable required inspection procedures. violations we in fact home by the Purchae, Theretofore, for goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B, City of Fort Collins, 700 Wood M., Fort Collins, CO 80522, unless otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing wit not be accepted. Shipment Distance. Whom manufmrers have d¢Wbuting point in suromi pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will he deducted form Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cmifirzta and licenses required by all applicable laws, regulations, ordinances and rules of me male, municipality, remtory at political subdivision when the work is performed, or required by any other duly constituted public summary havingjuns ftetion over the work of vendor. Seller further agrees to hold the City of Tom Collins harmless (tom and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and mmomoents. Authorization. All parties to this contract agree that the reprco m dives are, in fact, bona tide and possess PoII and example, euthoriry to bind said monies. LIMITATION OF TERMS. This Purchase Orrin expressly limits acceptance to the corms and conditions stated heroin set forty and any sapplemcmary or addaim it .erns and conditions annexed hereto or incorporated herein by refermm. Any additional or di@rent trams and conditions proposed by seller art objected to orb hereby rejmed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery time as noted. Time is of the essence. Delivery, and performance must be effected within the time stated on the purchase seeder and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Tale deliveries, shall operate as a waiver cities provision. In the event of any delay, the Purchaser shall have, in addition to other legal and ryouilde remedies, the option of placing this oNer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for duarroge, as a result of delays due to causes not reasonably foreseeable which are beyond its mosowble Occurred and without its fault of negligence, such act ofGod, acts ofrivi or military au0recoms, govemmesml priorities,fires. makes. Band, epidemics, wars or riots provided Bat notice of the conditions causing such delay is given in the PureM1aser within five (5) days of the time when the Seller first rmeived knowledge thereof. In the event of my such delay, the doe of delivery shall be extended for the period equal to the time aster ly lost by reason of rate delay. 3. WARRANTY. The Seller warrants that all goads, amides, materials and work covered by this order will conform with applicable drawings, specifications, samples stupor 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 mile nature. The Seller vgreas to hold the purchaser harmless from any loss, damage or expense which the Purchaer may surf or incur on account onhe Sellers breach of warranty. The Seller shall replace, repair, Or make good, without civil o me purchaser, any defects or faults raising within one (1) year or within such longer period of time as may be presented by law or by the terms ofany applicable wamdnry Provided by the Seller after rate date of ttcepmnce of me good fwnished hereunder (accordance not to be unreasonably delayed), resulting from imperfect or defective work dunce or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not candidate a waiver of my claim anchor this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by rate breach of any of the foregoing. somatic, or guarantees, but such liability shall in no evenI include loss of pmfLs or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terns by venom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes on the harms, other than legal terms, including additions b or deletions from the quantities originally ordered in me specifications or drawings, by verbal or wooers change order. If any such change affects rise amount due or me time ofperformaoce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement us to any or all portions of the it, then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser sit II Or be liable for any claims for anticipated proms on the uncompleted portion ofine goad sabre work, for rotational or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any grads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjmtment mast be named within thirty (30) days form dre date me change or termination is Ordered. R COMPLIANCE W ITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and famished in strict ompliance with all applicable laws and regulations to which the good are sabjecf The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated N agreements of this character are hereby incorporated herein by this orientate. The Seller agrees se indemnify and hold me purchaser harmless from all at and damages suffered by the Producer as a it of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall align, transfix, or convey this oNer, or any monies doe or to become rim hereunder without the prior wanes cement Office other parry. 10. TITLE. The Seller warrants full, clear and committed title to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and aft liens, remictions, reservations, sucmiry interest encumbrances and claims of others. acquired under federal or stale antitrust laws for such overcharges relating to me particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I fthe Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by me Purchaser and the Seller, and the Seller thereafter indicates its liability or unwillingness to comply, the Purchaser may cause the work m be performed by the most expeditious means available m it, and the Seller shall Pay all costs associated with such work. The Seiler shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the diriwl—. officers and employees ofsnch party. The Seller's communist obligations, including warranty, shill not be deemed to be reduced, in any way, because such work is camoved or caused an be performed by the Parderser. 14. PATENTS. Whenever Its, 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 inMngesrcm by reason of the use of such Wtrnted design, device, antat or prucess in emmectio , with the comma, it shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reawn of such infringement at any time during the momeution or alter the completion of the work. In case said equipment, or any pot thereof or the intended use of the goods, is in such suit held m romfibum infringement and the use 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 pans, replace the same with substantially equal but noninliinging emipmem, or mmlify u so it becomes nouinGnging. 15. INSOLVENCY. If the Seller shall become insolvent or coal make cen assignment for the benefit of ceedimrs, appoint a roseadiver or trustee for any of the Sellers pmpery or business, Nis oNer may forthwith he canceled by the Pumhoser without liability. 16, GOVERNING LAW. The definitions of tern¢ used or the interpremtion ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Some of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprcunrative(s), an the premiss urchin. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk wail me same is fully completed and accepted, and shall, in rase of any accident detraction or injury to the work author nexamiab bet Sellers fcal completion and acceptance, complete else work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at rate site and become responsible therefor as though such materials stupor equipment were being fumishnl by the Seller under the order. 18. INSURANCE.. The Seller shall, at his own expense, provide for the poyment of workers compensation, including occupational di ease benefits, to its employees employed on or in connection with the work covered by this purchase order, amVor to their dependent in accordance with the laws of the stare in which the work is to the, done. The Seller shall also crry comprehensive general liability including, but not limited on, comeactal and automobile public liability insurance with handily injury and death limits of at least 900,00(i for any one person. 550gOtq for any one uccidenl said property decal limit per accident of S400,000. The Seller shall likewise rtyttire his ontructors, if any, m provide for such comperwtion and announce. Before any of me Sellers or his commasomes employees shall do any work upon me premises of others, the Seiler shall furnish me Purchaser with a certificate that such compensation and insurance have been pmvided. Such cedificmes shall specify the date when such onip risaliw and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire respoosibiliry and liability for any and all damage, loss or injury ofany kind or worm o4 otsoner to gamucrs or pmporry caused by or resulting from the execution of the work Provided for in this Purchase Order or in correction remains. The Seller will indemnify and held harmless me Purchaser and any or all of the Purchasers officers, egem and employees from tub agaimr any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which me Promisee may be pet or subject by reactor of any act, action, neglect, omission or derault on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, all or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time On account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors Or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume me defense thereof and to defend the same at me Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all jud8mmts mail may be incurred by or obmined against the Pumbasser or any of its or their officers, agent or employees in such suits or outer proceMwgs, and in case judgment or other lies be placed In or obmirrcd against the pro my of the purchases, or said parties in or as a result ofsnch suit or outer, proceedings, me Seller will it once cause me same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety p rrouncirs, f ish and install all guards necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07n(U4