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HomeMy WebLinkAbout490347 M & E PAINTING - PURCHASE ORDER - 9151417City of �,.F�ort Collins Date: 03/06/2015 Vendor: 490347 M & E PAINTING 540 W 66TH ST UNIT B-1 LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9151417 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 03/06/2015 Buyer: DOUG CLAPP Note: ref. annual contract # 7560 Line Description Quantity UOM Unit Price Extended Ordered Price I Stain Restrooms/Shelters Spring Canyon Park ref. quote dated 2/4/15 per Kevin Voorhees Contact: Jill Wuertz ph# 970-416-2062 1 LOT LS Total 17,600.00 17,600.00 I Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 invoices @fcgov.com ;t_ t_' • r M st._ st Page 2 of 2 I. COMMERCIAL DETAILS. In exemptions. By stature the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, fai lure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starnes 1973, Chapter 39-26, 114 (a). exercise 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 of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due in failure to meet specifications, either when shipped or due to defects of any Of the warranties or obligations of this purchase order and shall not be dttmed a waiver of any right of the damage in transit, may be meamed to you for credit and are act to be replaced except upon receipt of written peer to insist upon strict performance hereof or my of its rights or remedies as to my 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 my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tems Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pm of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Pmcbaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Teams. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired coda federal or state antitrust laws for such Overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges fan packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the comity, shipment is If the Purchaser diretts the Sella in correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness an comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority 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 incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority On bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time salted on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of my delay, the Purchases 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 are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authonties, govemmental priorities, fires, strikes, flood, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the Mae when the Sella first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella wer ants 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 care and competence in accordance with accepted standards for work of a similar natme. The Sella agree to hold the purchaser harmless from my loss, damage or expense which the Purchasff 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 warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance Or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. 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 warranties or guarantees, but such liability shall in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABB-M 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 Purchase may make my changes to the teens, other than legal teens, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount rare or the time of performance heremda, an equitable adjustment shall be trade. 6. TERMINATIONS, The Purchaser may at my time by written change order, terminate this agreement as to 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 that the Purchaser shall not be liable for my claims for anticipated profits on the uncampleted 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 my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thirty (30) days from the daze the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute and deliver such documents ns may be required in effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure in 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 prior written consent of the other party. 10. TITLE. The Sella waamts full, clam and anrcatricted tide m the Purchasff far ell equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reguaations, security interest encumbrances and claims of others. The Seller shall release the Purchases and its contractors of my tiff from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella 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 from my 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 Purchase for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pm thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either pnoeme for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee fan any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be command under and governed by the 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 Representative(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury m the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials md'm equipment were being furnished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, an its employees employed an or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the some in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, commerical and automobile public liability insurance with bodily injury and death limits of at least $300,000 for my one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and 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 Sella agrees that such compensation and insurance shall be maintained until after the entire 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 nature whatsoever to persons or property caused by or resulting from the execution ofthe, work provided far in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or property to which the Purchasff may be put or subject by reason of my set, action, neglect, omission or default on the part of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my haze on account or by reason of my ad, action, neglect, omission or default of the Sella of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys 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 seine to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety promotions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard On safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010