HomeMy WebLinkAbout114256 ROCKY MOUNTAIN SUPPLY INC - PURCHASE ORDER - 9150070PURCHASE ORDER PO Number Page
City of PURCHASE
9150070 , of 2
Flirt Cot
I„s This number must appear
/_^!'`�—J`-' ` , t on all invoices, packing
sli s and labels.
Date: 0110812015
Vendor: 114256
ROCKY MOUNTAIN SUPPLY INC
309 COMMERCE DR
FORT COLLINS CO 80524-2760
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 01/07/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 2015 Blanket PO
Maintenance supplies
1 LOT LS
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local been, Our Exemption Nwnber is
I L NONWAIVER.
98- 502. Federal Excise Tax Exemption Cdnificam of Registry 84-6000587 u mitigated with the Collector of
Failure of the Purchaser b insist upon strict performance of the terms and conditions bettor, failure or delay m
Internal Revenue, Drnver, Colorado (Ref. Colorado Revised Stories 1923, Chapter 39 26, 114 (a).
exercise any rights or mncdies provided herein or by law, failure as promptly carry the Sella in the event of a
breach, the acceprance ofor payment far goods screamer or approval of the desigq shall not mt. the Sella of
Good Rejected. GOODS REJECTED due to faifre in meet specifmtinm, either when shipped or due to defects of
soy of the warranties or obligations of this learchue order and shall vor M deemed a waiver of any right of Ilse
damage in uamit, may M mumed to you for reair and sure out to M replaced except upon receipt of wrirzm
pubdowtr to insist upon acres perfrrmane hereofm any of its rights or remedies as N any such goads,regardless
instructions from the City of Fen Collins,
of what shipped, mceived in aceeptd, as to any Prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by rise Producer opera, a a waiver of any of the tames
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Racipl of the merchandise, sachas or equipment in expense to Ibis order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
enhanced payment on the part of the City of Fan Collins. However, it is to M understood that FINAL
Seller and the Purchaser eaogniu that in actual ec Ic practice, erohimes resulting farm antitrust
m
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchase. Theretoforefongood ones and re considertian for executing Nis
Purchase order the Sella 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 Foe Collins, 9110 Wood St., For Collins, CO 80522, unless
acquired under heard or stain interest laws for such overcharges relating to the Icnivelar good or services
otherwise specified on this order. Hpermission is given to prepay freight and charge sub m ad , the original freight
purchased or acquired by the Purchaser pursuant o this purchase order.
bill most accompany invoice, Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where accoutrements have distributing points in various parts of the country, shipment is
If rile Purchaser dons the Seller to correct nonconforming or defective good by a date to Magrerd upon by the
expected from the neatest distribution point to dissociation, and excess freight will be deducted from Invoice when
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to be performed by the most expeditious means available to i, and the Seller shall pay all
casts associated with such work.
permits. Sella shall procure at sellers sole cost all necessary permiss, cafficaes and licenses required by all
applicable laws, regulations, ordinances and roles of the sate, municipality, senitory or Political subdivision where
the work is performed, or requital by any other duly constituted public authority havingjunsdiction over the work
of vendor. Seller fork, agrees to hold the City of Foe Collins larmless from and ,gout all liability and lass
uncoated by them by reason of an asuned or established violation of any such laws, reguftions, ordinance, rules
and oxim than.
Authorization. All parties m this toner[, agree that the remeunmrives are, in fact, bane fide and prxscss full and
complete authority an bind said Isanies.
LIMITATION OF TERMS. This Purchase Order expressly limits xccpbnow to de, Iemaa and conditions steed
herein set fond and any supplementary or additional terms and conditions amexed hereto or incoryorated herein by
reference. Any additional or different tenses and conditions proposed by seller are objected m and hereby rejamd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your
promised delivery date as paled. Time is of the essence. Delivery and performance mast M effected within the time
stmd on the purchase order and the documents attached hereto. No eels of the Purchasers including, without
limitation, acceptance apartial late deliveries, shall operate w 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 of placing this order elsewhere
and holding the Seiler liable for damages. However, the Seller shall not M liable for damages as a result of delays
due to causes nut reasonably foreseeable which pre MAnd its reasonable control and without its fault of negligence,
such aces of God, act of civil or military authorities, gmemmenbl priorities, fires, strikes, frost, epidemics, wars 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 Seller first received knowledge thereof. In the went of any such delay, the dam of delivery shall be
extended for the period equal a be lime actually boar by reams of the delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work covered by Ibis order will conform with applicable
drawings, specifications, sample and/or other descnplions given, will be fit for the purposes intended, and
performed with the highest degree of care and compnevice to accordance with accepted standards for work of a
mile nature. The Sella agrees to Mid the purthaur harmless from any loss, damage or expense which tha
PureAssa may suR or incur on account of the Sellers breach of wuranly. The Seller stall refs., repay m make
good, without cost to the purchase, any defects or (culls arising within one (1) year or within such longer period of
time as may be prescribed by law or by we terms of any applicable warranty provided by the Seller after the date of
aceptance of the goods famished hereunder (acceptance mt an be uNeawnably delayed), resulting from imperfect
or defective work done at materials Formed! by the Seller. Acceptance or use of goods by the Purehasa shall nor
cotatimre a waiver of any claim under Nis wart Except as otherwise provided in Nis purchase order, the Sellers
liability hereunder shall extend to all damages Poores ly annul by the breach of any of the foregoing warranties
or Stammers, but such liability shall in no went include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchase may make changs le legal terms by wnnm change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal mass, including additions to or delnions from
the quantities originally ordered in the specifications or drwings, by verbal or written change order. If any such
change affects the amount due or the time aperfosmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Parchma 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 between the parties in to any work or materials then in
progress provided that the Purchaser shall rat be liable far any claims for anticipated profits on the uncompleted
Portion of the good andsor work, for incidental or consequential damages, and that no such adjustment M made in
favor of the Seller with expect many good which are the Sellers standard stock. No such teradmilion shall relieve
the Purchaser or the Seller army oftheir obligations a N any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mnsI M warned within thin (30) days from the dam the change or lamination is
ordered.
B. COMPLIANCE WITH LAW.
The Sella warrants that dl goods mid beremlder shall have been produced, sold. delivered and famished in strict
compliance with all applicable laws and regulations m which the goods are subject The Sella shall execute and
deliver such documents as may M taryired eo effect or evidence compliance. All laws and regulations required 1e M
incorporated in agreements of this character are hereby incommused herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damage suifaed by the Purchaser as a result of the
Sellers failue to comply with such law.
9. ASSIGNMENT.
Neither party shall asign, transfer, or convey this orde, or any monies due or to become due hereunder without the
prior winners consent ofee other party.
10, TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, mad items furnished
in performance of this agreement. Gee and clear of any and all lien, restrictions, reservations, security interest
encumbrances and claims ofomers.
The Seller shall release the Purchase and its contractors of any he from all liability and claims of any Nwlure
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of tbe Party released and shall extend m the
directors, officers and employes ofsuch party.
The Sellers contmctual obligations, including warranty, shall not be demand N be occasion, in any way, because
such work is performed or causN to M perfmnixt by the Purchase.
14. PATENTS.
Whenever the Seller is nequirndm use any design, device, and nal or process mverM by linen part, uademark
or mpyrighl, de Seller shall indemnify and save harmless rise Purehaser from any and all claims for infringement
by reason of the use of such patented ciesige device, material or process in connection with the commit, most
shall indemnify the Purchase for any cost, expense or damage which it may M obliged to Pay by arson of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pant thereof or the intended use of the good, is in such suit held N conmN4 infringement and the use of
said equipment or part is adjoined, the Sella shall, at its own expense and a its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes nnninGngim,
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
raviver or omme for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The delniMa oft. used or the interpretation ordic agreement and the rights of all pane hereunder shall M
construed under and gco me l "a laws of the Sam of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder.
including the, services ofSelkrs Representatives), on da Premises ofothers.
IT. SELLERS RESPONSIBILITY.
The Sella shall carry on said wank at Sellers own risk and the were is flly confidnt and accepted, and shall,
fir case of soy accident, destruction to injury an the work wralfr materia6 before Sellers final mmpklion anA
acceptance, complete the work at Sellers own axpenu and 1. dose sawfisom n of the Panel uer. When materials
and equipment are fivaished by others for installation or erection by the Seller, de, Sella shall receive, ardoad
sure and handle sonic at the site and become responsible flo mfor as though such materials andlor equipment
were being interisland by the Sella under the order.
I B. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compareaton, including Occupational
discuss benefit, to its employes employed on or in connection with the work covered by Ibis purchase order,
and/or to their dependents in accordance with the laws of the suture in which the work is to M done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limns of a least 5300,000 for any one person, SSOU," fur any
one accident and properly damage limit Per accident of 5400,000. The Seller shall likewise require his
comments, if any, N provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall fimich the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates stall specify the dam when such
compensation and imamnce have been provided. Such cealficares shall specify the date when such compensation
and insurance expires. The Seller apex that such compensation and insurance shall M maintained until after the
attire work is completed and seepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Sella tomboy assume the mine responsibility and liability for any and all damage, loss or injury of any kind
or rwum smatoever to persons or property ..it by or exulting f the execution area work pmvided far in
rids purchase order or in connection herewith. The Sella will indemnify are hold Most the Punctuate W any
or all of the PlucM1asm officers, agent and cmploycts from and against any wad ail claims. I., damage,
changes or expenses, whether direct or homes. and whether to persam or property to which the Purchaser may
M put or subject by raven of any act, action, neglat, omission or &&oil an the part of the Sella. any of his
commcurs, or any of the Sellers or moduatom officers, agents or employees. For case any suit Or other
proceedings shall M brought e,imt tbe Purchaser, or is officers, agars or employees at any time an account or
by reamv of any son, action, ratified, omission or default of the Seller of any of his constants or any of it or
their officers, agents or employes as aforesaid, the Seller hereby agrees to assume the defense tMrcof and to
defend the same at the Sellers own ape era. to pay any anal all costs, charges, nnomeys fees and other expenses.
any and all judfien t that may M incurred by or obtained against the Purchaa many of its or their appears,
agents or employers in such suits or other proceedings, and in case judgment Or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of surb suits or other proceedings,
the Sellawill at once cause the same to M dissolved and dischaged by giving bond or otherwie. The Sella and
his contractors shall Like all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limintioq the
Occupational Safety and Heath Act of 1920 and sit roles and regulations ismal pursuant theme.
Revised 02I2014