HomeMy WebLinkAbout515554 GREEN SHEEN - PURCHASE ORDER - 9145589PO
PURCHASE ORDER 914558er Page
CI�f of PURCHASE
45589 t of z
Flirt Collins( This number must appear
�-\V`I ` V on all invoices, packing
sli s and labels.
Date: 09/25/2014
Vendor: 515554
GREEN SHEEN
31 E PANAMA DR, UNIT 1
CENTENNIAL CO 80121
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 09/25/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 9/6/2014 HHW RECYCLE
LAKE ST/COLLEGE AVE
`5Xil��y
PER INVOICE DATED 9/22/14 FOR PAINT RECYCLING PICKUP AT CITY HHW
EVENT HOSTED 9/6/14 AT NW CORNER OF LAKE & COLLEGE (CSU PARKING LOT).
25,168 LBS COLLECTED @ $0.30/1-B = $7,550.40
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
7,550.40
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
1. COMMERCIALDETAIIS.
To, exemptions. BY smut, the City of Fun Collin is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
9"502. Federal Excise Tax Exemption Cerlfic re of Registry 84-6000587 is registered with the Collector. of
Failure of the Purchaseno insist upon sand perf atxc of the tents and conditions hereof, billion, or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973. Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a
breach, the acceptable ofor payment for Goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet specifics icu, either when shipped or doe to defects of
any of the warranties or obligations of this purchas, order and shall not Its, deemed a waiver of any fight of the
damage in transit, may be removed to yra far credit and are nuI m be replaced except upon receipt of semen
purehaur to insist upon send performance hereof or any of its rights or bundlers ma to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
otal modi reunion or rescission of this pnrchau order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Pun Collins inspection oa arri
hereof:
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
I2.ASSIGNMEN'IOF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Tom Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual tt is practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations ore in fact theme by the Purchaser. Theretofore, forr good 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
Freight Terms. Shipments most be F O.D., City of Fort Collins, 700 Wood M., Fort Collins, CO 80522, unless
acquired under federal or state an1iNk m laws for such overcharges relating m the particular goods or servicas
efMnviu specified on this order. Upermission is given to prepay freight and charge separately, the anginal freight
purchased or acquired by the Puchmer pursuant to this purehau order.
bill must accomwny invoice. Additional charges for packing will not be awepted.
Shipment D¢mnce. Where manufacturers have disnlbuting points in various parts of $e country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments are made from greater dramatic.
Trunks. Seller shall procure at sellers sole w.I all addeary permits, nrtifneam, and licenses required by all
applicable laws, regulations, ordinances and ruld, of arc state munlelpala , mrimry or nclinical subdivision where
the work is performed, or required by any other duly constituted public authority havingjurisduarn over the work
of vendor. Seller fuller agrees to hold the City of Tom Collins harmless from and against all liability and two
ed by them by reason of an asrted or established violation of any such laws, regulations, ordinances, roles
incurred serequirements.
Amhodeution. All parties ro Nis contact some that the representatives are, in fan, bow fide and possess fall and
complete authority a hood said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condiboge stated
herein set Roth and any supplementary or additional tams and condition ammxed heaven or incorporated herein by
re oarre. Any additional or different mums and candidate proposed by seller me objected m and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedimely 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 be the purchuse .,it,, and the documents attached harem. No acts of the Purchasers including, without
limitmion, acceptance dpartial late deliveries, shall operate as a waiver of this 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, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence,
such acts of God, sets of civil or military authorities, govemmenul priorities, fires, strikes, Dotal, epidemics, was or
riots provided tat notice of the conditions causing such delay is given to the Pumbaser within five (5) days of the
time when the Seller f t received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal lr the time actually lost by bacon offs, delay.
3. WARRANTY.
The Seller warrants dust all goods, articles, materials and work covered by Nis order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of w'mmnty. The Seller shall replace, repair or make
goad, without cost 10 the purchase, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the mutts army applicable warranty provided by the Seller after the date of
acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials f mished by the Seller. Acceptance or use of goods by the Prowled shall rim
constitute a waiver of any claim under this vani Except as otherwise provided in this purchase order, the Sellers
habit iry hdeunder shall extend 10 all damages proximately caokud by the breach of any of the foregoing wauani ies
or gourmand, but such liability shall in no event include loss of prifirs or loss of ase. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES fed LEGAL TERMS.
For Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the corms, other than legal terms, including additions to or deletions from
me ,Manias originally ordered in the specifications or drawings, by verbal or written change aide. If any such
change affects the amonot due or the time of,erfmance hereunder, an equitable adjusbnent shall be made.
6. TERMINATIONS.
The Purchaser may art any time by written change used, terminate this agreanem as m any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided shot the forchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion office good labor wed, for incidental or consequential damages, red that no such adjustment be made in
favor bribe Seller with respttno any goods which am the Sellers standard slmk. No such temuwtion shall relieve
the Pumhaser we Seller crony of their obligations as to any good delivered hcteuMer.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment all be asserted within thirty (30) days fears the dam the change or marium on is
nodded.
8. COMPLIANCE WITH LAW.
The Seller wa.,, Nat all goods sold hereunder, shall have been produced, sold, delivered and famished in sawl
compliance with all vp,Ii,.bl, laws and regulations to which the goads are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regnlaliau required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the purchaser harmless from all cosy and damages suffered by the Purchaser as a result of the
Sellers failure in comply with such law.
9. ASSIGNMENT.
Neither party shall assign, number, or convey, this order, at any monies due or to become due hereunder without the
poor written cogeent order other any.
Ill. TITLE.
The Seller examines fill, clear and umesnicted title to the Purchaser for all equipment, materials, and items famished
in performance of Nis agreement, free and dear of any and all lieu, restrictions, reunaatio a, scemiry imddt
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If he purchaser, directs the Seller m correct nonconforming we defective goods by a Jove m he agrend upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may auu the work to be performed by the most expeditious means available to it, end the Seller shall pay all
casks associated with such work.
The Seller shall release the Purchaser and its donations, aelurs of any tier from all liability and claims of any nature
resulting from the performance ofmch work.
This release shall apply even in the event of fault of negligence of the party released and dull extend to the
directors, officers and employees of such party.
The Seller's exmmaual obligations, including warranty, shall rot be deemed to be reduced, in any way, because
such work is performed or caused m be embefined by the Purchaser.
14. PATENTS.
Whenever the Seller is requird to use any design, device, material orprocess covered by lane, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, marial or process in connection with the contmd, and
shall indemnify the Producer for any cost, expense or damage which it may be obliged to pay by reason of such
infringement err any are during the prosecution or after the completion ofmhe work. In case said equipment, or
any pan themof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or par is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right In continue using said equipment or pans, replace the same with substantially equal but
noninflonging equipment, or modify it ao it becomes noninfringing.
15. INSOLVENCY.
If the Seiler shall become insolvent or bankrupt, make an assigned. for the benefir of creditors, appoint a
or
.me for any of the Sellers property or business, this order may forthwith be cannhed by the
wi purchaser thout liability.
16. GOVERNING LAW.
The definitions ofr. . used or the interpreuton of the agreement and the rights of all panic hereunder shall be
trimmed under and governed by the laws afthe Star of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repersenurive(s), on the premises brothers.
12. SELLERS RESPONSIBILITY.
The Seiler shall deny, oa said work a1 Seller's own risk until the same is fully completed and accepted, end shall,
runs,in of any accident, destruction or injury to the work rubber materials before Sellers final completion end
acceptance, complete the work at Sellers awn expense and m the satisfaction of the Purchaser. When materials
and equipment me, famished by others for installation or erection by the Seller, fie Seller shall receive, unload,
store and handle same at the site and become impossible therefor as though such material maker equipment
were being furnished by the Seller under the order.
18. INSURANCE..
The Seller shall, at has own expense, provide for the payment oftworkmn, compessnion, including occupational
disease benefits, to is employees employed on or in connection with the work covered by this purchase order,
and/or to their dependms in accordance with the laws of the sure in which the work is to be done. The Seller
shall alm carry comprehensive general liability including, but not limited m, contractual and automobile public
liability insurance with bodily injury and death limits of in least $300,000 for any one person, 5500,000 to, any
one occident and property damage limit per accident of $400,000. The Seller shall likewise require his
untractors, array, to provide for such compensation and it e. Before any of the Sellers or his contmcmn
employees shall do any work upon the prem s of others, theSeller shall fiunish the Purchaser with a central,
that such compensationand insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be amounted until after for
entire work is completed and ordered.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby ass esNe entire responsibility all liability fr, any and all damage, loss or injury a to, kind
or wmm whasrever 1r persoge or propmy canted by or resulting from the execution of the work provided for in
this purcham order or in connection herewith. The Seller will indemnify and held harmless the Purchaser and any
r ell of the Purchasers officers, agents and employes from rod against any and all claims, lossn, damages,
charges or expenses, whether direct or indirect and whether to present, or property to which the Purchaser may
he put or subject by reason of any act, action, angled, omission or default on the For of the Seller, any of his
untractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its ofirds, agents or employers an any time on account or
by reason of any mt action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, anameys fees and other expenses,
any and all judgments that may be mended by or obtained against the Purchsser or any of its or their officers,
agents or employers in such suits or other proceedings, and in cam judgment or other [am be placed upon or
obtained against Ne property ergo, Forehead, or said panties is or as a result of such suits or order, proceedings,
the Seller will a1 once auu the same to be dissolved all discharged by giving boll or otherwise. The Seller and
his comments shall take all safety percentage, fumuh and isstall all guard mardeary for the prevention of
accidents, comply with all laws and regulations with regard in safety including, but without limitanion, the
Occupational Safety and Health Ad of 1970 and all rules and regulations island program thereto.
Revised DM14