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HomeMy WebLinkAbout414575 MAXIMUM PAINTING LLC - PURCHASE ORDER - 3215292PURCHASE ORDER PO Number Page City of PURCHASE 15292 ' of 2 ' `F6rt Collinsr n all invoices, pacst king ` V �7 on all invoices, packing �slips and labels. Date: 01/13/2015 Vendor: 414575 MAXIMUM PAINTING LLC 412 S HOWES, STE C FORT COLLINS CO 80521 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP 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 2015 Blanket Order Utilities 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.com 1 LOT LS Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 MU;FMY-= ml`3'r[3a1MDOT-I(iG7di Page 2 of,2 I. COMMERCIAL DErA1LS. Tax exemptions. By warum the City of Fon Collins is exempt from maze and local taxes. Our Exemption Number is 98-0a502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Revised Stamm, 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure or meet specifications, either when shipped or due to defects of damage in transit may be mounted to you for credit and are now to he replaced except upon receipt of writer instructions form the City of Fon Collins. Inspection. GOODS are subject to the City of Fon Collins inspenion on arrival. Final Acceptance, Receipt of the merchandise, services or equipment in response m this order tin result in authodud payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tenors. Shipments most be F.O.B., City of Fort Collins, 700 Waod St., Fort Collins. CO 80522. unless otherwise spaified on this order, If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will rut be accepted. Shipment Distance. Where manufacturers have clowbuting points in us pans 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 greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the some, mmicipaliry, territory or political subdivision where Me work is performed, or required by any other duly constituted public mosenry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss oared by them by reason of an msened or established violation of my such laws, regulations, ordinances, roles and requirements Accommation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or cooperated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly if you cannot make complete shipment to arrive an your promised delivery data as noted. Time is of the asxare. Delivery and performance must bat effected within the time stated an the purchase order and the documents attached hereon. No acts of the Purchasers including witbom limitation, acceptmm of pamal late deltwna, shall operate w a waver of this provision. N the event of any delay, Me Purenewr 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 as causes nor reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military outnumber, pwromenW Frontier, fires, stakes, food epidemics, riots provided that notice of the cmdtions awning such delay is given to the purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be mended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller waranm that all gels, articles, marenals and work covered by this order will mOfoam with applicable drawings, specifications, samples and/or other descripbans given, will be fit for the purynses intended, and performed with the highest degree of care and competence in accordmce wth accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warnmty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furbished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warrant', Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing waownex or guarantees, but 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the semis, other than legal terror, including additions to or deletions from Me quantoias cuinil ly ordered in Me specifications or drawings, by verbal or wnttm change nor, If any such change affects the amowt due or the were of performance hereunder, an equitable adjotment shall be made. 6. TERMINATIONS. The Purebrour may in my time by written change order, terminate this agreement as so any or all portions of the goods Mon not shipped, subject to my equitable adjustment betwxn the ponies as an my work or materials then in progress provided that the Purcbaser shall not be liable for any claims for am cipated pmfiw on the uncbmplerm ,.on of the goods andto, work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller verb mspect to my goods which are the Sellers standard stock. No such termination shall relieve Me Purchaser or the Seller of my of their Obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjournment must be assured within thirty (30) days from the doe the charge or terminadon is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold delivered and Furbished in stnet wmpllance with all applicable laws and regulations to which the grads are subject. The Seller shall ..are and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required 1. be ncoryorated in agreements of this character are hereby incorynmted herein by this reference. The Seller agrees 10 indemnify and bald the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor women a msent of the other parry. 10. TITLE. The Seller waments full, clear and unrestricted title to the Purchaser for all equipment, materials, and hems famished n perform of this agreement, free and clear of my and all liens, restrictions, reservations, security interest ancumbrmcn and claims brothers. 11. NONWMVER. Failure of the Purchaser to insist upon mrict remonstrance of the terms and conditions hmwf, failure or delay to rwrtram any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe deviant, shall not release the Serer of any of the wananlow or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insim upon shim performance hereof or any of its rights or remedies as so any such goods, regardless of when shipped. received or manned as 10 any prior or subsequent default hereo der, nor shill my purported oral modification or rescission of this purchase order by the Ptuchaser operate as a waiver of my of the terms turner. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchasr remgnis that in actual economic practice, overcharges resulting from antitrust violations are in fact bane by the Purchase, Theretofore for goad cauu and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired order federal or state mo[mst laws for such overcharges relating to the particular goads or services purchased or acquired by the Purchaser prom antto this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or anwilhnp ers 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 mwciemd with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulting tram the performance of such work. This release shall apply even in the event of fault of negligence of ton party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warmth, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENT'S. Whenever the Seller is rryulred to use my design, device, material or process covered by less, patent, trademark or copyright, the Seller shall indemnify and save Aamdess the Purchaser from my and all clai nor for infringement by reason of the use of such patenred design, device, material or process in connection with the contract, and shall indemnify the Probsear far my cost, expense or damage which it may be ebliged to pay by reason of such infringement at my dime during the proratimen or after the completion of the work. In ease said equipment, or my pan thereof or the intended use of the goods, is in such suit held to constitute inGngemm, and the use of said equipment or pan is enjoined the Seller shall, or its own expense and a1 its ,pant, either procure for the Purchaser the sight to continue using said equipment or pars, replace the same with substantially equal but moninfringing equipment, or modify it so it becomes noniNlia®ng. I S. INSOLVENCY, If the Seller shall biome insolvent or barknWt, make an anvpuarent for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Procurer without liability. 16. GOVERNING LAW. The definitions Of trams used or the interporrom n arrive agreement and the rights of all p me, hereunder shrill be consimed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cues where the Seller is to perform work hereunder, including the services of Sellers Repro entative(s), on the premises wothers. ❑. SELLERS RESPONSIBILfTY. The Seller shall carry on said work at Selleh own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work aid/or materials before Selleh fail completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When amends and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same ar the site and become responsible therefor as though such materials and/or equipment were being fumished by hue Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection wirh the work mvemd by this purchase order, will to their defendants in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability [ncluding, but not limited to, contractual and automobile public liability insurance with bodily injury and dead limits of at ]cost 5300,040 for any one person. S500.00o for any one accident and property damage limit per accident of UN.00o, The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any Of the Sellers or his commetors employees shall do my work upon the premises of others, the Seller shall fumish the Purchaer with a mmf cote that such comparisons and coumnce have beat provided. Such certifiesta shill specify the date whom such compempubw and insurance have been provided. Such catificata shell specify the done wAm such compmmdan and insurance expires. The Seller agrees M. such mmpansw o r and insurance shall be maintained writ, after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more resporsilwho, and liability for any cod all damag, loss or injury army kind r namre whatsoever to permns or property ausal by or resulting from the execution ardor work provided form this purchase order or in mtmmion herewith. The Seller will indemnify and hold harmless the Purchases, and my or ill of the Purchasers Officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirem and whether an persons or property to which the Purchaser may be put or subject by reason of my act, action, neglxt, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contramors officers, agents or employees. In use my suit or other proceedings shall be brought against he Prechter , or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or defardt of the Seller of my of his contractors or my of its or their olEcem, agents or employees as oforaaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, amomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contactors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but whom limitmion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursumt thereon. Revised 072O 14