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HomeMy WebLinkAbout466251 ROCKY MOUNTAIN PERFORMANCE EXCELLENCE - PURCHASE ORDER - 9144892PO PURCHASE ORDER 914489er Page C117/ of PURCHASE 9144892 ' of 2 Flirt ( oili ns This number must appear !_\V`I ` V 1 1 on all invoices, packing sli s and labels. Date: 08/25/2014 Vendor: 466251 Ship To ROCKY MOUNTAIN PERFORMANCE EXCELLENCE PO BOX 17545 DENVER CO 80217 CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 08/22/2014 Buyer: PAUL, GERRY Note Line Description Quantity UOM Unit Price Extended Ordered Price 1 Peak Performance Application Fees 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.00m 1 LOT LS 5,500.00 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 L COWdERCIALDEI'AIIS. Tax exemptions. By statute the City of Fort Collins is exempt ffum sure and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise T'ax Exemption Cenificate of Registry 84-600u580 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions Senior, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993. Chapter J9-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the over, am er, afar payment for goods heretmder at approval of the design, shall not release the Sella of Garay Rejected. GOODS REJECTED due to failure to 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 resumed to you for credit sad are rat m be replaced except upon rceeipt of format purchaser to insist upon strict Performance hertu for any of its rights or remedies as to any such goods, regardless inslmetions from the City of Fan Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any puryond oral mods fication or rescission of this purchase order by the Purchaser con, m a waiver of any of the temss Inspection. GOODS are subject fo the City of Fort Collins inspection on arrival. haver Pill Acceptance. Receipt of the merchandise, smice s or equipment in response W this order can r esult in 12. ASSIG NMENT OF ANTITRUST' CLAIMS. authudaed payment on the part of the City of FortCollins. However, it is to he understand thmtFINAL Seller and the purchaser recognim that in rental economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion Wfall applicable required inspection procedures, violations vie in fact bonne by the PutchareL Therefa mre, for good came and m causidemtion for execurng this purchase order, the Seller hereby assigns to the Pumbattr any and all claims it may now have or hereafter Freight Terms. Shipments must be EO.B., City of Fort Collins, 700 Wood Sr, Fact Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining m the particular goals or services otherwise specified on this order. Ifpcomssion is given to prepay freight and charge separately, the original freight pu¢hased or acquired by the Purchaser pursuant to this procedure order. b111 must accomoanv invoice. Additional clear. far oackinm will vim be accented. Shipment Distance. Where manufacturers have distributing points in varricaus pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are name from grater distance. Permits. Seller shall procure et sellers sale cost all necessary panties, cenifemes and lie— required by all applicable laws, regulations, ordinances and rates of the sm r, municipality, ternary or political wbdivision where the work is perky ned, or required by any other duly combated Public authority bacm,prisdiclum aver the work of vendor. Seller further sigma to hold the City of Pan Collins harmless from and against all liability and has incurred by them by reawn of an mwMd or established violation of eny such laws, regulations, ordirmrmes, roles and economical, Aulboriaalion All parties hr Nis coins, agree deal the representnlives or, in fact, bona fide and possess full and complete authority to biM said parties. LIMITATION 01: TERMS. This Punched, Order expressly limits acceptance m fire to. and mnditiaus stated herein set forth and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or differal terms and conditions imposes! by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdmuch, if you cannot make complete shipment to amve on your promised delivery dam as noted. Time is of the essence. Delivery and performance most be affected within the time Ochs] on the purchase order and the documents crunched herein. No sets of the Purchasers including, vol toul limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event army delay, the Precursor shall have, in addition to other legal and equitable containers. the option of placing this order elsewhere and holding the Seller liable for damages. I love , fire Seller shall not he liable far damages as a —oil of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such sits of6od, acts offend or military outhmities,... ammencl priorities, Circa, strikes, flood, epidemics, wars err rims provided shot notice of the conditions causing such delay is given N, the Purchaser within five (5) days of the time when the Seller fire 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 lose by M. of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, rwforals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, Will he ❑t for the proposes 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 of the Sellers breach of warrinny. The Sella shall replace, repair or make good, without cost to the pucehaser, any defects or faults arising within care (1) year m within such longer period of time us may be prescribed by law or by the terms of any applicable wmmnty provided by the Sella after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liabihl hereunder shall extend to all dmdmgm pmximaely camed by the breach of any of the Stamping wamarnla or guarantees, but such liability shall in no event include lass crunches or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4, CHANGES IN LEGAL TERMS - The product may rnake changes to legal terns by women change order. 5. Cl IANGFS IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or delormns from the quantities originally ordered in the specifraliom or drawings. by verbal or wrinen chr nge made, If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. Mae Puchaser may at My time by written flange order, terminate this agreement as to any or all Wi iota of me goods risen not shipped, subject to any equitable adjuzment berymar the panics as many crock or materials that in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted partion fif the goods and/or work, for incidental or consequential damages, and that as such wljastmenl be made in favor of the Seller with respect to any gamB which ate the Sellers standard stock. No such connotation shall relieve the Purchma or the Seller of any of their obligarous as to any goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder said have been produced, sold, delivered and f mishd in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect in evidence compliance. All laws and regulations required to be mon,mEted in agreements of this charanes are hereby may,oamted herein by this reference. The Sella agrees 10 indemnify and hold the Purch om harmless from all costs and damages sufflart by the Purchma as a fault of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assip, ..to, or convey this coda, ar any monies due m to become due hereunder without the priar writen consent argue other party. 10. TITLE. The Sella warrants fill, clear and avntricted fide to the PEchsser for all equipmen, materials, and items bronchial in pM dmance of this agreaner, from and cleat of any and all liens, restrictions, raeraatious, .6, pu t acand maces and claims of others. 13. PMC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. I(the Purchaser directs the Seller to corren nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller drereafter indicates its inability or unwillingness to comply, the Purchaser may cause the ..,it to be performed by door most expectoiaus an. mailable to it, and the Seller shall pay all costs wouscialed with such work. The Seller shall release the Purchaer and its contractors of any tier from all liability and claims of any nature resullm, from the performance ofsuch work. This ockwo shall apply even in the event of fault of negligence of the pony released and shall extend to the avectoa, affairs and employees ofsuch party. The Sellers communal obligation, including warrant , shall ,at be dam] m be reduced, many way, because such work is Performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall iadanni fy and save harmless the Purchaser from any and all claims for infringement by reawn of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purelever for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or MY an thereof or tlnn intended rise of rho goods, is in such suit held to constitute infringement and the use of said equipment or part is spurred. the Seller shall, at its own expense and at its option, either procure for the Purchases the right to continue using said equipment or Was, replace the same with substantially equal but noninfringing equipment, of modify it so it becomes noninfringing. 15. INSOLVENCY. If foe Seller shall became insolvent or bankrupt, male an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order nay forthwith be canceled by the puremes M1without liability. 16. GOVERNING LAW. The demotion, of terms used or the interpretation ofthe spectrum and the rights of all panics hmmmer shall be, ..oil under and gmemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder, including the services of Sellers Representative a). on the premises ofothers. IJ. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and Overfeed, and shall, case,in of any accident, decision of injury to the work -Wor materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the pmchaer. When materials and equipment are famished by others for installation m erection by toe Sella, the Seller shall receive, unload, store and handle same at the site and became responsible therefr as though such materials rubber equipment were being furnished by the Seller under the order. .. 18. INSURANCE. The Seller shall, in his own expense, provide for die payment of workers compesaarica, including occupational disease benefits, to its employees employed on or in connection with the work cocered by this purchase Wines, and, or to their dependents in accordance with the laws of Ilse state in which the work is to be done T'he Seller shall also carry comprehensive general liability including, but nor limited to, cumractnal end automobile public liability insurance with tidily injury arm death limits of at least S300,000 for any core pensoq SSOR000 for any trident and proper, damage limit per accident of S400,000. The Seller shall likewise bargain, his comesctms, if any, to provide for such compensation and insurance. Before any of the Sellers or his coutracmrs employees shall do any work upon Ate premises ofothers, the Seller shall famish the Purchaser with a cenificule that such compemation and insurance have been provided Such certificates shall specify the derto when such compensation and insurance have bean provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees than such compensation and comence shall be Maintained until ana the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the man, responsibility and liability for any and all damage, loss in injury ofaay kind rn me whadsoever topersaus 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 hamrless the Purchaser and any r all of the Purchasers offices, agents and employees from and aparst any and all claims, losses, damages. charges or expenses, whether direct or injurer, ram whether to persmer or Property to which the Purchaser may be, put or subject by reawn of My act, t clum, ncglm, omission or default oa doe pan of he Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings ahall he brought against the Purchaser, M its oficom agents or employees at any time oa seen.. or by reawn of any act, action, neglect. omission or default of the Sella of any of his tnntmctars or any of its or their offices agands or employees as aforesaid, the Seller hereby spaces to assume the defense therrof and to defend the same at the Sellers own expense, to pay any and all costs, charges, allomM fees and he, expenses, My and all judgments that may be, incurred by ar obtained against the Purchaser or any of its or their officers, agents or employees in such suits or ether proceedings, and in case judgment or other lien be placed upon or obEind ngaistst the property ofgue Purchssa, or said parties in or ox a mull of such suits or Whet procedings. the Sella will at once cause the same or her dissolved and dischargd by giving bond or otherwise. The Sella and his contmdo, shall Eke all safety precautions, famish and install all guards necessary for fire prevention of accidents, comply with all laws and regulations with regard to safety including, but wihoul limitation, the Occup stir a d Safety and Health Act of 1970 and all roles mad «gulatiam issued pursuant thereto. Revised 01Q014