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HomeMy WebLinkAbout103481 COLORADO PAINT COMPANY - PURCHASE ORDER - 3214387PO PURCHASE ORDER 321438er Page City. of PURCHASE 3214387 t of z ' `t Collins This number must appear ` ` 1 1�7 on all invoices, packing sli s and labels. Date: 04/29/2014 Vendor: 103481 Ship To: TRAFFIC OPERATIONS COLORADO PAINT COMPANY CITY OF FORT COLLINS 4747 HOLLY ST 626 LINDEN STREET DENVER CO 80216-6409 FORT COLLINS CO 80524 Delivery Date: 04/28/2014 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 Pavement Marking Paint 1 LOT LS 50,000.00 Annual PER MAPO PRICING. 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@fogov.00m Total 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 COMMERCIALDEfAILS. Tax exemptions. By some the City of Fort Collins is exempt from see and local taxes. Om Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificatt of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tams and comitions hereof. failure or delay to Internal Revenue, Darver, Colorado (Ref. Colorado Revised Semantic 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided heein or by law, failure to promptly notify, the Seller in Ne event of a breach, the acceptance ofor payment for goods hereunda or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects or any of the warranties or obligmions of this purchase order and that not be deemed a waiver of any right of the damage in transit, may be returned to you lam credit and are not to be replaced except upon receipt of vvnuen Purchaser to insist upon strict performance hereof or any of its rights or ranches as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser op e e as a waiver of any of the teem Inspection. GOODS am subjeet to the City offort Collins inspection on arrival, hereof. Fiat Acceptance. Receipt of des, merchandise, save. or equipment in response To this order am result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. vuthoried payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize Out in actual economic practice, overcharges resulting fin. amitrua ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations art in fact borne by the Purchaser. Theretofore, for sad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges relating to the Particular goods or services otherwise specified on this order. Upermission is given to prepay freight and large separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must aca m em, invoice. Additionul charges fir packing will not be accepted. Shipment Distance. Wham manufacturers have distributing points in cutout parts of the country, shipment is expected from the nearest distribution point todesuration, and excess freight will be d mfi d from Invoice when shipments are made from ga err distance. Permits. Seller shall procure at sellers sole cast all necessary permits, cerificates and lireaes required by all applicable laws, regulations, eminences and roles of the state, municipality, territory or political subdivision inhere the work is performed, or required by any other duly constituted public authority haviogjurisdictimn over the work of vendor. Serer farther agrees to hold the City effort Collins harmless from and against all liability and loss incurred by Them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorimtion. All parties tar this conhact agree that the mpreunlatives are, in fact, bum fide and pmsess full and complete authority to bind said parties. LIMITATION OF TERMS. 'I his Purchase Order expressly limiu acceptance to the terms and condition stated herein set fodu and any supplementary or additional terms and conditions annexed herein or incorporated heein by reference. Any additional or di@rent a. am conditions propose by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immeJiaely if you cannot make complete shipment to arise on your promised activity, date as roved. Time is of The mare. Delivery and performance end be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofparial late deliveries, shall operate as a waiver of this provision. In 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 Jomages. However, the Seller shall not be liable for damages as a result of delays due to causes not rwsonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, Tax ofcivil or military authorities, gavemmrntal priorities, fires, strikes, flood, epidemics, wars or riots provided That notice oflhe conditions causing such delay is given to the Purchaser within five (5) days of the time what be Seller first received knowledge thereat. In the event of any such delay, the than fdelivery shall be extended for the period equal to the time actually Ina by reason i f the delay. 3. WARRANTY. The Seiler warrants bar all goods, anicla, materials and work covered by This order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be Et far the purposes emended, and performed with The highest degree of care and competence in accordance with incepted 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 branch of warranty. The Seller shall replace, mpair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such larger period of time To may be prescribed by law or by the terms of my applicable warranty provided by the Seller after die date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mmerials famished by The Seller. Acceptance or use of goods by The Purchaser shall not constitute a waiver of any claim under This warranty. Except as otherwise provided in this purchase order, Me Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or garantces. but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purel-rmay make airy rterm, changes to the term, other than legal ter, including additi ns to or deletions from the quantitiesorigially ordered in the specifications or drawings, by verbal or written change order. If any such change aRects the amount due or the time of,af r ance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portions of the good than not shipped, subject to any equitable adjustment hawan the pania as to any work in materials Olen in progress provided that the Purchaser shall net be liable for any claims for anticipated profits on the uncompleted portion of the goods worker work, for incidental or comas malial damages, and but no such adjmmrent be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADIUSTMEN'r. Any claim for Miasmal met be assured within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WTfH LAW. The Seller warrants That all good sold hereunder shall have been pranced, Told, delivered and famished To slam compliance with all applicable laws and regularon m which the good are subject The Sella shall exact. and deliver such Movements as may he required to eRee or evidence complima. All taus and regulation require f., be corpomted in agreements of this character are, hereby incorporated herein by this refererue. The Seller agree, to indemnify and hold the Purchaser hmmlas from all cmU and damages sutitred by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Nis order, or any monies due or to become due hereunder without the prior wham cement of the other party. 10. TITLE. The Seller uammot fall, clear and unrestricted tide to The Purchaser for till equipment, raamsis, and it. furoishn in performance of Mis agreement, free and clear of any and all time, meteor, reservations, security interest rncumbmncesand claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by be Purchaser and the Slier. and the Seller Iherea0er indicates its lability or unwillingness to comply, be Purchaser may cause the work to be Performed by the most expeditious meansavailable to it, and the Seiler shall pay all costs associated with such work. The Seller shall al. the Purchaser end its contractors of any diet firm all liability and claims of any amrc resulting from The Warmancc ofsuch work. This release shall apply even in fie evens of fault of negligence of tk parry, relaxed and shall extend to the directors, oRcers and employees ofsuch party. The Seller's contrucmal obligations, including warranty, shall not be deemed to be reduced, in any way, because smch work is performed or wmed to be performed by the Purchaser. 14. PATENTS. or Whenever the Sella is r hadirxl m use so design, device, mmmal or process cavern by Iettem for i , va unnerk wpyrighL the Seller shall ficat d and save hmmless The Purchaser from any aM all claims for inf'ngement by reason of the test resavor parented d , sa, device,eor a material which in connection 1 with The contract and shall indemnify the Purchaser for any Prevention expense or damage which it maybe obliged to pay by reason of such my pan therm or time during Me prosecution or after The completion t of The cork. fir eau said equipment, or any pan thereof or the intended use of e Ore good, is in is o suer rend to and at infringement and the use hof e said equipment or part is enjoined fie Sellersaid shall, equipment its own expense and ea its option, either procure for the Purchaser the right to t, or using said equipment n pans replace the same with substantially equal but noninfringing equipment, or modify itmit becomes noninfn'nging. ' 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or eusee for any of The Sellers properly or business, This order may forthwhb W acceded by the Purchaser without liability. 16. GOVERNING LAW. The definitions oferma used or the interpmatirn of the agreement aM the rights of all ponies hereunder shall be rumored under and governed "a, Iowa ofthe State of Colorado, USA. The following Additional Conditions apply only in cams where the Seller is to perform work hereunder, including the services of Sellers Represematim(s), on the premises ofothers. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and reactant and shall, in more of my incident, deamcuon or injury to the work candor mmm ds before Sellers final completion and accep room. complete the work at Seller's own expense and to the satisfaction of The Purchaser. When materials aM equipment fie bombed by others for installation or ereNon by the Seller, the Seller shall receive, unload, sere and handle same at the site red become responsible Therefor as Though such materials andtor wnipment were being fumishn by the Seller under The order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers enumeration, including occupational disease benefies, to its employees employed on or in connection with the work covered by this puehau order, amVor 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 incur nce with bodily injury and death limits of at least S300000 for any one person E500,000 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 compramtion and insurance. Before any of the Sellers or his contractors employees shall do my work upon The pernises of afters, The Seller shall famish the Purchaser with a certificate That such compensation and insurance have been provided Such certificates shall specify, the date when such compensation and insurance have been provided. Such ofiifrcata shall specify the date when such compenwtion and insurance expires. The Serer agrees that such compensation and insurance shill he maintained tent after the entire work is completed sad 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 naurre whatsoever to persons or propeey caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any cr all of the Purchasers ocers, agents end employers from and spots, any and ell claims, losses, damages, fL harges expenses, whether direct or induct, and whether To person or progeny to which The purchaser may be pm or subject by reason of my act, action, neglat. omission in default on the part of the Seller, my of his commmars, or any of the Sellers or controcmrs officers, again, or employees. In wee my am or other proceedings shall he brought against the Purchaam, or in oRc us, agents or employees at my time on account or by reason of my act, ucnon, 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 in defend the same at Sellers own expense, b pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or Their of rms, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained againsuhe property of the purchaser, or said pities in or as a result ofsuch suits or other proceedings, Me Seller will at once cause the some to be dissolve and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precamion, famish and inrall all gmrds necessary for the prevention of accidents, comply with all laws and regulation with regard To safety including, but without limici ioo, the Completed Safety and Health Act of 1970 and all roles red regulation inesurd pursuant Meant. Revised 03=0