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HomeMy WebLinkAbout114256 ROCKY MOUNTAIN SUPPLY INC - PURCHASE ORDER - 3215260Fort Collins PURCHASE ORDER Date: 01/12/2015 Vendor: 114256 ROCKY MOUNTAIN SUPPLY INC 309 COMMERCE DR FORT COLLINS CO 80524-2760 PO Number I Page 3215260 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Water/Sewer 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 20, 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City cretin Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Interval Revenue. Denim, Colorado (Rd Colorado Revised Sumlas 1973. Chapter 39-26. 114 (a). Goods Rejened. GOODS REJECTED due to failure to meet spdeiEcations. either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City ofFort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on anival. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in aurhonced payment on due pan of the City of Fort Collins. However, it is to Ed understood thar FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be F,0 B., City of Fort Collins, 7W Wood St, Fort Collins, CO g082, unless otherwise specified on this order. Ifpermission 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 manufacturers have ciiammaing points in various parts of the country, shipment is expected from Ne nearest dlstnbution point to degradtion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary, permits, cenificams and licenses required by all Applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdirom over the work of vendor. Seller fmher agrees to hold the City of Fort Collins hemde s from And against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulators, ordinances, rules and requirements. Autherricarrom. All parties to this contract agree that the murmmmtives are, in fact bona fide and possess full and completes authority to bind said panes. LINBTATION OF TERMS. This Purchase Order expressly limits acceptance to Me terms and conditions stated herein set Each and my supplementary or additional terms and conditions Annexed hereto or incorporated herein by reference. Any additional or Nffermtterms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on Me purchase order and the documents attached herein. No arts of the Purchasers including, without limitation, acceptance criminal late deliveries, shall operate as a waiver of this provisionhi 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 Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable conaol and without its fault of negligence, suchaceof God.actsofcivilormilitaryaW num, governments] pnonuce.fired,strikes,Bond, epidemics, warrior now provided Nat nonce of the conditions causing such delay is given a the Purchaser within five (5) days of the time wfim the Seller first mccived knowledge thereof In the event of my such delay, due dam of delivery shall be emended for the period equal to the time actually log by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for due purposes intended, and Performed with the highest degree of care and competence in accordance with accepted sundard for work of a similar nature. The Seller agrees to hold the pmchasa harmless fmm my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of oommnry. The Seller shall replace, repair or make good, without cost to the purchaser. my reflects or faults miring ordain one (p rear or within such longer period of time As may be presented by law or by the terms army applicable warrant, provided by the Seller mar the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this worry. Except as otherwise provided in this prrchau order, the Sellers liability hereunder shall mated to all damages proormormly eased by the breach of Any of the foregoing wmrmties or guarantees, ban such liability shall in no event mobs 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 Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, order thAn legal more. including "& an m or deletions from rise quantities originally ordered in Me andeifications or drawings, by va" or women change order. If any such change aff cts Me amount due or doe time of performance hereunder, m equitable Adjustment shall be made. 6 TERMINATIONS. The Purchaser may at any time by written change order, terminate Nis agreement as to any or all portions of the good then not shipped, subject to my equitable adjustment between the parties As to my work or materials Ned in progress provided that the Purchaser shill not be liable for any calms for anticipated pmfiE on Ne uncompleted pomon of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of hie Seller with respect to any goods which are Ise Sellers srardard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations As to my goods delivered hereunder. ). CLAIMS FOR ADfUSIs FEET. Any claim for adjustment most be asserted within thirty (30) days from the date the change or moningtion is ordered. g. COMPLIANCE WITH LAW. The Seller wmmts Nat all goods sold hereunder shall have hem produce_ sold, delivered and fumiahed in soict 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 or evidence compliancn, All laws and regulations required to be ncoryorared in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify And hold the purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither pray shall assign, tough, or convey this order, or my monies due or m become due hereunder withom the prior written consent of the other party. 10 TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for oil equipment, marenals, and items famished in drfomrmce of this agreement free and clear of my and all liens, restrictions, reservations, security interest enmmbrances and if .— ofothers. Page 2 of 2 11. NONWAIVER. Failure of the Purchases to insist upon strict performance of the terms and conditions hereof, failure or delay to cxmciiae any nghE or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acce dantt ofor payment for good hereunder or approved of the design, shall not release the Seller of any of the warmaaim or obligations of this purchase order and shall riot be deemed a waiver of any right of the purchaser to insist upon star performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default herewder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of arty of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pm Jraur recognise than in Moral deandurnme practice, overcharges resulting from antitrust violations are in fact home by Ne Puchaser. Thergaftem, for good rouse and as consideration for dem udng Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular good, or services purchased or acquired by the Purchaser pursuant to this purchase order. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to he agreed upon by the Purchaser and the Se11eu and the Seller thereafter indicator its inability or unwillingness m comply, the Purchaser may cause the work to be performed by the moo expeditious means available to it and the Seller shall pay all costs asmciated with such .,it The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any carry moulting from hie performance i such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the prmtors, officers and employees of such parry. The Sellers communind obligations, including warranty, shall not be deemed to he reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patmud design, device, marenal or process in corm eman with the contract And shall indemnify the Persil our for my coat, expense or damage which it may be obliged to pay by reason ofsuch infringement at my time during the prosecution or after the completion of the work. In rase said cquipm.t or my pan thereof or the intended use of the goods, is in such suit held to conmmte infnagemmt and Ne use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same rich substantially equal but noninfinnging equipment, or modify it so it becomes reconfirming 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the hmeft of credimrs, appoint a receiver or ,rune for my of the Sellers property or business, this order may faMwiN be canceled by the Purchaser without liability. I6. GOVERNING LA W. The definitions of terms used or the interyremtion of she agreement and Ne nghu of all pmies herewder shall be co annum tender And mmaned by the laws of the Sute of Colorado, USA. The following Additional Conditions apply only in cases where due Seller is to perform work hereunder including the services of sellers Reprettnutive(s), on the premises ofothm 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in e of my accident, destruchon or injury to the work stupor materials before Seller's final completion and cceptarom. complete the work in Sellers own expense and to the satisfaction of the Purchaser. When mmerias and equipment are Pomished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same At the ate And become responsible therefor As though such mmeriLs Anpor mluipmmt were being famished by the Seller corder Me order. 19 INSURANCE. The Seller shall, at his own expense, provide for Me payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection vnrh the work covered by this purchase order, AmAr to their depmdmts in accardmce with the laws of the stare in which the work is to be done. The Seller shall s]so carry comprehensive general liability including, but not limited 0. contractual And automobile public liability maurvree wirh bodily injury and reach limits of At least Spro." for any one person, 5500,M0 for any arm accident And property damage limit per accident of S400,000. The Seller shill likewise require his contractors, if any, to provide for such condonadon and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a minficate Nat such c mmensation and insurance fare been provided Such cenificams shall specify the date when such compensation and insurance have been provided. Such ceinficates shall specify the dam who such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the .are work is completed And Accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass rues the more responsibility And liability for my And All damage, loss or injury of any kind or nature whatsoever to persons or pmperry caused by or resulting from the executed of the work provided for in this purchase order er in connection herewith. The Seller will indemnify And hold heomlms the Purchaser and my or all of the Purchasers officers, agents And employees fmm and al my 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 reason of my rut action, neglect, omission or deem on Me pm of the Seller, my of his recommit, or my of the Sellers or conamm rs officers, agents or employee. In eau my suit or other pmcesdings shall be brought against the Purchaser, or its officers, Agana or employees at Any time on account or by reason of my act, amod, neglect, omission or default of the Seiler of my of his contractors or my of its or their officers, agents or employees As aforesaid, the Seller hereby agrees to Assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees And other expenses, my and all judgments that may be incurred by or crowned Against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in we judgment or other dim her placed upon or obtained against the property of the Program, or said Eames in or As a result of such sums or other proceedings. the Seller will in once cause due same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take All safety precautions, famish and marall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety includm& but without limitation, the Occupational Safety and Health Act of 1970 and all rates And regulations Issued pursuant thereto. Revised 02/2014