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HomeMy WebLinkAbout447630 SOUTHWESTERN PAINTING & DECORATING - PURCHASE ORDER - 9144332Fort Collins PURCHASE ORDER PO Number Page 9144332 1of2 This number must appear onall invoices, packing sli s and labels. Date: 07/30/2014 Vendor: 447630 Ship To: OPERATIONS SERVICES SOUTHWESTERN PAINTING & DECORATING CITY OF FORT COLLINS PO BOX 1400 300 Laporte Avenue BRIGHTON CO 80601 Building B FORT COLLINS CO 80521 Delivery Date: 07/2912014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered uOM Unit Price Extended Price Waterworks Building 1 LOT LS 5,400.00 Exterior and interior painting Scrape, sand, prime and paint. Interior washroom, exterior of house including windows inside of storms. - $4,300.00 Interior washroom - $418.00 Exterior residence - $ 3,162.00 Exterior windows inside storms - $720.00 Paint Cupola on building. - $1,100.00 "' Lead removal as per protocal " Contact: Mel Winden ph# 970-566-7045 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 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 I. COMMERCIALDEPA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Numbs u 98-04502. Federal Excise Tax Exemption Umificam of Registry 84 6000587 is registered with be Collector of Interavl Revenue, Denver, Colorado (Ref. Colorado Revised Stamens 1973, Chapter 39-26. 114 (j. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to delete, of damage in transit may be returned to you fur credo and are not to be repined except upon receipt of wall instmaions fmm be City of Fan Collins. Impaction. GOODS are subject to be City of Fos Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, acre al or uipment in response to Nis order can result in authorized payment on be part of the City of Tom Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable nyuircl inspection procedures. Freight T'crms. Shipment, must be FOB,, City of Port Collins, 900 Wood St., Ion Collins, CO 80522, unless otherwise apecilied on this order Upermit,am is given b prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be mcepted. Shipment Distance. Where manufacturers have disfbuting points in various pas Of the country, shipment is expected form the narest distribution point to destination, and excess bright will be deducted from Invoice when shipments am made from .an distance_ Permits. Seller shall procure at sellers sole cast all necessary Fannie, ttnificmrs and littosa required by all appheable laws, regulations, ordinances and ales of be serve, municipality, territory or Political subdivision where the work is Performed, or required by any other duly constituted public authority having junsdiction over the work of vrndar. Seller further agrees to hold be City of Fort Collins harmless farm end against all liability and lass incurred by than by reason of m asserted or established violation of my such laws, regulations, ordinances, ales and ammo meats. Authorization. All pales to this a.. agree fat fie representatives are, in on. born fide and possess full and complete mdamiry to hied said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the It— and coalitions stated herein set forth and any mpplemenery or additioal moms and conditions mowed hereto or maim o umd herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby jaded. 2. DELIVHRY. PLEASE ADVISE PURCHASING AGENTimmNiately ifyou cannot make complae shipment to arrive on your promised delivery dale as acted. Time is of the essence. Delivery and pally nnow must be, abated within the time stated on the pnrchwe order and the documents attached here.. No acts Of the Purchasers including, without limitation, acceptance of partiOl late deliveries, shall operate as a waiver ofthis 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 damages. However, be Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable carrot and without its fault of negligence, inch acts of God, acts of civil or miliary suffismirs, goveamenml pdodlies, fires, strikes, nand, epidemics, wars or hors provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the new when the Seller first raeived knowledge ferevf. In the event army such delay, the date of delivery shall be extended for be peiN egml Io the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mmerials and work covered by this mda will yoof.. with a,liable drawings, specifiatimm, samples ounce other descnpdons given, will be fit for be purposes amended, and performed with be highest degree of are and competence in accordance with accepted standards for work of a similar mature. The Seller agrees to hold be purchaser harmless Oman my loss, damage or expense which be Purchaser ray surter or incur on account of the Sellers breach of wm ty, The Seller shall replace, repair or make good, without cost to be purchaser, any defects or faults raising within one (1) year or within such longer period of time as may be presented by law Or by the terms of any applicable warranty provided by be Sella after be date of acceptance of the goods famished hereunder (acceptmce not to be unreasonably delayed), resulting fmm impart t or defective work done or materials famished by the Seller, Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, fe Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, bur such liability shall in no event include loss of profits 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 In legal maw by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to fie temas, ofa flow legal tams, including addition to or delutlons fmm the quamiries originally ordered in fie specifications or drawings, by vent 1 or written change order If any such change artects the amount due or the time of perfoaance hereunder, an equitable adjustment shall by body. 6. TERMINATIONS. The Purchaser may ar any time by women change omen terminate this agreement as to any or all portions of be good then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in Flagons provided Char the Purchaser shall war be liable for any claims far anticipated Profits on be uncompleted portion of be good torpor work, for incidmlal of c sIontul damages, ant that r s such ohle tmmt be made in favor of the Sella with aspect to any goads which a the Sellers standard stock. No such termination shall relieve the Purchaser or be Seller of any aftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted wihin thirty (30) days Form the die the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all good sold heremder shall have been produced, sold, delivered and famished in .turner compliance with all applicable laws and regulations to which the gaud are subject. The Seller shall execute and deliver such documents w may be required to effect or evidence compliance. All laws and regulations required to be ncoryommd in agreements of this character are hereby imemarmamd herein by this reference. The Sella agrees to indemnity and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a mutt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Pay shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the poor werimen consent of be other parry. 10, TITLE. The Sella wamats full, clear and umameredtitle m be Purchaser for all equipment, materials, and items finumbed in performance of bis agaemem. fix road clam of any and dl 1ias. ma tnnums. muc n nima, s wariry moral enctunbranca and claims of ofers. It. NONWAIVER. Failure of be Purchaser to insist upon strict performance of the team and conditions hereof, failure or delay to exervise an y rights or remedies provided herein or by law, failure inFaultily notify the Sella in the event of a br each, be accepurace ofor Wymat for goods hereunder or approval ofthe design, shall tut release be Sella of any of the wardnties or Obligations of this purchau order and shall not be droned a waiver of my right of be purchrer to insist upon strict Performance hermfor any of its rights or remedies as to any such goad, regardless of when shiprrall received or aceepted, as to any Our or subsequent def rill hereunder. nor shall any pmportcd oil modification or rescission of this purchase order by be Purchaser climate ns a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser resci ice that in actual a is practict, o ncMrgw resulting tam aminest e violations are in fact home by the Purchaser. Thenfrm,nfagood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fccal or state antitrust laws for such overcharges relating to the particular good or services purchased or acquinni by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If be Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreal upon by be Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by be mast expeditious means available to it and the Sella shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting farm the performance of such work. This release shall apply even in the event of fault of vegllgace of the party released and shall extent to be bat cars. officers and employees of such pay. The Stiles amaaml obligations, including warmntte, shall not be deemed to h lawyers, in any way, because such soak is performed or amed to be pinformal bybe Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or Process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, 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 time during the prosecution or after be 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 infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and m its option, either procure for the Purchaser the right to continue using said equipment or Pas, replace the same with substantially equal but noninfringing equipment or modify it sat it becomes nocinfroming. 15. INSOLVENCY. If be Sella shall become insolvent or bmfmpt make an assignment for the benefit of credimrs, monitor, a receives or trustee for any of be Sellers property or business, this order may forthwith be canceled by be Functional without liability. 16. GOVERNING LAW. The definitions of more, cord or the interpretation of be agreement and the lights ofall pales haeuMer shall be candowd under and governed by be lams ofdre State of Colorado, USA. The following Additional Conditions apply only an cosw where be Sella is on oaf fin work hereunder, including the sm'ica of Shcers Repreunativ (s), on Ne premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk wtil the same is fully completed and Ottertail and shall, in se of any accident destruction or injury in the work andtor materials before Sellers Ford completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for nasturtium or erection by the Seller, the Srllm shall receive, unlaced, store and handle same at the site and became responsible therefor as though such materials andtar equipment were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for be payment of worA<rs compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, candor to their dependents in accordance with the laws of the stain in which the work is to be done. The Sella shall also carry comprehensive general liability incuding, but not limited to, comet etml and automobile public liability insurance with badily injury and death limits of err learn 5300,000 for any one perwa s5t¢tnoll for any are sundem and property damage limit per accident of S400,000. The Seller shall likewise require his if my, to provide far such cona,ma m ant insuratree. Before any of the Sellers or his contractors employees shall do my work upon be premises of ofers, be Sella shall famish Ile, Purchawr with a cenifiate that such compensation and insurance have been provided Such cenifcates shall specify the dam when such compensation and ib urence have been provided. Such arotiatex shall specify the dam when such compensation and innovative expires. The, Sella agrees that such compensation and insurance shall be, mainaimd and after fie more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby as es the atim raponsibility and liability for my and all damage, loss Or injury of any kind or nature whatsoever to persons at property cased by or resulting fmm be execution of be work provided for in not Purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of be Purchasers officer, agents and employees from and against any and all claims, losses,m daages, charges or expenses, whether direct or indirect, and whether to persons or pmpmy to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any This contractors, or any of the Sellers or connotations officers, agents or employees. In case any suit or Ober proceedings shall be brought against the Purchwa r, Or its officers, agaits or employees ut any lime on account or by reason of any Oct. action, neglect, omission or default of the Sella of any of his comments or any Of its or their officers, agents ar employees as eforesnid, the Sella hereby agrees to assume the defense thereof ant to defend the same at the Sellers own expense,1. Pay my and all costs, charges, uttomeys fees and other expenus, any and all judgmats shot may b, mired by or chimed against the Purchaser or any of its or heir officers, agents or employees in such suits or other proceedings, and in cam judgment or other lien be placed upon or obtained against the pmpmy Of thc Purchaser, or said parties in or as a result critics suits or other proceedings, the Sella will at once auu be same m be disaoh d Rd discharged by giving bdM or athem u. The Seller and his contractors shall take all safety, Pmeautions, bullish and imtall all Forma necessary for be prevention of accidents, comply with all laws and regulations with tegurd in safety including• but without limitation, be Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuit therao. Revised 07Q014