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HomeMy WebLinkAbout244018 L & R PAINTING - PURCHASE ORDER - 3212208PURCHASE ORDER PO Number Page City Of3212208 ' of z Flirt CollinsCon all invoices, pacst king //_',�'`�—J`_, ` J on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 244018 Ship To: WATER UTILITIES L & R PAINTING CITY OF FORT COLLINS 3912 S TAFT HILL ROAD 700 WOOD ST FORT COLLINS Colorado 80526 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 6,000.00 Painting Total $6,000.00 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 It, 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAI VER. 99-04502. Federal Excise Tax Exemption Certificate of Registry R4.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. 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, the aeacptanec of or payment for goods hereunder or approval of the design. ,shall not release the Seller of Goods Rejected. GOODS RE)ECTED due to failure to meet specifications, either when shipped or due In defects of any of the wamntiev or obligations of this purchase order and shn ll not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of Written purchaser to insist upon strict perfnrmenee hereof or any of its rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported uml mndif cation 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 omival, hereof ' Final Acceptance. Receipt of the merchandise, services or equipment in respone to this order can result in 12. A SSIGNM ENT OF ANTITR UST CLAI MS. authorized paymeni on the part of the City of Fort Collin, Hmscver, it is to be understood that FINAL. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proeedu¢s. violations are in fact borne by the Purchaser. Theretofore, for grid 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 Tents. Shipments most be F.O.B., City of Fort Collins, 7M Word St.. Too Collins, CO 90522. unless acquired under federal or state antitnust laws for such overcharges relating to the paniculnr goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. I.A. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where monufaeturcrs have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or dcfcclive goods by a date to be agreed upon by the expected form 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 unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perfunmed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seiler shall procure at sellers sale 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 perfumed, or required by any other duly conotimtcd public authority having jurisdiction over the work of vendor. Scllcr further agrees to hold the City of Fort Collins Ir mlcss farm and against all liability and loss incurred by them by reason ofan scanted or established violation Many such laws, regulations, ordinances, rules and requirements. Authariuttion. All panics to this contract agree that the representatives are, in fact. bona fide and pnsscss full and complete authority to bind said panics, 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 hacto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to 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 sated on the purchase order and the documents anached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Sellershall not be liable 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 God. acts ofeivil or militurymnhontics governmental priorities Gres, strikes, flood, epidemics. ours or rims provided that notice of the conditions causing such delay is given to the Purehrecr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date M delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnts that all good, articles materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense Which the purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good. without cast to the purchaser, any defects or faults arising Within one (I) year 0r within such longer period of time as may be prescribed by law or by the terms crony applicable wamnry provided by the Seiler after the date of acceptance of the goods furnished hereunder (acceptance not to he unrc,asmuhly delayed), resulting form imperfect or defective Work done or mmcrols famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute n waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunda shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FI rNESS 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 any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in The specifieatinns or drawings, by verbal or Written change order. If any such change affects The amount due or the time of performance hereunder, as equitable adjustment shall be nrsdc. 6. TERMINATIONS. The Pumhaur may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the Panics as to any W ork or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, far incidental or consequential damages, and that no such adjustment be made in favor of the Seller With respect to any gads Which are the Sellers standard stock. No such tcmtiaminn shall relieve the Purchaser or the Seller of any of their obligations as to any gods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or termination is nrdcred. R. COMPLIANCE WITH LAW. The Seller warrants that all gander sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated 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 parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of The other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchascr for all equipment materials and items frrnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warn my, shall not be deemed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. patent, badcmark or copyright, the Seiler shall indcmad'v ro l save harmless the Purchaser form 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 of srch 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 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 parts. replace the same with substantially equal but noninfringing equipment, or modify it so it baanics 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 any of the Scllcrs property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions of tcros used or the interpretation of the agrccmcut and the rights ofall panics heretmder shall be construed undcr and govcmed by The laws ofthc Statc of Colorado, USA. The following Additional Conditions apply only in cases Where the Seller is to perform work hereunder. including the services MScllcrs Representativc(s), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work ut Seller's own risk until the same is Polly completed and accepted, and shall, in case of any accidsm. destruction or injury to the work and/or materials before Scller's fm1 completion and acceptance, complete the work at Seller's own expense and n the satisfaction of the Purchascr. When materials and equipment arc 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. 19. 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 shall also cary comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with hMily injury and death limits of at least 5300,000 for any one person, $500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work Morn the pre nises of others the Sella shall furnish the Pawhnmr .with a cenificatc that such compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance have been provided. Such ecnilientes shall specify the date When such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until iRcr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution ofthc mark provided for in this purchase orderor in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any r all of the Purchasers of icers, agents and employees form and against any and all claim,%. Lases, damages, charges or expenses. whether direct or indirect, and whether in persons or property to Which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan M the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchase, 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, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the lime at the Sellers own expense, to pay any and all costs charges, anomeys 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 employces in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property ofthc Purchase, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the ame to be dissolved 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 Imes and regulations with regard to safety including, but without limitation, the Occupational Safcty and Health An of 1970 and all modes and regulations issued pursuant thereto. Revised 0312010