HomeMy WebLinkAbout540306 MANY COLORS PAINTING INC - PURCHASE ORDER - 9144313City of
Fit Collins
Date: 07/29/2014
Vendor: 540306
MANY COLORS PAINTING INC
117 VANDY LANE
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9144313 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: 07/29/2014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Lee Martinez Farm 1 LOT
Scrape, prime and paint bldgs.
ref. quote dated 6/23/14
per Nathan Fronczak
prep & paint exterior museum & work shed/ garage - $4,500
prep & paint exterior of barn & overhead bridge - $5,500
Containment of all lead surfaces and dust created,
to be treated as required by EPA
.apply 1 coat of primer to all paintable surfaces, sprayed and/or brushed
2 coats of finished (apply desired/ selected color)
discount - $1,000.00
Total project = $9,000.00
Contact: Monty Wagner
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
LS
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By sand, the City of Fan Collins is exempt from shooting] local taxes. Our Exemption Number is
98-04502. Federal Escau Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of
Interval Revenue, Denver, Colorado (Ref. C.1mada Revism Slarums 1973, Chapter 39-26, 114 ad
Goods Rejected. GOODS REJECTED due to flat. to mar specifntions. either what shipped or due or def cts of
damage in hobbit, maybe rearmed to you for credit end arc not to be replaced except upon raelpt of wdnen
instructions from the City sufficient Collins.
Impaction. GOODS are subject o the City ofFort Collins inspection on arrival.
Fbal Acceptance. Receipt of the me,handise, services or equipment in manonse to Nis order can result in
authorixeJ payment on Ne part of she City of Fort Collins. However, it is I. be uMerstood thal FINAL
ACCEPTANCE is dependent upon completion of old applicable required inspection procedures.
Freight Terms. Shipments mwt W F.D.B., City of Fon Collins. 900 Wood St Fort Collin, CO 80522, unless
otherwise modified on this order. If permission is given to prepay, freight and charge separately, the original freight
bill must accompany invoice. Additional charges for Puking will not be accepted.
Shipment Distance. Whore manifctu,rs have discounting Points in various par, of the country, shipment is
expected from the nearest distribution prim to destination, and excess freight will be deducted from Invoice when
shipments are made from greeter distance.
Pamirs. Seller shall practice, at sellers sole cost all accessary permits, cmhficates and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, temmry or political subdivision where
the work is perfumer, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller farther agrees to hold the City of Fort Collins harmless from and against all liability and lass
incurred by them by reason of ern asserted or established violation of any such laws, regulations, ordinances, If,
and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and
omplete authority 1. bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set faith and any snpplemanory ar additional terms and conditions annexed hereto or incorporated herein by
refrence. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order it the documents absence] hereto. No acts of the Purchasers including, without
limitation, acceptantt of partial late delivmes, shall operate in a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding Ne Seller liable for damages. However, the Sella shall not be liable for Damages as a resuh of delays
due to causes not rmmmbly foresaable which are beyond its reasonable control and without its fault ofnegligence,
such orbs of God, acts of civil or military authorities, gm'emmental pnomies, fires, strikes, ficed, epidemics, wars or
now provided that notice of the conditiom ausing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge Nere rl In the event of my such delay, the date of delivery shall be
extmdad for the period equal an the time actually lost by nelson afthe delay.
3. WARRANTY.
The Seller warrants than all goods, notches, materials and work covered by this order will conform with applicable
dawdngs, specifrmearis, samplas mdtor order descriptions given, will be fit f the purposes intended, and
performed with the highest degree of cart and competence in accordance with accepted standard for won of a
'milar mature. The Seller agree to hold the purchaser barmless from my loss, damage or expense which Ore
Purchaser may suffer or incur on avmr of the Sellers breach of wamnty. The Seller shall replace, repair or make
good, without cost an the purchoua any def is or faults arising within one (1) year or within such longer pawl of
time as may be prescribed by law in by the terms of my applicable smoggy provided by the Seller after the date of
uceprance of the good famished hereunder (acceptance not by be unreasonably delayed), reaulting from imperial
or def rive work done or ma,rinls furnished by the Seller. Acceptance or we of good by the Producer shall not
consti„ a waiver of any claim under this warranty. Es t as otherwise provided in this purchase order, the Sellers
liability hereunder shall exmnd m oil damages proximately round by the breach of any of the foregoing wanamies
or guoramas, bur such liability shall in no event include loss of pa fits ar 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 fames by warren change order.
5. CHANGES IN COMM FACIAL. TERMS.
The Purchaser may make any changes to the deems, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specincmi,a s or drawiays, by -dad or wniour change We, II'sny such
change offer. the amount due or the time of performance house nds, as equitable adjustment shall be made.
6. 1'ERMRJATIONS.
The Parch-cor may at any time by wnuen change order, terminate this agreement as to any or all portsof the
,bands then so not shipped, bjcm to any equitablern adjustment betwcthe ponies as to any work or materialsthrn an
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of Ne goods and/or work, for incidental or consequential damages, and that no such adjustment be mode in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any offlia, obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (30) days from the date the change m nmeination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in arm,
compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and
deliver such documents as may be required to effect Or evidrna compliance. All laws and regulations required to be
coryomted in ngrtemnens of this character arc hereby manufactured herein by this reference. The Seller agrees to
indemnify and Wit the Purchaser now]. from It costs and damages suffered by the purchaser n se result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry, shall assign o-amfer, or convey, this order, or any monies due or f become due htteunder without the
prior wnrten consent afthe other parry.
10. TITLE.
The Seller warrants full, clew and meandered title to the Purchaser for all equipment, mammals, and items famished
in parfiargance of this agreement, free and dew of any and all laens, restrictions, nnmations, security interest
encumbrances suit claims ratifications,
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions b—C failure or delay to
exacise any rights or remedies Provided herein or by law, failure to promptly notify the Seller in the went of a
breach, the acceprmce ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the wamntia or obligations of this purchase order ands sball not be deemed a waiver of any right of Ilse
purchaser to insist upon strict performance here sfor any of in rights or remedies as to any such goods, regardless
of when nhippeg, received or accepted, as to my prior or subsequent default Smuggler, nor shall any functional
oral modification or rescission of this purchase order by the Purehaur operate as a waiver of any of the harms
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaset recognize that in usual economic practice, overchargeses rulting from antitrust
m violations are in fact hoe by the Purchaser. Theretofore, far good cause and as conidemrim far executing Nis
pumhau order, the Sella hereby assigns to the Purchaser any anal all claims it may now have or hereafter
acquired under edeal or state anrtrust laws for such overcharges relating to the particular goods or services
purchased or account by the Purchase, pursuant of this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs flee Seller m cores nonconforming or defective good by a dare an be agreed upon by the
Purchaser and the Seller, and the Seller du reaRer indicates its inability or unwillingness an comply, the Purchastt
may cram the work to be performed by the most expeditious means available to it, and the Seller shall gay all
osia associated with such work.
The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature
esulring from the Eafommnce of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
do.,....1 icers and employees of such parry.
The Seller's contractual obligations, including wamnty, shall not be tamed to be reduced, in any way, because
such work is performed or aboard to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use nay design, Device, material or vracco, covered by lane,, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with she comma, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason ofsuch
infringement at any time During the prosecution or idler the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute Infingement 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 wing said equipment or pans, replace the same with substantially equal but
noniufnnging equipment, or modify it so it becomes coninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrvgh, make an economical for fie benefit of cnditon, appoint a
receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by rise
Purchaser without liability.
16. GOVERNING LAW.
The dcfnitimes ofte. used or the interyrnmim of the agmemcm and Ne rights of all pansies hereunder shall be
vocational under and governed by the laws of the Same of Colorado. USA.
The following Additional Condition apply only in cases where the Seller a to perform work hereunder,
including the services eff Sellers Reprtsenbativc(s), on the premises ref others.
12. SELLERS RESPONSIBILITY.
The Seller shall cart' on said work at Seller's awn risk until the same be fully completed and acceptrd, and shall.
in ase of my accident, destruction or injury to the work ,Nor materials before Sellers final completion and
acceptance, complete the work in Seller's own expealu and m the satisfaction of the Punctuates. When materials
and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, wloid,
store and handle same in the site and become responsible therefor as though such materials sulfur equipment
were being famished by the Sella under the order.
I8. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compawatlon, including occupational
disease benefitt, to its employees employed on or in connection with the work covered by this purchase order,
enNm to their dependents in accordance with the laws of the state in which the work is f be done. The Seller
shall also carry comprehensive general liability including, but not limited to, comments] and mtomabile public
liability imnrnnee with bodily injury and death limits Oran least k3W,ym for any one person, 5500,000 far any
e accident and properly damage limit per accident of $400,000. The Seller shall likewise require his
emarreass. if any, to provide for each compensation and insurance. Before any of the Sellers or his contractors
employees shall Jo any work upon the promises of others, the Seller shall [omish the Purchaser with a certificate
than such compensation and insurance hove been provided. Such certifcmes shall specify the date when such
compensation and insurance have been provided. Such certificates shall speify, the date wbm such compensation
and guaran me expires. The Seller agrees that such compensation and Insurance shall be maintained until anor the
entire work is completed and seepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind
or nature who er to persons or property caused by or resulting from the execution afthe work prmided for in
this purchase order or in c... cation herewith. The Seller will indemnify and hold baadess the Purchaser and any
or all of rise Purchauts officers, agents and employces (men and against my and all claims, losses, damages,
charges or expenses, whether direct or indirat, and whefer m pawn or property, ra which the Purchase entry
be Out or subject by reason of any .4 chore neglect, omission or default an the For of the Sella, any of his
contractors, or any of the Sella or comraaors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents m employees at any time on normal or
by reason of any.. action, neglect, omission in default of the Seller of my of his contractors or my of its or
their affairs, agents or employees w aforesaid, the Sella hereby agrees m assume the defense thereof and rat
defend the same, at the Sellers own existing, to Pay any and all anus, cherub, mtomeys fees aid other expenses,
any and all judgments that may be incurred by or obtained against the Purchase, or my of its or rhea officers,
.gems or enplayecs in such suits mother Prcenbngs, and in case judgment or other lam be placed upon or
Obtained against the property of the Purehaser. or said parties or or as a result of such soars or caner proceedings,
the Seller will at mitt eared the same to be dissolved aid discharged by giving bond or otherwise. The Seller and
his contractors shall bake all safety pecautimxc fttm¢h and u,ball all guard naessary fir the prevention of
accidents, comply with all laws and rt,]an.. with regard to worry including, but without limitation, the
Occupational Safety and Health Act of 1920 and all roles and regulations issued pursuant thercm.
Revised 07Q014