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HomeMy WebLinkAbout299144 ROCKY MOUNTAIN COATINGS - PURCHASE ORDER - 9122690PURCHASE ORDER PO Number Page City of 9122690 1 of 2 Flirt Collins This number must appear ,y`�_J`', ` on all invoices, packing slips and labels. Date: 05/08/2012 Vendor: 299144 Ship To: OPERATIONS SERVICES ROCKY MOUNTAIN COATINGS CITY OF FORT COLLINS 737 KNOLLWOOD CIR 300 Laporte Avenue FORT COLLINS Colorado 80524 Building B FORT COLLINS Colorado 80521 Delivery Date: 05/08/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Civic Center Parking Garage 1 LOT LS 16,789.00 Clean and paint the handrails walls and ceilings in the stairwells. Total $16,789.00 U 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt From state and local taxes. Our Exemption Numbcr is 95-04542. Federal Excise Tax Excerption Cciificam of Registry 84-6000397 is registered with the Collector of Internal Revenue. Dcnvcr. Colorado (Rep. Colorado Revised Sterne, 1073. Chapter 39-26. 114 (a). Gonds Rejected. GOODS REJECTED due to failure to meet .specifications, either when shipped Or (file to defects of damage in transit, may be rcturncd to you for credit and are not to he replaced except upon receipt of written instructions from the City of Fart Collins. Inspedion. GOODS are subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure Of the Purchaser in insist upon strict performance of the terms and conditions hereof failure or delay to exercise any rights or remedies provided herein or by law. failure to Promptly nntify the Seller in the event of a breach, the acceptance of or payment for goods hereunder Or approval of the doign, shall not release the Seller of any of the warranties or obligations of this purchase onto and shall not be dcannd a waiver of any right of the purchaser to insist Open strict pL,f.r,,,,ncc 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 hereunder. nor shall any purported Or.,] modification or rescission of this purchase order by the Purchaser operate as a waiver ofany Of the reins hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLA IMS, authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchascr recognize that in actual economic practice. overcharges resulting From antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase under, the Seller hereby assigns to the Purchaser any and all claims it may now hove or hereafter Freight Terms. Shipments must be EO.B.. Ciro of Fort Collins, 700 Wood St.. Fort Collins, CO 50521 unless acquired under federal nr state antitrust laws far such overcharges relating to the particular goods or services otherwise specified on this nude,. If pcm,ission is given to prepay freight and charge sepamtcly, the original freight purchased or acquired by the Purchaser pu .aunt to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufienurcr, have distributing points in cannot parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and odes 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 vendor. Seller Further agrees to hold the City of Port Collins harmless from and against all liability and less incurred by them be reason of an asserted or established violation of any such laws, regulations, onlinanco, talcs and requirements. Authonwion. All parties in this contract agree that the representatives are, in fact, bona File and possess fill and complete authority to bind slid panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Fanh and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions pmWsed by seller art 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 stated oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waniver ofthis provision. In the event of any delay. the Purchaser shall have, in addition to other kcal and equitable remedies, the option ofplacing this order clsavhcm 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 control and without its fault of negligence, such acts of Ord, acts of civil or military anthontles, governmental priorities, fires, strikes, flood, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within Fee (5) days of the time when the Seller first raei,ed knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost be reason ofthe delay. 3. WARRANTY. The Seiler warrants that all good, articles, materials and work covered by this order will confront, with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a .similar nature The Seller agrees to hold the purchaser harmless, from tiny loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waronty. 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 law or by the terms ofany applicable vyamory provided by the Seiler infer the date of acceptance of the goods unn furnished hereunder (acceptance not to be unreasMy delayed), resulting farimpem rfect or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this s%nm, my. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately cmtsed by the breach of any of the foregoing wamnties or guarantees. but such hand try shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR NI ERCHA NTA BI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal hems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make any changes to the terms, other than legal terms, including additions tom deletions from the quantities originally ordered in the specifications or drivings, by verbal or written change order. If any such change affects the amount due or the time of performance hcrcnnder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any' time by written change order, terminate this agreement as to any Or all ponions of the galls then an, shipped, ,object to any equitable adjustment between the panics as to any work or materials then in progress provided that the Pumhaser shall not be liable for any claims for anticipated profits an the uncompleted portion ofthe gods and/or work. for incidental or consequential damages, and that no such adjustment he made in favor of the Scllcr with respect to any goods .which arc the Sellers standard stock. NO such termination shall relieve the Pumhaser or the Seller of any of their obligations as to any gaud delivered hcrnmder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be accrtcd within thirty (30) days human the date the change or temuinition is milcmd. R. COMPLIANCE WITH LAW. The Seller vvamant, that all goods sold hcrcnnder shall have been produced, sold, delivered and furnished in strict 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 compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamlet 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 aainen consent of the other party. 10. TITLE. The Seller wr mnu full. dear and unrestricted title It the Pumhaser for all equipment materials, and items famished in performance of this agtecmcnt. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. pilot Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed open by the Purchaser and the Sd1cr, and the Seller thereafter indicates its inability or unwillingness to comply. file Punchatcr may cause the work In be performed by the most expeditions means available to if, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability, and claims of any nature resulting from the performance ofsaeh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olBcers and employees of such party. The Scller's contractual obligations including wamaty, shall not be deemed to be educed. in any way, because such work is PLHOmcd Or Caiwed in he performed! by the Purchaser. 14. PATENTS. Whenever the Seller is requited to usennv design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason o('thc use of such patented design, device. nnterial Or process in connection with the contract. and shall indemnify the Purchaser for any cost, cxpcnsc Or damage which it may be obliged to pay by reason of such infringement at any time during the persecution or ancr the completion Witt, 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 it 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, of modify it so it heemncs anninfringing. IS. 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 Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions often... nscd in the interpretation ofthe agmeam t and the rights ofall panics hereunder shall be constroed under and govi nted by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Scllcrs Rcpmscntntive(s), on the premiscs epithets. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury In the work molter materials before Seller's Final completion and acceptance, complete the work at Seller, own expense and to the satisfaction ofthe Purchaser. 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. IR, INSURANCE;. The Seiler shall, it his own cxpcnsc, pmvidc 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 Imes ofthe 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 insurance .with bodily injury anal death limits of m least 5ino.Bto for any nee person. S5oo.Mn for any One accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to pmvidc f>r such compensation and insurance. Before any of toe Sellrn or his contractors employees shall do any work upon the premise, Of oilers. the Sellershall Finnish the Purchaser with a certificate that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Such ecatficams shall specify the date.vhen .such compensation and insurance expires. The Scllcr agrees that such compensatian and insurance shall be maintained until after 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 afray kind or nature wland aver to persons or property caused by or resulting farm the execution ofihe work pmvidcd for in Ibis purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purehnsers officers, agent and employees form and against any and all claims, losses. damages, charges or cxpenscs. whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may he put or subject by reason of any act. action, officer, omission or default on the pan Of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bought against file 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 oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mme at the Sellers own expense, to pay any and all crisis, charges, attorneys fees and other expenses, any and all judgments that may be intoned by or obtained against The Purchaser or any of its Or dteir Officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon nr obtained against the property ofthe Purchaser. or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors Shull take all safety precautions. furnish and install all guards necessary for the pmventian of ,accidents, comply with all Imes and regulations with regard to safety including, but without lin,ftatlon. the Occupational Safety mad Hcalth Act of 1970 and all mlcs and regulations issued pursuant Thercm. Revised 0312016