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HomeMy WebLinkAbout103481 COLORADO PAINT COMPANY - PURCHASE ORDER - 3214387 (2)Fort Collins Date: 07/24/2014 Vendor: 103481 COLORADO PAINT COMPANY 4747 HOLLY ST DENVER CO 80216-6409 PURCHASE ORDER PO Number Page 3214387 1012 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET 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 Extended Ordered Price 2 Pavement Marking Paint 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 Total 100,000.00 1 Pay terms net 30 days 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 COMMERCIALDETARS. Tax exemptions. Bystalme the City of Fort Collins is exempt fmm sure and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502. Fedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Fall.,, of the Purchases to insist upon strict performance of the tames 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 rem dies provided herein or by law, failure to promptly notify the Seller in the event Of a breach, the acceptance afar payment for gods hereunder or approval ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the damage in tr ik may be retumM to you for credit and art not so be replaced except upon receipt of wriae t pmchaer to insist upon strict performance Roarer any of its rights or remedies Or to any such goods, regardless instructions fmm the Ciry of Pon Collins. of when shipped, received or accepted, as to any prim or subsequent &fault hercuda, nor shall my purposed oral modification Or rescission of This pum� order by the Purchaser operate as, a waiver of my of the terms Inspection. GOODS art subject TO the City of Ford Collins inspection on artier], hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment On the pan of the City of Pon Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from ambient ACCEPTANCE is dependent upon completion Of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofom,nfor ogood cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purcham any and all claims it may now have or herea0er Freight Team Shipments must be F.O.D.. City of Pon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state mtitmit laws for such overcharges felating to the particular goods or services otherwise specified oa this order. Hibernation is given to prepay freight and charge saleability, the original freight purchawd or acquired by the Pumhaur pursuant to This parchru order. bill mull acmmwny invoice. Aditimml black. fin random, will not be accepted. Shipment Daemon. Who, mwufacmms have distributing points in van us parts of the country, shipment is expected from the nerrad destruction ,at m destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure err sellers sole cost all necessary permits, minficams and licenses required by all applicable laws, regulations, ordinances and Tales of the stare, municipality territory or political subdivision where the work is performed, or required by any other duly conducted public authority having jurisdiction over The work Of vector_ Seller further agrees to field the City of Fort Collins harmless from and against all liability and loss incurred by Them by reason of an wound or established violation of my such laws. regulations, ordinances, roles and r puimmenu. Auforization. All parties to this contract agree that The repersemarives are, in fact, bow fide and pauss full and complete mrhadry to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional leave and conditions annexed herem or incorporated herein by reference. Any additional or different tenor and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Tryout cannot make complete shipment to move on your proposed delivery dale as armed. Time at ofthe ccserm. Delivery and performance most be effected within The time sutd on The purchase order and The documents attached hereto. No acts of the Purchasers including, without limitation, acceptance unpinned late deliveries, shall operate as a waiver ofthis provision. In The event army delay, ,be Purchaser dfiI have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nor 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 ren ofGoi aces of civil or military authorities, governmental priorities, fires, sakes, Rood, epidemics, wars or riots provided that entice of The conditions causing such delay is given m the Purchaser wild. rive (5) days of the time when The Seller first received knowledge thereof. In the event of my such delay, The daze of delivery shall be exmdd for The anod equal m he lime actually last by earn irdie delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Order will canfonn with applicable drawings, specifications, samples pupae other descriptions given, will be fit for the purposes intended, and performed with The highest degree of care and competition in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaur hmmless from any loss, damage or expense which the Purchaer may sufferer incur on account of the Sellers breach of warbirety. The Sella shall replace, repair or make good, warm cos to the purchaun my defds or faults wising within one (1) year or within such longer period of time as may Ix presrnbed by law or by the it. of my applicable wanmry provided by The Sella after the due of acceptance of The goads fumishd hereunder (acceptance not to be unrcawmbly delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or tau of goods by fire Pumhaer shall we antler, a waiver of any claim under This warranty. Except as offnwis, provided in This purchase order, the Sellers liability hereunder shall extend m all dumages pwriimarely caused by the breach of any of be foregoing comps ies or guarantees, but such liability shall in net come include loss of profins or loss of taw. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal reran by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to The lames, other Than legal terms, including additions to or deletions from the quantities originally ordered in the specifcariom or drawings, by vexed or writtem change oNeL If any such change affects The amount due or the time of performance hereunder, on equitable adjustment steal I be made. 6. TERMINATIONS. The PureM1am may at any time by wrinrn change order, terenirame this agreement a to any or ell punimrs of me goods then not shipped. subject m any equitable reputation between the parties a to any work Or matcoaH Then in pmpess provided that The Pumhazer shall rut a liable for any claims for anticipated profits on the uncompletd ,onion ofthe good ad/or work, for meadeoml or unexceptional damages, and Out no such adjustment be made in favor of Ne Sella with appear to soy good which am me Seller standard stock. No such tamireation shall reline the Purchases or the Seller story, oftheir obligations as in my gods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must In awned within thirty (30) days from the 6 re the change or lamination is ordered. 8. COMPLIANCE WITH LAN. The Seller wmmu that all goads sold hereunder shall have been presented, said. delivered and happened in sacs complfnce wit all eppliable laws and Merlaions to which the gosh arc subjan. The Seller shall execute ad deliver such dacumen¢ as may he opened] m effect m evidence compliance. All laws and regulations "Trim] to be ncor ommul in agreements of fie charades tare hereby performed herein by This reference. The Seller agrees no indemnify and hold the Purchaser hmmless from all casts and damages suffered by the Purchaser as a result of the Sellers fail.,, no comply with such law. 9. ASSIGNMENT. Neither party shall assign, Immfm, or convey This order, or my monies due or to become due hereunder without The prior "can cogent of the offer party. 10. TITLE. The Seller warrants full, clear and uno sacted title to The Putcbaer for all equipment, materials, and items famished in performance of this agreemenr, fine and clear of my and all liens, resections, reservztiaa, ucurily inarest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nanmrdrmaing or defective goods by a der to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall releae fire Puahaur and its contactors of any per fmm all liability and claims of my mines resulting from the furthemmme of such wink. This releae shall apply corn in the runt of fault of negligence of The, party released and shall exted to the dommors, officers and employees of such party. The Seller's compound obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PAT'ENTS. Whenever the Seller is required to use any design, device, material or process covered by least, patent, trademark or copyright, The Seller shall indemnify and save Fairness the Purchaser from my and all claims for infringement by reason of The use of such premed design, device, material be process in connection with The mourn, and shall indemnify the Purehaue for any cast expense or damage which it may be obliged to Pay by reason of such infringement at my time during The prosecution or after The completion of The work. In new said aluipmmt, or any pan thereof or the intended usr of the goods, is in such suit held to complete infringement and The use of said equipment or pan is enjoined, fire 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 sine with substantially equal but noninfringing equipment, or modify it see it becomes cominfHnging. 15. INSOLVENCY. If The Seller shall become insolvent or bankmpt, make an swig nt for the benefit of crcdirors, appoint a Terceira or ..am for any of the Sellers property or businees. This order may f rd ith IN mnceled by the Pmchsser without liability. 16. GOVERNING LAW. The definifions winner used or the interpretation ofthe agreement and the rights wall panic, heremda shall be construed uOda and governed by the laws offe State of Cal en des, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services dSellers Reprcum Timm'), on the premises of others. 10. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and retained, and shall, in u of my redden, destruction or injury or The work pdlor materrads before Sellers final completion and acceptance. complete The work at Sellers Own expense and to the smisfniom of The Purchaser. When materials and equipment are furnished by others for installation or erection by The Seller, me Seller shall receive, unload, sure and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishM by The Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for le payment of workers con,saintration. including occupational drsrae benefits, to its employees employed on or in ..at n widu the work omeated by this pturc mina, adlor to lair depedmis is accordance with The laws of the state in which The work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contrremal and automobile Public liability insurance with 0.tlily injury and death limits of at lean SLW,WO for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise ramie his oametors, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been reported. Such c nifiertn shall specify The due when such compensation ad imprmme have been provided. Such cesificates shall specify the date what such compensation and insurance expires_ The Seller aortas that such compensation and microwave shall be complained until army The marine work is completed and coceped. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever To persons or property 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 harmless the Purchaser and any r all of he Purchasers officees, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirar, and whether to parsons or property to which the Purchaser may To put or subject by reawn of my act, action, neglect, omission or default on the pan of The Sella, my of his contrmmst, or any of The Sellers or contradors officers, agents or employees. In most any suit or whin, proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or by rcaw s of my act action, neglect, omission or default of The Sella of my of his coutbinors or any of its or their oDic us, agents or employees as aforesaid, The Seller hereby agrees To assume he defense hereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, momrys fees end other expenses, my and al I judgments that may be imearfed by or obtained against the Purchaser or any of its or Their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against The property settle Pwchaer, or said parties in or as a result of pch suits or ofer proceedings, the Sella will at once cause he same to be dissident ad discharged by giving bond or otherwise. Fire Seller and his contractors shall coke all safety preeautioa, famish and imull all guards necessary for The pmaentior of tomidame, comply Onto all fws and regulations with regard to safey includin, but withom limiuuoq The Occupatiorml Safety and Hwlh Act of 1970 and all roles ad regulations issued pursuant thereto. Revised 07n014