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HomeMy WebLinkAbout299144 ROCKY MOUNTAIN COATINGS - PURCHASE ORDER - 9144110Fort Collins Date: 07/21/2014 Vendor: 299144 ROCKY MOUNTAIN COATINGS 737 KNOLLWOOD CIR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9144110 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: 07/21/2014 Buyer: DOUG CLAPP Note: ref. annual painting contract #7560 Line Description Quantity UOM Unit Price Extended Ordered Price Northside Aztlan CC 1 LOT LS Paint interior during annual shutdown of facility as required. reference quote dated 5/2/14 Supply equipment, labor and material to prep and paint Northside Aztlan Community Center as specified: work to include: -Eagle Room 1,2,and 3 -Lounge -Monkey Rooms 1-4 -South and West window wall -Lisa/LindaNida Sana office outer wall -Touch up rails -Gym walls -Jaguar and Rabbit -Reception area and corridor total - material and labor = $9,962.00 Contact: James Warren 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 Total Pay terms net 30 days Invoice Address: 9,962.00 1-011*414I41 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Pumhase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of For Collins is exempt from seam and local lazes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifcate, of Registry 84-6000587 is registered with the Collecmr of failure notion Purchaser t. insist upon strict performance of the ems 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 comedies 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 or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spedinations, either when shipped or due to defxrs of say of the wartanb. or obligations of Nis purcbr. mader and shall act be deemed a waiver of any right of the damage in transit, may be rimmed to you for credit and are not to be replaced except upon metal of wnnen purchaser to insist upon strict performance hereof or any of its rights or recnedies as to any such good, regardless institutions f the City of Fort Collins. of when shipped, received or accepted, res to any prior or subsequent default hereunder, nor shall any measured cost modifntion or rescission of this purchase made, by the Pumbam operate as a waiver of any of the to. Inspection. GOODS are subject to the City effort Collins inspection on arival. befmf. Final Acceptance, Receipt of the merchandise, u r equipment in rupmere to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment out the pan of the City of For Collins. however, it is to be undentuW that FPxAL Seller and the Purchaser recognize that in actual a is practice, a erchuges resulting form :,thrust ACCEPTANCE is dependent upon completion of all applicable ordained inspection procedures, violations are in fact home by the Purchaer.Theretofore Theretofore, pod all and a consideration for executing this purchase omen me Seller hereby assigns a the Puehaaer any and all claims it may now have or hereafter Freight Terms. Shipments must be F.D.D.. City of Far Collins, 700 Wood Sa., I. Cri s, CO 80522, We. acquired under federal or state maintain laws for such overcharges relating to the particular goods or services otherwise specified on this order. Irpermanion is given to prepay freight and charge separately, the origivl freight purchased or acquired by the Particular pursuant to this purchase order. bill most accompany invoice. Additional charges for waking, will not be, accepted. Shipment Divorce, Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses requital by all applicable laws,regulations, ordinances and tales of the stare, municipality, temmry or political obt ivin..blue the work s perfmted, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Far Collins harden from and against all liability and loss endincurred by them by reason of an recorded or established violation of any such laws, regulations, oMinances, rules requirements. Authorization. All ponies to this contract agree ,hn the reprowaimives are, in fact bans fide and fir,was full vad complete authority to hind said parles- LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein se, Earn and any supplementary or additional terats and conditions annexed hereto or incorporated herein by reference. Any additional or differml harms and conditions proposed by seller are objedN to and hereby expected, 2. DELIVERY. PLEASE ADVISE PURC14ASMG AGENT immediately ifyou cannot make complete shipment to Oman on your promised delivery dare an, noted. Time is of the essence. Delivery and paefmance mast be @coed wilhin the time stated on the purchase Order and the documents attached hereto. No arts of the Purchasers including, without I .... animal, acceptance of pareal .to deliveries, shall operate as a waiver alibis provision. In the even, of any delay, ,he Purchasar shall have, in addition , other Iegnl and equitable remedies, the option adducing this order elsewhere rand bidding the Seller liable for damageshowever, the Seller shall rim be liable for damages as, a molt of delays due to causes riot reasonably fomremle which are beyond is reasonable control and without its fault of negligence, such ors of(Jed, acts ofeivil or military constrain, govemmen,l priorities, fires, strikes, Rood, epidemics, wars or riots provided but notice ofthe conditions causing such delay is given to the Pacbar within Five (5) days of the ,into when the Seller 0m received knowledge the.[ 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 warrants that all good, articles, materials and work covered by this order will confomg with applicable drawings, specifications, sample annllor other descriptions given, will be fit for the purposes imm&d, and performed with the highest degree of can and compotence, in accordance with accepted standards for work of a mite natal. The Seller ogees to held the purebaer hamless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwmnmmy. The Seller short replace, repair or rake good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the hams of any applicable so mnty provided by the Seiler slier the die of acceptance of the good famished hereunder (acceptance not to be ranreaonably delayed), resulting firm imperfect or defective work done a, materials famished by the Seller Acceptance Or use of goods by the Purchaser shall not constitute a waiver of any claim under this w'aranty. Except as otherwise provided in this purchase aide, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmmies or guaramers, but such liability shall in no eve. include lass ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS 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 li rs,.the, than legal total, including additions to or deletions from the quantities originally ordered in the specifications Or drawings, by verbal or varman change order. If any such change aQecs the amount due or the time of performance bereundm an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writing change order, terminate this ag¢cment a to any or all ponlnns of the good then not shipped, subject to any equitable adjustment brmeor the Pain a to any work or maer af, than in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfirs on the uncompleted portion of the goads ardor work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stack. No such mmgination shall relieve the Purchaer or the Seller orally Of their obligations an to any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claw for adjustment most her assented within shirty (30) days from den date the change or mrmiration is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants tha, all goods sold hereunder shall have been produced, sold, delivered and famished in shim compliance with all applicable laws and regulations a 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 terminal to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatadess for all mats and damages suf e ed by the P,chutt as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this Omer, or any monies due or to become due hereunder without be prof woman cement of the other party. 10. TITLE. The Seller warrants full, clear and annexational title to the Purchaer for all equipment,,medals, and isms Punished in pandiftermance of this agreement, fire and clear of any and all liens, restrictions, reservations, recunry interest mcumb give. and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to career nonconforming or defective good by a date to be agreed uWn by the Purloiner and the Seller, and the Seller marauder indicates its inability or unwillingness to comply, the Purchaser may cause the work to be sniff mend by the nest expedilioa means mailable to it and the Sell,, shall Pay all costs associated with such work. T he Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any mature reaching tram the perfomunce ofsnch work. This release shall apply over in the eren of fault of negligence of the pre, mlmsod and shall extend a the diracmrs, oRcers and employees of such patty. "a Seller, wnrmctuW obligmiuns, including wamanly, xhall not be deemed or be aneeed, in any way, because such work is performed or mused an be performed by the Purchaser. 14. PAT ENTS. Whenever the Seller is required to use any design, device, material or pros covered by later, plant, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims f infringement by reason of the me of such patented design, device, mmerial or process in connection with the contract, and shall indemnify the Purchaer far any cost, expense or damage which it may be obliged to pay by reaon of such infringement at any time during the prosecution or ester the completion of the work. In case said equipment, or any poll thereof or 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, 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 noninfriati ng equipment, or modify it as it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became modern, or ba.aupr, make on as_signmem for the benefit of credirms, appoint a receiver Or .,,a for any of the Sellers property Or business, this order may foMwith Lou canceled by the Purchaer with., liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the nghts of all parties terminate, shall be cotutmed trader and govemed by the laws ofthe Sue of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work promoter, including thesessoes l'Seller Reproxameiva(s), on the prtmisn of others. 19. SELLERS RESPONSIBILITY. The Seller shall earry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or natends before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, Wilson materials and equipment are famished by others for installation or erection by the Selleq the Seller shall receive, unload, store and handle same at the site and became responsible therefor to though such ma um s and/or equipment were being fumishcd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide far the Payment of workers compensation. inclWing mecupuiorul disease benefits, to its employees employed on or in connection with the work covered by this purchase order, ampor to their dependen , in recondition with the laws of the sure in which the work is to be done. no Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300OW for any one person 8500,000 Ibr any one accident and progeny damage limit per accident of $400,000. The Seller shall likewise require his omosemn, if any, to provide foe such compemarion red! amount Before any of the Sellers or his contractors employees shall do any work upon the ptemun of others, the Seller shall famish the Pumhuer with a ¢nificate but such comperszuon and inamence have hem provided. Such continuum shall specify the date when such ompensaiar and insurance have them Counting. Such certificates shot specify the doe when such compensation and insurance expires. no Seller ogees that such comeamation and insurance shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind Or nature whommever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase maker or in connection herewith. The Seller will indemnify and hold Iaemless the Purchaser and any or all of the Purchasers oRfic Fir. agents and employees from and against any and all claims, losses, damage, changes or expenses, whether direct Or mdirect, and whether. persons, properly a which the Purchaser may be put or subject by rexwn of my act, action, neglect, omission or default on the Tart of be Seller, any of his contractors or any of the Sellers or connmcton omiccrs, agents or employees. In now any suit or other proceedings shall be brought against the Purchaser, or its Officers, agents or employers at any time on account Or by reason Of any at, action, neglecr, omission or default of the Seller of any of his contmactnrs or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereaf and to defend the same at Sellers own expense, to pay any and all costs, changes, attorneys fees and other expenses, any and all judpmms that may be incurred by or obtained actual, the Purchaer, m any of its or their cheers, agents or employees in such suits or other proceedings, and f case judgment or other lien be, pmced upon or obtained against the property ofthe Purchaser, or said panics in or a a repair of s,h suit, or other pmcccdings, the Seller will at once cause the same,. be dissolved and diachaged by giving bond or oferwix. The Seller and his contractors shall take all safety precautions, famish and install all gaad necessary fw the prevention of widen, comply with all laws and regulations with regard to safety including, bur without lamination, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant rberem. Revised 0712014