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HomeMy WebLinkAbout103096 DIAMOND VOGEL PAINT CENTER - PURCHASE ORDER - 3215202PURCHASE ORDER PO Number Page City of PURCHASE 3215202 + of s This number must appear] Collins �7 on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 103096 Ship To: WATER UTILITIES DIAMOND VOGEL PAINT CENTER CITY OF FORT COLLINS PO BOX 16388 700 WOOD ST DENVER CO 80216-0388 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price 2015 Blanket Order 1 LOT LS 4,000.00 Paint 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. 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 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Crmificate of Registry 84-6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starnes 1928, Chapter 39-26, 114 (a). Goods Rejected. GOODS REHMD due to failure m meet specification, either when shipped or due to defects of damage in transit, may be rammed to you for credit end are rim to be replaced except upon receipt of wnnen instructions from the City of Fen Collins. Inspection. GOODS are subject o the City of Fort Collins inspection on arned, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in morainal payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments muss be F.O.B. Ciry Of Fan Collins, 9W Wood Sr.. Fort Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the on,ina[ freight bill most accompany invoice. Additional charges for poking will Out be accepted. Shipment Distance. Where manufacturers have diavrbuting points in various parts of the country, shipment is expected fmm the nearer disribution point to destination, and excess freight will be deducted from Invoice when shipments are made man grower distance. Permits. Seller shall procure ar sellers sole cost all necessary permits, cenifcates and licenses required by all applicable laws, regulations, ordinances and rules of me state, municipality, mrriwry or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of vendor Seller fuller agrees to hold the City of Fen Collins; handess from and against all liability and loss etarred by them by reason of an assened or esmblishal violation of any sorb laws, regulations, ordinances, rules nd requirement Authoortion. All ponies 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 terns and conditions stated herein set font and any supplemauary or additional terms and conditions annexed herew or incorporated herein by reference. Any additional or i iRamnerms 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 move on your promised delivery date as noted. Time is of the essence. Delivery and performence must be effected within the time cued on the purchase order and the documents couched hereto. No acts of the Purchasers including, without limitation, acceptance of partial 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 «salt of delays due to causes not reasonably foreseeable which are beyond is reasonable control and common its fault of negligence, such sets of God, tons of civil Or military authorities, governmental priorities, foes, strikes, flood, epidemics, wars or hots provided that nonce of the conditions causing 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 any such delay, the date of delivery shall be extended for the period equal to the time actually Ion by reason of the delay. B. WARRANTY. The Seller wara rat that all goods, articles, materials and work covered by this 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 one and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which no Purchaser may suffer or incur on account of the Sellers breach of waranry. The Seller shall replace, repair or make good, whom om cost to the purchaser, coy defects or faults arising within one (1) year or within such longer paod of time as may be prescribed by law or by the terms of any applicable wamny provided by the Sella after the date of acceptance of the goods famished hereunder bruenpanco not to be uaressembly delayed), resulting from imperfect or defective work done or mateni s furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any clam under this wamam,. Except n 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 guarantees, but such liability shall in no event include loss of pro0m or lass 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 wrmar change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawing, by verbd o m change order. If any such change afficen the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, mrawnwe this agreement as to any or all portsof the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shop not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor Of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. y. CLAIMS FOR ADRSTMENr, Any claim for adjustment most be assured within thirty (too) days from the date the change or nomination is ordered 8. COMPLIANCE WITH LAW. The Seller warrant that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and typhoons to which the goods are subject. The Seller shall execute and deliver such chum¢ m, as may be, required to effect or evidence compliance. All laws and regulations required to be ncoryorwal in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or ounce, this order, or any monies due or to become due hereunder without the ,nor wrinen consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist upon srct promear art of the terms and conditions herwf, failure or delay w y rights or remedies provided herein or by law, failure to promptly only, the the Seller in the of a breach, my weepunce of or payment for goods hereunder or approval offie design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a ..year of any right of the Purchaser to insist upon strict performance herco£or any of its rights or remedies as many such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rew,une that in actual economic practice, warhages resulting from rummust violations we in fact home by the Purchaser. Theretofore, for goad cause and as consideration for executing this purchase order, the Sella hereby excip s to the Purchaser my and all clowns it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser Forswear to this purchase order. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If dre Pachuer eirmor the Seller to correct nonconforming or defective goods by a doe so be agreed upon by me Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and she Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and is contractors of wry net fmm all liability and clams of any nature esultng fmm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend w the directors, officers end employees of such perry. The Seller's contractual obligations, including warrant', shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever me Seller is required to ase any design, device, material or process covered by letter, pwent trademark or copyright the Seller shall indemnify and save hamtless the Purchaser from any and all clawass for infringement by reason of the use of such patented design, device, material or process in commotion will the comract and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after 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 infringement and the use of said equipment or pan is mjolnerk she Seller shall, at is own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noainffinvng quipment or madi fy it w o becomes twninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of term used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by me laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreacntative(e), on the premises comers ❑. SELLERS RESPONSIBILITY. The Seller shall carry on and work in Sellers own nsk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work andbr materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchrom, What mamnals and equipment are famished by others for installation or erection by the Seller, the Seller shop receive, unload, some and handle same u the ,to and become mi,ounble therefor as though such manuals and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, w its employees employed on or in connection with the work covered by this purchase order. md1w w their dependents in accordance with rate laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited to, contractual and automobile public liability insurance with bodily injury and dem, limits of at least $300,00) for my one txrsoo, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors. Harry, to pmwde for such compensation and mswance. Before any Of due Sellers or his caharaaors employees shall do wry work upon the premises of others, the Seller shall fumish the Purchaser witha cemfimie that such compensation and insurance have beau provided. Such certifiotes shall specify the date wfien such compensation and insurance have been provided. Such catficates shall specify the date when such compensation and insurance expires. The Seller agrees thin such compensation and insmance shal l be maintained until after the curio, work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or woure whosoever to persons or proton caused by or reading fmm the execution of the work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on me pan of the Seller, any of his contractors, or any of the Sellers or contracwrs officers, agents or employees. In case any suit or other ,nomination shill be brought agaiml the Purchaser, or is Officers, agents or employees 9 any time on mount or by reason of any act action, neglect, omission or default of the Sella of any of his contactors or any of its or their officers, agents or employees as aforesaid. the Sella hereby appear to assume the defense thereof and an defend the same at the Sellers own expense, to pay any and all cons, charges, worteys Leos and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lion he 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 bond or otherwise. The Seller and his contractors shall take all salary precautions, famish artd install all guards necessary for the prevention of accidents, comply with all laws and «gdations with regard to safety including, but without limitation, the Occupationd Safety and Health Act of 1970 and all ml. and m unti ins, issued pursuant therew. Revised O7I2014