HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9145465PO
PURCHASE ORDER 914546er Page
City of PURCHASE
9145465 ' of z
' `t Collins
I I ns This number must appear
\� " on all invoices, packing
sli s and labels.
Date: 09/22/2014
Vendor: 426136
MES - ROCKY MOUNTAINS
700 W MISSISSIPPI AVE BLDG E, UNIT 6
DENVER CO 80223
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 09/22/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Bunker New Recruits
Inv 00556111_SNV dated 918/14
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
10,899.65
Total $10,899.65
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 For Collins is exempt from smm and local taxes. Do, Exemption Number is
98-04502. Federal Excise Tax Exemption Cerif use of Registry 84-6000587 is registered with the Collector of
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Good Reported, GOODS REJECTED due to failure to meet specifications, either when shipped or due to dererts of
damage in merit, may be rdaned to you for credit and are not m be repluced except upon rtcipt of writen
instructions from the City of Fon Collins.
Inspection GOODS are subje n Or the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt Of the merchandise, services or equipment in response to this order can resnll in
authorized payment on the pan of the City of Fort Collins. However, it is m he undcrssnd that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terror. Shipments must be F.O.B., City of Fort Collins, too Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
bill must orroch. my invoice. Additional charges for IsackwA will nee be accepted.
Shipment Distance. Where meoufanurers have dissolution, points in us ports 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 greater distance.
Permits. Seller shall prase at sellers sale con all necessary permits, cetificates and licenses required by all
applicable laws, egulaiom, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or r yuirN by any other duly constimred public amhonry hacingjurisdiction over the work
of vendor. Sella father agrees to hold the City of Fort Collins hamlets tram and against all liability and Ross
incurred by them by rean of an rimed or established violation of any such laws, regulations, ordiwnces, roles
muquirearcn¢.
Authorization. All panics to this contract agree that the represmunims are, in Lott bona fide and possess full and
complete anthardy m bind said pasties.
LIMITATION OF TERMS, This Purchase Omer expressly limits acceptance to the team and conditions stared
herein set forty and any supplementary or additional terns and conditions annexed herein or incorporated herein by
reference. Any additional or din xerat coma and conditions proposed by seller are objected to and hereby rejected.
2. DELRTRY.
PLEASE ADVISE PURCHASING AGENT immediaely if you cannot make complete shipment to arrive on your
Promised delivery data or rated. Time is of the essence. Delivery, and perfomance must be eHined within the time
stated on the purchase order and the documents attached here,, No no; of the Purchasers including, without
limitation, acceptance of panel late deliveries, shall ultrasonic as a waiver of lhim provision. In the event of any delay,
the Purchaser shall have, in addition to other lep I and equimble remedies, the option of placing Ibis order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a mull of delays
due an causes not reasonably foreseeable which ae beyond its nameable caused and without its fault of negligence,
such tuts of God, acts ofdvil or military authorities, governmental prioumcRama. strikes, Baal, epidemics, wars or
not, provided that notice of the conditions easing such delay is given to the Purchaser within five (5) days of the,
time when the Seller first received knowledge thereof. In the event of any such delay, the dam 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, materials and work covered by this order will conform with applicable
drawings, specification, samples andur offer descriptions given, will he fit for Our purposes intended, and
performed will fare highest degree of cart and competence in mcordance with accepted doorknobs for work of a
similar assume. The Seller agrees to hold the purchaser harmsss from any loss, damage or expense which the
Purchase may suffn or insurer account of the Sellers breach of warranty. The Sella shall replace, repair m make
good, without cost o the purehaseq any defects or faults arising within one (1) year or within such longer period of
time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the dare of
ceeptanee of the goods famished hefemder (acceptance not W be unreasonably deluged), resulting from imperfect
or defective work done or.., -.Is famished by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guardntces, but such liability shall in an event include loss of prefer or loss of see. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal reins by written change over.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal teems, including additions to or deletions from
the quantities originally ordered in the specifications or carvings. by verbal or wrimr change order. If any such
change affects the amount due or the time of permarnarce hereunder. son equitable adjustment shall he made.
b.TERNHINATIONS.
If. Pannone, may at any time by wrinen change omee mmsiwte This ogre rent a to any a all pmrsons of the
goods then not shipped, subject to any equitable adjustment between the panics 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
potion .[,he goods amVor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which are the Seller standard slack. No such nomination shall relieve
the Purchases ar the Sells, of any indmir obligations as to any goods delivered hereunder.
ZCLAIMSFORADIUSTMENT.
Any claim for adjustment meet be incurred within dairy, (30) days from the date the change or eenieraion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he
neorpomted lu agreements of Nis character am hereby, incorporated herein by this nefe¢nca. The Seller agrees as
indemnify and hold the Parisi harmless from all costs and damages suffered by the Purchaser re a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall resign, wader, or convey this order, or any monies due or to become due hereunder without One
prior wTiuen consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted rifle to the Purchaser for all equipment, materials, and items famished
in pechrourearre of this agreement fro and clew of any mars all liens, restrictions, mcscnarioer, sec n ry interest
encumbrances and claims of.Ncrs.
11. NONWAWER.
Failure of the Purchaser to insist upon strip perfomance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance ,for payment for goods hereunder or approval of the design, shall not release the Seller of
any of the waeamies or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon sufn performance heeafor any of its rights or remedies a to any such good, egmdlccs
of when shipped, convicted or ammined, m to any prior or subsequent default hereunder, nor shall any purposed
onal modifications or reuiaion of this purchase order by the Purchaser operete as a waiver of any of the errna
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic prndice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofine, forgoodcause and as consideration for executing this
purchase Omer, the Seller hereby assi,na to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or service
purchased or arquhed by the Purchaser pursuant to this purchase omen.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or now ill ingress to comply, the Purchaser
may corm the work ro be performed by the most expeditious means available a it and the Seller shall pay all
coma associaled with such work.
The Seller shill releae the Puehnser and its contractors of any tier from all liability and claims of any nature
resulting from the performance i fsuch work.
This eleae shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees nlsuch pare.
The Setters contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such wark is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is require! to use any design, device, maerial or process covered by leaer, patent, trdermrk
or copyright the Seller shall indemnify and save harmless the Purchaser wee coy and all claims for infringement
by reason of the use of such patented design, device, material or Iranians in connection with me commit, and
shall indemnify the Purchaser for any cars, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the permeation or chic the completion of the work. In case said equipment, or
any .at thereof o, the intended use of the grads, is in such .it held to con9imm infringement and the me of
maid equipment or pan is enjoined, the Seller shall, at its own expense and at its opli s, either poarme Ibr the
Purchaser the right to continue using said equipment or pans, replace the same with substantially egml but
noninfringing equipment, or mWify it sod becomes naninfdnging.
15. INSOLVENCY.
If the Seller shall become insoles. or bankrupt, make an assignment for the benefit of creditors, appoint a
creciver or trustee for any of the Sellers Property or business, this order my foMwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions offema used or the interpretation of the agreement and the rights oral) parties hereunder shall be
rammed under and governed by the laws of the State of Colorado. USA.
The following Additional Conditions apply only in coves where the Seller is in perform work hereunder,
including Ne smite, fSell. RepresentarvHs), an the premises of.dona,
It. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
is u of any accident, destruction or injury to the work radio, mmmals before Sellers Berl completion and
acceptance, complete the work m Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fumishud by others for installation or creation by the Seller, the Seller dhall receive, unload,
store most handle same at the site and become responsible therefor er though such mmenals andtor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, an 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 Nis purchase carer,
,vapor in their dependent, in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive prea rl liability including, but not limited to, contractual and automobile public
linbil ity ireuance with balily injury and death limits of at least 9W.000 for any one pmoq tool for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance Before any turns, Sellers or his contractors
employees shall do any work upon the premises of nNcrs, the Seller shall furnish the Producer with a cetificate
that such compensation and insurance have been Provided. Such cenificates shall specify the dale when such
compensation and imutance have been provided. Such certificates shall specify the date when such compe eartion
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entice work is completed and ancepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sells, hereby assumes the can e.....ibilo, and liability for any and all damage, loss or injury army kind
or nature whaa«ver to persons or property, caused by or resulting from fe execution of the work provided for in
this p rabose amer or in connection herewith. The Seller will indemnify, and hold harmless the Pmchsstt and any
or all of the Purchasers officers, agents and employees from and against any and all claims, loss , damage,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be par or subject by reason of any it, action, neglect, omission or default ra ffe pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In cre, any suit or Other
proceedings shall be brought against he Purchaser, or its oBicem, agents or employees at any time on account or
by reason of any act, action, neglec, omission or default of the Seller of any of his contrarian or any of its Or
their officers, agents Or employees as aforesaid the Seller hereby agrees to assume the defense Bremer and to
defend the same at the Sellers own axpe ce, as pay any and all costs, change, rummy fees aad other expenses,
any and all jndure. that may be incurred by or obtained against flue Porchmer or any of its in their affects,
agents or employees in such suits or other proceedings, and in ass judgment or other this be placed upon or
obtained against the progeny of fe Purchaser, or said parties in or as a result of such suits or odrer proceedings,
the Seller will at once mttse the same to be dissolved and discharged by giving bond or o0terwiu. The Seller and
his contractors shall take all safety precautions, furnish and install all guard 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 all roles and regulations issued punt thereto.
Revised OBR014