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HomeMy WebLinkAbout114256 ROCKY MOUNTAIN SUPPLY INC - PURCHASE ORDER - 3215156Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 114256 ROCKY MOUNTAIN SUPPLY INC 309 COMMERCE DR FORT COLLINS CO 80524-2760 PO Number Page 3215156 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended i 2015 MISC SUPPLIES 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 30, 000.00 Total $30,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By stemte the City of Fort Collins is exempt from state and local train. Our Exemption Number is 11_ NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, me acceptance of or payment for goods hereunder or approval of the design, shill not release the Seller of Goods Rejected. GOODS REJECTED due to failure as meet specifications, either when shipped or due to defects of any of the warrantlw or obligations of this purchase order and shall nor be deemed a wedver of any right of the damage in trmat may be returned to you for credit and are ant In be replaced except upon receipt of written Purchaser to insist upon strict performance hereafm any of its rights or tumefies as no any such good, regardless irearrowns from the City of Fon Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any pure anal oral modification or rescission of this purchase order by the Purchaser operate in a waiver of my of the terns Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of fie City of Fort Collins However, it is to be underhand that FINAL Seller and the Purchaser onsopis Char in actual economic practice, overnharges resulting from antitrust ACCEPTANCE is dependentn re upon ofall applicable required Inspection procedures. violations are in fan home by the Purchaser. Theremforefor good wins, and in 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.0 B.. City of Too Collins, 200 Wood St, Too Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this ordi if permission is given to prepay freight and charge separately, the original freight purchased or acqui red by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distnbutng points in various pans of the country, shipment is If the Purchaser directs the Seller to comic nonconforming or defective goods by a dam to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillin®ress to comply, the Purchaser shipments are made from greater distance, may cause the work in be performed by the most expeditious means available to it, and the Seller shall pay all rods associated with such work. Permits. Seller shall procure at sellers sole cost ill necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and rules of the were, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of yearly, Seller forther agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an shouted or established violation of my such laws, regulations, ordinances, rules and requirements Authorisation. MI parries to this contract agree that the representatives are, in fact, bona fide and possess full and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or arkhomnil moms and conditions annexed hereto or incorporated herein by reference. Any additional or &fferennerms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Jormatlon, acceptance of partial late deliveries, shill operate m a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not Imitable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts of civil or military ardhonties, govemmenal pnonties, fires, strikes, food epidemics, wars or tots provided thr, notice of the conditions causing such delay is given to the Purchaser well five (5) days of the time whin the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extmded for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller woman that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other desenptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted standard for work of a smiler nemre. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising worm one (I) year or within such longer period of come as may be prombl ed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder weeptmce not be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Accenumbe or use of gaud by the Purchaser shed) not complete a waver of any claim under this wormy. Except asotherwise prmided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmtiits or guarantees, but such liability shall in no event include loss of profits or loss of use. NO EMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wines change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including addiuou to or deletions from the qum uiea originally ordered in the specifiuuona or dnwiny, by verbal or wonen change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Pumosser may at any time by corium change order, recentreare this agreement m to my or all panssof the goods then not shipped subject to my equitable adjustment between the ponies as to my work or materials then in progress provided that the Purchaser shall not be, liable for my claims for monitored Peebles on the uncompleted portion of the goods and/or mark, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goads which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or resonation is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regularions to which the goods 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 Ne incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from al I an and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shill assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted file in the Purchaser for ill ryrupment mammals, and items furnished n performc of this agreemwt free and clear of my and all liens, ofiaictions, reservations, security interest mmcubrancesand claims of others. The Seller shill release the Purchaser and is contractors of any in from all liability and claims of any name esuldng from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the directors, Dicers and employees of such parry. The Seller's contactual obligations, including warranty, shell not be deemed m be, reduced, in my way, because such work is performed or caused to be performed by the Purchaser. la. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent trademark r copyright, the Seller shill indemnity and save hamdass the Puchasee from my and all claims for unfnngemmr by reach of the use of such patented design, device, mmenal or process in connection mith the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the wort In cue said equipment, or my pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined the Seller shill, at its own expense and at its oprim, either procure for the Purchaser the right in continue using said equipment or pans. replace the same with substantially equal but naninfdngo, equipment or modify it. it becomes noninfnnging. 15.1NSOLVENCY. If die Seller shall become insolvent or bmkmpL make an assignment for the bmeft of creditors, appoint a obbeiver or trustee far any of the Sellers propeny or business, thus order may forthwith be canuled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be couwed under and governed by the laws of the State of Colorado, USA. The following Addtioned Conditions apply any in cases where the Seller is to perform work hereunder, including the services of Sellers Represmtative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shill carry on said work or Settees own risk until the same is fully completed and accepted and shall, in case of my accident, destmcfimt or injury to the work and/or materials before Seller's fined completion and acceptance, complete the work at Sellers own expose and to die satisf ¢lion of the Purchaser. Whom materials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials and/or equipment more being famished by the Sel let order the order. 18_INSURANCE. The Seller shall, at 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 this purchase Order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shill also carry comprehensive general liability inaludin& but but limited a. contractual and automobile public liability insmmem coin wely injury and dead, Jim,. of as least A00.000 for any one person, SSOOJIoo for any one accident and property damage limit per accident of S100,000. The Seller shill likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shot[ specify the date whn such compensation and insurance expire. The Seller agrees that such compensation and insurance shill be maintained rural after the .tire walk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby zsmves the write responsibility and liability for my and all damage, lass or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection hmewif ,The Seller will indemnify and hold harmlm the purchaser and my or all of the Purchasers officers, agents and employees firma and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaer may be put or subject by reach of my act, action, neglect, omission or default On the pan of the Seller, my of his contractors, or env of the Sellers or comment, officers, agents or employees. In rase my suit or other peomaxim s ahal be brought agars, the Purchaser, or ins officers, arms or employees at my time on account or by reason of my tit action, bell mr, Omission or default of the Seller of my of his communist or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to pay my and all costs, charges, storeys fees and other expenses, my and at judgments that may be incurred by or obtained agann the Purchaser or any of its or their officers. agents or employees in such suits or other prove tinge, and in case judgment or other Jim be placed upon or obtained against the pmperry of the puredgme, or said ponies in or as a boult ofsuch suits or other proceedings, the Seller will at once cause the same to he dissohd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to salty including, but without herination, the Occupational Safety and Hmlth Act of 1970 and all roles and regulations Issued pursuant thereto. Revised 07/2014