HomeMy WebLinkAbout110222 ROCKY MOUNTAIN SWEEPING LLC - PURCHASE ORDER - 9150246PURCHASE ORDER PO Number Page
City of PURCHASE
9150246 , of 2
F6r} Collins This number must packing
/_^,'`�—J`' ` on all invoices, packing
/ sli s and labels.
Date: 0111312015
Vendor: 110222
Ship To:
FACILITIES DIVISION
ROCKY MOUNTAIN SWEEPING LLC
CITY OF FORT COLLINS
PO BOX 1399
300 Laporte Avenue
FORT COLLINS CO 80522
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015
Buyer:
DOUG CLAPP
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Blanket Order
1 LOT
LS
14,000.00
Remington St. Parking Garage
cover the cost of sweeping services for parking
garages for fiscal year 2015. Work is to be completed
on Thursday nights per agreement dated 4/12/12.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
2 Blanket Order
1 LOT
LS
20,000.00
Civic Center Parking Garage
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
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By smarm We City of Fort Collins is exempt from slam and local taxes. Oor Exemption Number is
91T01502, Federal Excise Tax Exemption Cmifcae of Registry 8460)(697 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamts 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to mar spenfeatiom, either what shipped or due to defects of
damage in transit, may be woumed to you for credit and ve act to be replaced except upon receipt of wrimen
instructions from the City of Fort Collins.
Inspection. GOODS arc subject to the Ciry Of Fort Collins inspection on optical.
Final Acceptance. Receipt of the merchandise, sea res
zeon Or equipment in response to this order can result in
authorized payment the pan of the Cary of Foe ev Collins. Howa, it is to be milersmod thatFINAL
ACCEPTANCE is dependent upon completion Of all applicable required inspection procedures.
Freight Tears. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacmrm have distributing can in wrimr, pans of the runty, shipment is
expected from the nearest distribution paint to datieamon, and excess freight will Ire deducted fmm Invoice when
shipments are made from greater distance.
Permits. Sella shall procure at sellm sole cost all necessary permits, anificalc mad licenses rammad by all
applimble laws, regulations, ordimnam and rules of the state, municipality, am cry or political subdis%ion where
the work is Performed. or required by any intraday cautioned Public authority havingjurisdiction ova that work
of vendor. Seller fuller agrees m bold We City of Fan Collins hatmlas fmm all against all liability said loss
incurred by form by reason of an asserted or sablisbed violation of any such laws, regulations, ordieanew, , rules
and regofremens.
Authrrieatim. All panics to fois contrzm agree font the representalivu are, in fact, thaw fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS, This Parchow Order expressly limits acceptance to the tams and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or irm,parated herein by
reference. Any additional or different team and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdiately ifyou cannot make complete shipment to anive on your
premised delivery date as noted. Time is of the stance. Delivery and performance most be effected within the time
stared on the purchase order and the documents attached hereto. No was of the Purchasers including, without
limitation, acceptance of partial law deliveries, shall operate res a waiver of fl s provision. In the event of any delay,
the Purrhmer shall have, in addition W other legal and equitable readies, the option of placing this order elsewhere
and holding the Seller liable for damage. However, the Sella shall rot he liable for damages res a result rf delays
due to rauxs not reasonably f narmul le which are beyond its assumable afford and without its fault ofnegligenen
such arse of God, acts of civil a military authorities, varearmad priorities, fires, strikes, Rood, epiden ies, wars or
riots provided Thal notia of We cooduars causing such delay is given to the Purchaser within five (5) days of the
at. what hie Seller 6m received knowledge therm[ In the even, of my such delay, the date of delivery shall he
extended far the peril equal a the time achalty lost by raw. ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials all work covered by this order will wnf with applicable
drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of now and compmence in accordance with accepted standards for work of a
similar nature. The Seller agree Ira hold the parmuser hardest, farm any loss, damage err expense which the
Purchase may offer or mr., oa account of the Sellers bmmh of waranty. The Seller shall replace, repair err make
good, without cost to the purchase,. any deRcts or faults arising within one (I) year or within such longer period of
time as may be preanbed by law or by the terms of any applicable warranty provided by the Seller after the data of
severance of the goads f fished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumisbd by the Sella. Acceptance or use of goods by are Purchaser shall not
constitute a waiver of any claim Order this wvand, Except in 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 g...I s, but such liability shall in no even, include loss of profits or Into of me NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Parchssa may make changes to legal teas by wrnen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purthaur may make my changes to the terms, other than legal comes, including additions m or deletions been
foe qunrif. originally mdemd in me specifications or drawings, by vab ul or wr ocn change order. If any such
change aRects the amoum due or the one of perfonnace hereunder,. equitable adjtwmen, shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of hie
goods then not shipped, subject to my equitable adjustment between the ponies as to any work or materials then in
progress provided Nat am Purchaser shall nut be liable for any claims par amicipated profits on the mcampIch d
portion ofthe goads and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respem to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller Of any of their obligations as to any goods delivered hereunder.
p. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (30) days Farm the aide the change or mrmmation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warranu that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws east regulator as which the goods are subject The Seller shall execute and
deliver such documents as maybe required m effect or evidence compliance. All laws and regulations requited to he
incorporated In agremens of this character are hereby mcoryomted herein by this of ce. The Sella ogres to
irWenmify and hold the Purchaser harmless fmm all calm atW damage suffered by are Purchaser as a result of the
Sellers failure to comply war such law.
9. ASSIGNMENT.
Neither parry shall assign handler, or corc, this order, or my monies due or to become due hereunder without the
prior written consent ofthe other parry.
W. TITLE.
The Seller warrants full, clear and ..memo Wle to foe Purchaser for all equipment, materials, and items furnished
in performonc, of this agreemem, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances end claims of others.
I L NONWAIVER.
Failure of the Purchaser of insist upon strict pert of thm terms mud conditions, hereof, failure or delay to
xacim any rights or remedies provided herein or by law, failure m promptly ratify the Seller in the event of a
broad, the somepmntt of., payment far goods hemurMer or approval of the design, shall not release the Seller of
any of the wart or obligafi. of this pfirrhax order and shall trot be demand a waiver of any right of the
Purchaser to insist upon turner paformana hemofor any of its rights or remedies as m any such goods, regardless
of when shipped, received or afwc wd, ss to any Prior or subsequent default hereunder, not shall any purported
Deal modification or rescission of this purchase order by the Purchaser opium, s a waiver of any of the tears
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognim that in acNal economic practice overcharges resuming firm antitrust
violations art in fact home by the Purchaser. Theretofore, for good cause and of considered.. for executing this
purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or spite antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant m this purchase order.
13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchnser dime¢ the Seller to correct nonconforming or defective goods by a date to he agreed upon by the
Purchaser and the Seller, ad the Seller thereafter indicates its inability or unwillingness to comply, are Purchaser
may cause the work to he performed by the most cxpeaitimot means available to it, and the Seller shall pay all
costs soon ia,ed with such work.
The Seller shall rebate the Purchaser and its m ahrow ms of my tin farm all liability and claims of any nature
resulting fault the pcRornana ofsuch work.
This release shall apply even in the event of fault of negligence of the parry mlrased and shall extend to de
directors, office. and employees of such party.
The Sellers contractual obligations, including warranty, shall not he domed to be reduced, in any way, because
such work is performed or sward to be performed by the Proclaim.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lame, Patent, trademark
or copyright the Sella shag indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the rose of such parented design, device, material or process in connection with the concurs, and
shall indemnify the Purchaser for any cost, expense Or damage which it may be obliged to pay by reason of such
infringement at my time during case prosecution or after the completion of the work. In case said equipment, or
any pun thereof or the intended tau of the goods, is in such suit held m cowinde infringement and the sea of
said equipment or pan is enjoind, 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 substmeally equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for my of the Sellers pmperty m business, this ardor may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions Orleans used or the intermediation offo, agreement and the rights of all penis hereunder shall be
compared under and governed by the hews claim, Sate ofColmado. USA.
The fallowing Additional Conditions apply only in aces where the Seller is in perform work hereunder,
including the services ofSellers Represenwtivaid. on are premisme of ofom.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, desvuction or injury to the work moor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of she Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Sella shall receive, reload
store and handle same at the site and become responsible therefor as though such mawrials and/or equipment
were being finished by We Sella order We order.
I B. INSURANCE.
The Seller shall, ed his own expense, provide for ton paymml of workers compaspeation, including Occupatiaml
disease benefits, to its employees employed on or in correction with the work covered by this Purchase Dada,
valor to their dependents in acordmce with the laws ofthe same in which she work u to be done. The Sella
shall also arty comprehensive ge.ml liability including, but Out limited m, command and automobile public
liability insurance with bodily injury and death limits of at least UM.WO fro my one person, S500,000 for my
one accident and property, damage limit per accident of S400.". The Sella shall likewise require his
ommcturs, if my, to provide for such compensation and insurmen Before my allow Sellers or his contractors
employees shall do my work upon the premises of others, the Seller shall fumish the Purchaaerwith a cenifate
that such comperanction and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have ban provided. Such certificates shall specify the date what such compensation
and insurance expires. The Seller agrees that such comp werion and insurance shall be mi=mi until after the
attire work is aide,h led and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the enfice responsibility and liability for any and all damage, loss Or injury Of any kind
or nature whatsoever to persons or proper,, caused by or imaging four the execution of the work provided for in
this purchase order or in nomination herewith. The Seller will indemnify and hold harmless We Purchases and any
r all of the Purchasers officers, agents and employees fmm and .gals, any and all 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 reaon of my act actin, neglect, omission or default on are part of the Sella, my of his
omradoes, or my of We Sellers or contractors tractors offcm, agents or employees. In case my soft or other
proceedings shall he brought against the Purchaser, or its ifi icm, at or employees al any time on ocaum or
by reason of my act, action, neglect, omission a default of the Seller of my of his contractors or my of its or
their officers, agents or employees as summand, the Sella hereby agrees to assume the defense themaf and to
defend the same at the Sellers own expense, to pay my anal all new, charges, attorneys fees and other expenses,
my and all judgmates chat may be incurred by or obtained against the Purchaser or any of its or Weir mBcm,
agents or employees in such suits or other proceedings, and in eau judgment of offer lien be placed upon or
obtained against the property of the Purchaser, or said penis in or as a result of such seats or other proceedings,
hie Seller will at once cause the same W be dissolved all discharged by giving boll or ofoemviw. The Sella and
his contactors shall take all safety corrections, famish all install all guards necessary for the prevenient of
aciious, comply wit all laws arW mgulations with regard to safety including, but wiWout limitation, the
Occupation) Safety and Health Act of 1970 and all pules all regulations issued pursuant thereto.
Revised 07Q014