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HomeMy WebLinkAbout103096 DIAMOND VOGEL PAINT CENTER - PURCHASE ORDER - 3212079City of /",Fo�rt Collins PURCHASE ORDER PO Number Page 3212079 1of2 This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 103096 Ship To: TRAFFIC OPERATIONS DIAMOND VOGEL PAINT CENTER CITY OF FORT COLLINS PO BOX 16388 626 LINDEN STREET DENVER Colorado 80216-0388 FORT COLLINS Colorado 80524 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN 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 Ordered Extended Price Paint Supplies 1 LOT LS 10,000.00 Annual Total $10,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm rate and local tames. Our Exemption Number is IL NONWAI VER. 9R-0W502. Fcdcml Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomance of the terms and conditions hereof. Lailurc or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). cxcreise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mourned to you for credit and an not to be replaced except upon receipt of o inert purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fun Collins. of when shipped, received or accepted, ors to any prior or subsequent default hereunder, nor .shall any Purported aml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, wrvICCS or equipment in resporse to this order can result in 12. ASSIGNMENTOFANTITRUSTCLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, cverrchrges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procdures. violations are in fact borne by the Purchaser. Theretofore, for grad cause and as 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 most be F.O.H., City of Fort Collins. 700 Wood St.. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Iflhe Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. end excess freight will be deducted four Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the work to be performd by the most expeditious means available to it, and the Seller shall pay all costs associated with such wnrk. Permit. Seller shall procure at sellers sole cost all necessary permits, certificates 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 any other duly constituted public authority having jurisdiction over the work of vcndnr. Seller further agrees to hold the City of Fort Collins harmless Farm and against all liability and loss incurred by them by reason of nn asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorimtion. All panics to this contract agree that the representatives area in fact. bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions propased by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effectetl within the time stated on the purchase order and the document attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in additian in other legal and equitable remedies, the option ofplacing 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 onuses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofcivil or military authorities, governmental priorities, fires, strikes, food. 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 Seiler first received knowledge thereof. In the event of any such delay. the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller wamnts that all grinds. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accmdancc with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace. repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Iry or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Set lee Acceptance or use of gaols by the Purchaser shall not constitute a waiver of any claim under this warmory. Except as otherwise provided in this purchase order, the Sellers liability bcmundcr shall extend to all damages proximately caused by the breach of any of the foregoing warranties in guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms; by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally nrdesd in the specifications or drawings, by verbal or mitten change order. [I any such change affects the amount due or the time of perfammncc hereunder, an equitable adjustment 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 the goods then not shipped, subject to any equitable adjustnrnt between the parties as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated pmfit on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect 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. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. g. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and finished in shlct compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as maybe required to effect orevidencc compliance. All laws and regulations, required tube incorporated in agreement of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hominess from all costs and damages sufferd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due Immunda without the poor wnttcn consent of the other party. 10. TITLE. The Seiler wmnot .ts full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. The Seiler shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting Farm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direct,,, oRcers and cmployccs ofsuch party. The Seller's contractual obligations, including svammty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shill, at its oven expense and at its option, either procure for the Purthascr the right to continue using said equipment or pans, replace the same with subsuantially equal but m tinfringing equipment, or modify it sat it hevamcs nnninfringing. 15. INSOLVENCY. If the Seiler shall became insolvent or banknipt make an assignment for the benefit of creditors. appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights ofal) panics hereunder shall be consmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcm Representative(.,), on the premises ofothco. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cam of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials ,and equipment are famished 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 as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shill. at his own expense. provide for the payment of workets compensation, including occupational disease benefits, to its cmployccs enmplayed 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 shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability in,cnranee with brnlify injury imd depth limits of u knot S300.000 for any one per, n. S500.000 for any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of uhe Sellers or his contractors cmployccs shall do may .work ,,on the pteniizes of others, the Seller shall famish the Purchaser with a certificate that such compensation rind insurance have been provided. Such certificates shall specify the date when such compensation and inSlorove hnve been provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is compleed and accepted. 19. PROT ECFION AGAINSTACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibiliryand liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons ar property caused by or resulting from the execution ofthc work provided for in this purchase nnler or in connection herewith. The Seller will indemnify cord hold tartness the Purchaser and any, or all of the Purchasers officers. agents and employees from and against any and all claims lac cs. 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 any act, action, neglect, omission or default on the part of the Seiler, any of his comtraetors, or any of the Sellers or contractors offers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. agent or cmployccs as aform id. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense. to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employ'" in such twit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthc Purchaser. or said panics in or as a result of such suits or other pauccdings. the Seller will at once muse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take 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 limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued puruant thereto. Revised 0312010