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HomeMy WebLinkAbout299144 ROCKY MOUNTAIN COATINGS - PURCHASE ORDER - 9143377Fort Collins Date: 06/17/2014 Vendor: 299144 ROCKY MOUNTAIN COATINGS 737 KNOLLWOOD CIR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9143377 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/17/2014 Buyer: DOUG CLAPP Note: annual painting services contract #7560 Line Description Quantity UOM Unit Price Extended Ordered Price i 300 N Howes 1 LOT LS Furnish labor, materials and equipment to clean interior shop walls and repaint per quote dated 6/6/14. - power wash and paint all walls in Warehouse West, including restroom - paint walls, ceiling and two overhead doors in Warehouse East - Paint walls and ceilings in first office to west of Warehouse West contact: Brian Hergott 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 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excbe Tax Exemption Cedificam of Registry M-600058I is registered with the C.Efte or of Failure of the Purchaser to insist upon aides performance of the terms and conditions hereof, failure or delay to Internal Revenue. Deaver, Colorado (Ref. Colorado Revised Station 1973, Chapter 39-26,114 (a). exemhe tiny rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a branch, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECFED due to failure or meet speciGcmict either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be dmnM a waiver of any fight of the damage in transit. may be removed to you for credit and art not to be replaced except upon recent of women purchaser to insist upon mict performama hermfor my of its rights or remedies s in any such good, regardless instructions focus the City of Fon Calif.. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my puryoned oral modification or remission of this purehae order by the Producer operate as a waiver of my of the team Inspection. GOODS art subject to the City of Fort Collins impaction on arrival. hereof. Final Acceptance. Receipt of the matchmdise, services or equipment as respose to fis order can result in l2. ASSIGNMENT OF ANTITRUST CLAIMS. authodmd payment on the pan of fie City of I. Collim. However, it is to be understood that FINAL Seller and the Paintings mcognem, Onus in actual marrandic practice, o archart resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required cooperation procedumi violations are in Rest fame by the Purchaser. Theretofore, for good nose and as consideration for executing this purchase order, the Seller hereby alight to the Purchaser my and all claims it nay now have or hereafter Freight Terms. Shipments must be EO.D.. City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless enquired under fexeml or slate amount laws for such overcharges relating to the particular good or services otherwise specified on this order. if perosissim is girt. to prepay freight and charge separately, fie original freight p rrehmed or acquired by the Purchaser pursuant In this purchase order. bill most azromoanv invoice. Additional elitism for mckina will not be accented. Shipment Distance. Where manufacturers gave distributing Points in commit parrs of she country, shipment is expected from fie nearest distribution prim to destination, and excess fright will be denoted form Invoice when shipments me made fmm greater distance. Permits. Seller shall procure at sellers sale cost all necmmry permits, cenificatw and licenses required by all applicable laws, regulations, on imneas and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authorry having jurisdiction over the work of vendor. Seller Toter npmv m hold the City of Fort Collins harmless firm and against all liability and loss trimmed by them by reason of an assmed or established violation of any such laws, regulations, ordinances, rates and requirements. Authorisation. All panics to this cr moat agree that the representatives are, in fact, bona fide and possess full and omplem authority to bind said panics. LIMITATION OF TERMS. 'Phis Pardmse Order expressly limits acceptance to the terms and conditions stated herein set faith and any supplernenary or additional rests and conditions annexed hereto or incorporated herein by reference. Any additional or different across and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGF.N'I immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. lime is of the essence. Delivery and performmce ..it ba effected within the time stated on the porch w order and the documents attached hereto. No acts of the Purchasers including, without intriguer, acceptance .1 partial late deliveries, shall operate w a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition la the, legal and equitable remedies, the option o li acing this order elsewhere and bolding the Seller liable Ibr 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 reaonable control and without in fault of negligence, such ma of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to she Pardoner within five (5) days of fie rime when the Sella find received knowledge thereof. In the rent of my such delai the date of delivery shall be remanded for the pcdod equal to fie time mtnafly 1. by stand. ofthe delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ami other descriptions given, will be fit for the puspoecs intended, and preformed with the highest degree of care and compnenn in aceoNarue with accepted standard for work of a iodur nature. The Seller erg. to hold the purchaser harmless from any loss, damage or expense which fie Purchaser may suffer or incur on account of the Seller bre ach ofm wanry. The Seller shall replace, situation undo, gaud, without cast to the purchara. any defects at faults arising within one (I) year or within such longer period of time as may be pmcribed by law or by fie term¢ of any applicable immunity proa+derl by fie Seller after the dam of acceptance of the goods fmished hereunder (azcepmc, not in be unrcanmbly delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchases shall not constitute a waiver of any claim radar this warranty. Except as otherwise providad in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by she breach of any of the foregoing wamounts, or guamaees, bur such liability shall in no event include loss of pmfirs or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes In Inal terms by origin change order. S. CHANGES IN COMMERCIAL T ERMS. The Pnmhneer may make any chortler to the mmrs, other than legal terms, including additions to or deletions from the quantities originally ordered in the specilicatfi m or drawings, by verbal or written change order. It any such change aRects the amount dim or the time of pmfrrmtime hereunder, is equitable adjutmen shall be made. 6. TERMINATIONS The Purchaser may at any lime by wrinen change order, teminme this agreement as to any or all portions of the goad then not shipped, subject to any equitable adjustment between the panics as to any work or mutmals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on she uncompleted potion of the good and/or work, for Incidental or consequential damages, and shut no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adornment most be asserted within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Sella warrants that all goad sold hercundet shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Sever shall execute and deliver such daumrnts w may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Selim agrees to indemnify and hold fie Pumbam hamiss firm all carts and damages sufered by the Purchaser as a result of she Sellers failure an comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer. or convey this order, or any monies due or to became due bertmder without the prior wrinen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and miscarried tide in the purchaser for all equipment, materials, and items fmishal in performance of this agreement, free and clear of any and all hem,fiom Temom, reservation, security interest eneumbmneasand claims ofothen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If fie Purchaser directs the Seller to correct nonconforming or defmive, goods by a date to be agreed upon by the Purchaser and fie Seller, and the Seller thereafter indicates its inability or unwillingness to comply, she Purchaser may cause the work to he performed by she most expeditions means available to it, and she Seller shall pay all costs want with such work. The Seller shall refuse the Purchaser and its contractors of any tier form all liability and claims of any nature esulting from lire pert manm 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 su.Is any. The Selene comtracmd obligations, including womanly, shall not Is, deemed to be reduced, in any way, because such work is perfmtad tie caused to be Perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material in process covered by lemq potent, trademark or rnpyrigM, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use oI such patented design, device, material or process fo connection with the coolant, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any lime during the prosecution or after the completion of the work. In Caw said equipment, or any pan thereafter the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, al its own expense and At its option, either procure far the Purchaser the right to continue using said equipment or poor, replace fie same with substantially equal but noninfdnging equipment, or modify it so it becotrns noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent ar bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by she Purehaet without liability. 16. GOVERNING LAW. The defrshiom of mom used or the interpretation of the agreement and the rights of all panics heeurer shall be mauued under and governed by the laws ofthc Sale ofC.Andly, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including day services of Sellers Raprtunurivjs), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers owns risk until the same is fully completed and accepted, and shall, in cm, of any accident, destruction or injury on fie work smi materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaa. When maerials and amilm col art fmined by others far monitoring or aremion by fie Seller, fe Seller shall receive, unload, store and handle same at the site and become respomlble therefor s Tough such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational discuss benefits. to its employees eiftwa t on or in connection with the work covered by this purchase order, major to their dependents in accordance with the laws of the state in which the walk is to be done. The Seller shall also carry comprehensive general liability including, but not limited it, contractual and automobile public liability mono , with M1odily injury and death limits of at least S300..W Wr any one person, $SRpm for any one accident and property Mmage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such compensation and in an e. Before y of the Sellers or his caricature empkyees that l du any work upon the premises of others, the Seller shall f ish fie Purchaser with a cer ificam that such compensation and insurance have been provided. Such camorams shall specify the Jute when such compensation and insurance have been provided. Such ceriifintes shall specify the data when such compensation and insurance expires. The Serer agree that such compensation and insurance shall be maintained until tier the entire week is completed and accrymd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asumam the entire responsibility, and liability for any and all damage, loss or injury of any kind or nature whormaccr to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indenudfy and hold harmless the Purchaser and any r all of fie PurcM1aers officers, agents and employees fmm and against my and all claims, losses, damages, charges at expenses, whether direct or indirect, and whether to Factors or property m which the Purchases nay be put or subject by roan of any act, action, neglect, omission or default m the pan of the Sella, my of his contractors, or my of the Sellers or contrmmrs officers, agents or employeas, In case my suit or most proceedings shall be brought against the Forefoot or its oRcars, agents or employees at any time on meows or by mason of my act action, neglect, omission or default of the Seller of my of his contractors or my of its or their oDivers, agents or employes as aforesaid, the Seller hereby .,mes to assume she defame thereof and to defend the same er fie Sellers own expcme, to pay my and all corm, charges, anomeys teas and other expense, my and all judgments that may be incurred by or obtained against the Purchases or any of its or their officers, agents or employees in such suits or other proceedings, and in now judgment or other lien be placed upon or obaimd against the property offe Purchsser, or said parries w or m is result of such suits or agree proceedings, the Seller will m once cause the score to be dissolved and discharged by giving bond or otherwise. The Seller and his nnmnors shall take till safety precautions, furnish and imall all guard nccessay for the prevention of ecidenq comply with all laws and regulaiom wish moral to safety including but Woman limitation, the Decipmimil Safety and Health Act of 1970 and all roles and regulations issued ptu , there. Revised 03QOIO