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HomeMy WebLinkAbout515554 GREEN SHEEN - PURCHASE ORDER - 9141471Fort Collins Date: 03/10/2014 Vendor: 515554 GREEN SHEEN 31 E PANAMA DR, UNIT 1 CENTENNIAL CO 80121 PURCHASE ORDER PO Number Page 9141471 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Deliverjr-Date: 03/10/2014 Buyer: ED BONNETTE Note: SUBCONTRACTOR FOR LATEX PAINT RECYCLING FOR THE CITY'S TWO ANNUAL HHW EVENTS. Line Description Quantity UOM Unit Price Extended Ordered Price I LATEX PAINT RECYCLING AT THE 2014 HHW COLLECTION EVENTS 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 12,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By slamte the City of Fort Collins is exempt from ante ad local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of damage in transit, may So returned to you for credit and are not to be replaced except upon receipt of writen instructions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of For Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of al I applicable acquired inspection procedures. Freight Tears. Shipments muss be F.O.H. City of pan Collins, too Wood St, Fon Collins, CO 80522, unless otherwise specified can this ardor. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will at be accepted. Shipment Distance. Where manufacturers have distributing points in carious pairs of the country, shipment is expected from the nearest distribution point to attenuation, and excess freight will be deduced from Invoice when shipments are made form gmomer distance. Permits Seller shall pfacure ar sellers sale cost all necessary permits, Certificate, and licenses required by all applicable laws, regulations, wr inareas and tales ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority haviogjuriadiction over the work of vendor. Seller further agrees to hold the City of Fran Collins harraless from and against all liability and loss incurred by them by reason of an assened or established violation of any such lows, regulations, ordinances, rates and requirements. Acidification, All parties to this contract agree but the represtu tarives are, in fact, bona fide and posuss full and complete authority, m bind said panic. LIMITATION OF TERMS. This Purchase Oder oprawly limits acceptance to the rears and conditions stated herein set forth and my supplementary or additioal kmn and conditions annexed hereto or incorporated herein by reRrence. Any additional or different no. wad conditions proposed by seller one objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedisfely ifyou cannot make complete shipment to anise on your promised delivery date as noted. Time is of the bounce. Delivery and performance most be effected within the time stated oa the purchase order and he documents mmched hereto. No acts of the Purchasers including. without limitation, acceptance it geniallase deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaer shall have, in addition to other legal and equitable remedies, the option of placing this ender elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result ofdelaya due to canes not rcusonnbly foreseeable which arc beyond it, reasonable control and without its fault of negligence, such oms ufGud, act ofcivil or military authorities, govemmenral pmdties, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pmmaser within five (5) days of the time when the Seller 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 lost by reason ofthe delay. 3. WARRANTY. The Seller worrmt that all goods, articles, rateriat and wok covered by this order will conform with applicable drawings, specifications, samples .Nor other descriptions given, will W fit far the P.W. intended, and performed with the hippest degree of are and courn once in accordance with accepted moorlands, for work of a miler nature. The Seller agrees se hold the purchaser bound. form any loss, damage or ek,. which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goo, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pored of time a may be prescribed by lower by the terms of any applicable wormary provided by the Seller one, the date of acceptance of the goods !nd osh hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this warranty. Except as otherwise provided in this purchase ceder, the Sellers liability hereunder shall extend to all damages proximotaly caused by the breach of any of the lomping warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IM PIA ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change now. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal rams. including additions to or deletioce ram the quantities originally ordered in the specifications or drawings, by cabal or women change order. If any such change affect the amount due or the time ofperfomunce hereunder, an equitable adjustment shall b , made. 6. TERMINATIONS. The Purchaser may at any time by wntion change ordeq reactions, this agreement as to any or all podimis of the goons her not shipped, subject to any equitable adjustment between the parties as to any work or materials than in progress powidd that the Purchaser shall not be liable for any claims far adicipnted Profits on the uncompleted pommn of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in ticker of the Seiler with respect to any gala which arc the Sellers standard stock. No such harmonic. shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder 1, CLAIMS FOR ADJUSTMENT. A, claim for w1justnmt must be asserted within thirty (30) days from the date the change or awariwtio, is ordered. 8. COMPLIANCE WITH LAW. The Seller towards Ws all good sold hereunder shall bake been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such docurnmt as may be required la effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character rue hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pandower harmless form all costs and damages suffered 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 hereunder without the prior written consent of the other pay. 10. TITLE. The Seller warrant full, clear most uaesvided title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, for and clear of my and all liens, restrictions, reservations. security interest encumbrances and claims ofothers. I I. NONWAIVER. Failure of the Purcheser to insist upon strict performance of the terms and conditions hereof, failure or delay Ins exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder in approval fthe design, sholl nor release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance woo for any of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, or shall any imported oral modification or resci.uion of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNM17NT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, oseoharges resulting from candrat violations are in fact Some by the Purchaser. Theretofore, for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under !decal or state antitrust laws for such overcharges slating to the Particular goods or services purchased or acquired by the Purchaser porsham as this purchsse oiler. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffl a purchaser direct the Seller to correct nonconforming or defective goods by a data ro be ageed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may cause the work to be performed by the most expeditious mean mailable to it, 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 perfommnce of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers commensal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pof ermd at caused to be performed by case Purchaser. 14. PATENTS. Whenever the Seller is required in use any design, device, naer.) or process covered by hweq p naw, trademark he copyright, the Seller shall indemnify and save baemlass the Purchaser from may and all claims for infringement by reason or the use of such pafamd design, device, material m process in connection with the contract, and shall imkmnity the Purdlever for my cost, expense or damage which it may be abligd at pay by reason of such infringement in any time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is in such mit held m constitute arrangement and the use of said equipment in pun 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 with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent ar bankmpl, make m nsd,wri n for the benefit of creditors, appoint a or tmsme far any of the Sellers property or business, this ceder may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmn nsd or the interpretation of the agreement and the rights of all parties hereunder shall be cautioned under and governed by the Uwe ofrhe Stale ofColoradea USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenntva(s), on the premises stationers. IZ SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work maker materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation of medium by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor ns though such materials and/or equipment were being frmishd by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for she payment of workers ex mpenwtion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase adeq andror to their defendants in accordance with the laws of the state in which the week u to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmeal and smomobile public Liability insurance with bodily injury and death limits of at lent S30wdoo for any one person 5500,000 for any one accident and property damaga limit per accident of S300,000. The Seller shall likewise require his if my. to provide for such rompensa e and insurance. Before any of the Stemrama Sellers or his ctc employees shall do any work upon the premises of others, the Seller shall famish the purchaser with. certificate that such compertaatio i and insurance have been provided. Such cedifienta shall specify the data when such compensation and insurance have been provided. Such cer ifiewas shall specify the date when such compunction and insurance expites.'Me Seller agrees that such compensation and insurance shall be maintained until alter 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 at I damage, loss or injury of any kind or nature whatmeser to persons or property caused by or resulting from the execution ofNe work provided for in this purchase order or in connection herewith. The Seller will imkmnify aed hold hmwas the Purebasen aM my r all of the Purchasers officers, agent and employees from and against any ad all claims, losses, damages, charges or apemes, whether direct or indirect, and whether to persons or property, to which the Purchaser may be put or adjal by reason of any act, ac[ion, negleer, omission or defat on the pan of the Seller, any of his ontractous, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its o1Rem, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or any of it or their oRcem, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sells. own expense, to pay any ad all Coln, charges,.'.may, fees aed offer expenses, any and all judgments that may be crammed by or obtained against the Purchaser or my of it or their affects, agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or w a result of such suit 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 contractors shall take all safety precautions, famish and install all goads necessary far the prevention of acoldens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereso. Revised 03n010