Loading...
HomeMy WebLinkAbout51554 GREEN SHEEN - PURCHASE ORDER - 9141471Fort Collins Date: 11/25/2014 Vendor: 515554 GREEN SHEEN 1281 W DARTMOUTH AVE ENGLEWOOD CO 80110 PURCHASE ORDER PO Number Page 9141471 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/25/2014 Buyer: ED BONNETTE Note: SUBCONTRACTOR FOR LATEX PAINT RECYCLING FOR THE CITY'S TWO ANNUAL HHW EVENTS. Line Description Quantity UOM Unit Price Extended Ordered Price 2 LATEX PAINT RECYCLING AT THE per requisition 48588 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 inSil�:r_li 595.50 $595.50 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 MMM71fr UMMITMM, I Brr� Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By nature the City of Fort Collins is exempt from state and local town. Our Exemption Number is 98-04502. Faecal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of I L NON WAIVER. Failure of the Purchaser to imist upon $met performance of the terms and conditions herof, failure or delay to Inu mal Revenue, Denver, Colorado (Ref Colorado Revised Stamtas 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a brawl, the acceptance of or payment for goods hereunder or approval ofthe design, shall trot release the Seller of Goods Rejemed. GOODS REIECfED due to failure to meet spenfirminces, chow when shipped or due to defects of any of Be warmntla or obligations of this purchmc order end mail not he deemed a waiver of any right of the damage in must, maybe mounted to you for coedit and are root to be replaced except upon receipt of wr son Purchaser to insist upon strict performance he "'I'm any of its rights or nemedia as to any such goods, regardless instructions from the Co, effort Collins. of wbm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Polemist am] modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms Inspection. GOODS are sm cat, to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can maul, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL Seller and the purchaser recognize that in acmal eeommlc practice. Ovemhmgn resulting f antitrust ACCEPTANCEis dependwaupnarompletion ofall applicablerequired irepetionprocedures. violations are in fact home by live purchaser. Thermofore, for good cause and as consideration for executing this purcham order, the Seller hereby assigm to the Purchaser any and all claims it may now have or hereafter Freight Temss. Shipments most be F.O.B., City of Fart Collins,'!00 Wood SL, Fort Collins, CO 80522, unless acquired under fWetal or state an,iarat laws for such ovemM1ages relating to the part goal or services otherwise specified on this milm if pemnewon u given in prepay freight and charge separately, the original freight purchaseA or required by the Purchaser pursuant to this ptuehase order. bill must accom xem, invoice. Additional chemes for packing will act be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the neatest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from gtwla distance. Permits. Seller shall bounce al sellers sole cost all necessary pemtits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cmatiuled public authority having jurisdiction over the work of vendor. Seller further ages to hold the Co, of Fort Collins harmless from and a,a. all liability and loss incurred by Wen by reason of an aasena or amlahshd violation of any such laws, regulations, ordinances, toles and requirements. Authorization. All pond to this contract agree that the repen cntntivn are, in fact, brain fide and possess full and complete authority to bind said Parties. LIMITATION OF TERMS. This purchase Oader expressly limits acceplaxe to she terns and conditions sorted herein sin forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions protected by sells, arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout carrot make complete shipment to arrive an your promised delivery date m noted. Time is oflhe essence. Delivery and Formation, most be eflurried within the time stated on the purchase Doer end the dommem, eaacbd hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delivmn, shall operate as a waiver ofthis provision. In the event army delay, the Purchase shall have, in addition to other legal and equitable manages, the opdan of placing this order elsewhere and holding the Seller liable fro damages. However, the Seller shall not be liable for damage as a result of delays due to causes not reasonably foreseeable which time beyond its reasonable control and without its fault of negligence, such nets of God, ucs of civil or military authorities, govemmental priorities, fires, strikes. flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchase, within Eve (5) days of the time when the Seller first received knowledge them[ In the event army such delay, the date of delivery shall be extended for the period equal to We time wholly lost by mason offs, delay. 3. WARRANTY. The Seller warrants that all goods, miclue, materials and work covered by this order will conform with applicable drawings, man ificnims, samples wall Other descriptions give, will be fit for the purposes intended, and perfomma wild We highest degree or rare and competence in accordance with acceptd woodlands for work of is similar mature. The Seller agrees to hold We purchaser harmless from any loss, damage or capers. which tic purchaser may suffer or incur on account of the Sellers breach of warranlac ty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he proscribed by law or by the temrs ofeoy applicable warranty provided by she Seller a0a the data of accepantt of the goods f shed hereunder (ecceptacce not to be unreasonably delayed), resulting from imperfect or defective work done or not mah fished by the Sella. Acceptance or use of goods by tM Purchaser shall mot samovars a waiver of troy claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gso m ass, but such liability shall in an, event include lass of prefirs 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 changn to legal teams by sermon change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any eludes to the from, outer Wan legal remu, including wrla oa s to or df-Six- from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change ofects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purshmer may at any time by wriven change Order, terminate this agreement as to any or all Portions of the goods then not shipper. subject to my equitable adjustment between We paiin as to any work or materials then in progress provided that the Purchaser shall not be liable for coy claims far anticipated profits On the uncompleta ,onion Of the goads and/or work, for incidental or concquential damages, and fat no such adjustment be made in favor of she Seller with respect o any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations m many good delivered lowermaker. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dale the change or termination is ordered. R COMPLIANCE WITH LA W. The Seller woman, that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods ore subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agr umnesm of this charmer ore hereby incorporated herein by this mfib.. The Sella agrees to indemnity and hold the Pmchma hvmless from all rusts oral damages sulQred by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, aomfir, or consey this miles, or any monies due or to became due hereunder without the prior written consent ifthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted tide to We Purchase, for all equipment, materials, and items famished in p,fic. of this agreement, fee and clear of my and 91 lies, resfcd—, rut Wass, security mama, encumbrances and claims ofothem. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purcheow directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller,bereafa indicates its aramiliry or unwillingness a comply, the Purchaser may came, the work to be performed by rate most expectations moms available to it, and do, Seller shall pay all cases associsled with such wort:. The Seller shall release the Purchaser and its contractors of any its from all liability and claims of any nature resulting from the performance fsuch work. This rel. shall apply even in the event of fault of ncgligrna of the party refused and ¢ball extend to the dieeemrs, officers end employees crouch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfomtd or caused to be parfotmd by the purchaser. IC PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, no Seller shall indemnify and save hmmless she purchaser from any and all claims for infnngemenl by reason of the use of such pmentd design, device, material or process in communion with the, cantrmn, and shall indemnify the purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or shear the completion of the work. In case, said equipment, at any pan thereof or the intended use of the 6aod, is in such suit held m constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at in own expense and at its option, either procure for the Purchaser the sight to continue using said equipment or parts, replace she same with substantially initial but undercutting equipment, or modify it so it becomes nonWfngin& S. INSOLVENCY. If the Seller shall become insolvent or baahmpu make an msignmen, her the benefit Of creditors, appoint a fixecover or trustee for any of the Sellers property or business, this order may fonhwidn be cancels by the ,embosser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall entries hereunder shall be construed under end governed by the laws offs, State ofC.Imado, USA. The following Addommil Conditions apply only Or where the Seller is or perform work hereunder, including the services of Sellers Reprexntative(s), on the premises creators. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work in Sellers own risk unfit the same is fully complmed and accepted, and shall, in case of any accident, deswcuon or injury to the work and/or bananas befrm Sellers feral completion and acceptance, complete fire work at Sellers own expense and to the astiefc tam of the Purchaser. Whm materials and equipment are famished by others for installation or amount by the Seller, the Seller shall receive, crucial, store and handle same tit the site and become rnpomible oerefo, as though such materials and/or equipment were being( held by the Sella order fse call I S. INSURANCE. The Seller shall, an his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with o, work covered by this purchase order, and/or to their dependents in accordance with me laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. bur no, limited to, comrocnned and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 55m,00o fro any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his cammcmrs, if any, to pmvide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises of albers, the Sella shall furnish the Ponchos, with a certificate chat such compensation red imumnce have been provides. Such urdfrma shall specify the date when such mpeasation and insurance hove been pmvida. Such ria ifiutes shall specHy the dale whew such compensation and insurance captive. The Sella agrees that such compensation and insurance shall be maintained unfit after the entire work is completed and accepool. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the retire napomibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or propmy caused by or resulting from the execution ofe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damage, charges or expenses, whether direct or indirect, and wherber to peasms or property to which the Purchases may W put or subject by reason or any act, action, neglect, omission or default on the pan of the Seller, any of his Ontractors, or any of the Sellers or comments officers, agents or employes. In rase any suit or other proceedings shall be brought against the Purchaser, or its of icens, agents or employers at any time on account or by reasm of my act, action, neglect, omission or default of lose Scllem of my of his castration or my of in or their officers, age. or employees as of said, the Seller hereby agrees to assume the defunse thereof and to defend the some at the Sellers own expense, to pay any end all costs, charges, momeys fees and other expenses, any and all judgments that may be incurred by or obtained strainer the Forcemeat or any of its or their ofce., agents or employees in such suits or other proceedings, and in case judgment or other lint be placed upon or manind e,a. We pmperry of the Purchaser, or said parties in or as is moult of such smrs or other proceedings, the Seller will or once came she same to be dissolved and discharge by giving bond or otherwise. The Seller and his contractors shot coke all safety prtcautiam, fiunish and hata11 all guard necasmy fro the prevention of accidents, comply with all laws and regulations with regard to safety mcludw& but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Revised O7n014