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HomeMy WebLinkAbout541354 COATING SPECIALISTS LLC - PURCHASE ORDER - 9145048PO PURCHASE ORDER 914504er Page CI�/ of PURCHASE 9745048 1012 ' `t Collins lies This number must appear v ` on all invoices, packing sli s and labels. Date: 09/03/2014 Vendor: 541354 COATING SPECIALISTS LLC 6340 SAYRES RD COLORADO SPRINGS CO 80927 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 09/03/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price i City Bridge Program-KFCG 1 LOT LS 35,456.00 TimberlineBridge Waterproofing per agreement dated 9-2-2014 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 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from stare and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Certifies, of Registry M-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pen xonno ce of the temu and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref Colorado Riviard Snsttuer 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 branch, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due 10 failure to meet specifcmiore, either when shipped or due to defects of any of the warranties or abligaion, of this purchase order and shall ned be declared a waiver of any right of the damage to Vomit may be retumad to you for credit and art not to be replaced exceed upon receipt of wrium purchaser to insist upon strict perfomaance, hereof or any of its rights or remedies as to any such good, regardless instructions floor the City of ran Collins. of when shipped, received m accepted, m to tiny prior or subsequent default hereunder, nor shall any p sparr d real modification or rescission of this purchase order by the purchaser operate as a waiver of any of the arms Inspection. GOODS are subject to the City of Felt Collins inspection oa arrival. hereof. Final Acceptane . Receipt of the merchandise sewices r equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. -created payment oa the pan of the City of TonCollins. Hawaser it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust p ACCEPTANCE is decmknt upon eampletim cf all applicable acquired inspection procedures. ando me, are in fat homercby the Purchaser. Therebfore,nfar rgood cause and as consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teams. Shipments most be F.O.B., City of Fan Collins, 710 Wood St, Fan Collins, CO 80522, unless acquired under Federal or state antitrust laws for such overcharges relining to file Particular goods or services otherwise specified on this Dade, If pmnissim is given to prepay, freight and charge separately, the original fir ighl purchased or acquired by the Purcbaser pursuant to this purchase order. all mull amontpany invoice. Additional charges for packing will at be accepted I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manificabrds have distributing poims at armis an, of the asualry, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected film the nearest distribution point m dixuartmn, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thercdle, indicates its inability or unwillingness m comply, the Purchaser shipments am made Iram greater distance. may cause the work b be performed by the moss expeditious means available to it, and the Seller shall pay all costs associated walh such work. Permits. Seller shall procure al sellers sole cost all necessary permits, certificate and lice. required by all applicable laws, regulations, ordinances and rates of the state, municipality, memory at political subdivision where the work is performed, or acquired by any other duly constimmd public aurhonty fmingjuns idion over file work of vendor. Seller brother agrees to hold the City of Fall Collins harmless fmm and against all liability and loss incurred by them by reason of an woo ned or established violation of any such laws, regulations, ordinances, Poles and regdremenls. Authorization. All parties to this contract agree that the representnlives are, in fact, bona Ede and possess Poll and complete authority to bind said part LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the, teams and considers muted herein sot fined and ,ray supplementary or additional terms and ... ditioas annexed hereto or imonpurated herein by reference. Any additional or different erms and conditions proposed by seller are objected no and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately if you cannot make complete shipment la arrive on y a, promised delivery date as noted. Time is of the essence. Delivery and performance must be erected within the time answer an the prcham aide, and the documents attached hereto. No sob of the Purchasers including, without limitation, acceptance apparent late deliveries, shall opeab as a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmedies the option ofplaing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable fen damages as it result of delays due to causccs tut reasonably foreseeable which am beyond its reasonable mmml and without its fault ofnegligence, such acts of God, ads ofrivil or military amhomies, govemrnmml prior ies, fees, makes, flood, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the lime when the Seller fen received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal 1. the time actually lost by reason of the delay. 3. WARRANTY. The Seller warranb that all good, articles, materiels and work covered by this order will conform with applicable drawings, specifications, sample, and/or other dascoptiom given, will be fit for the purpose intended, and performed with the highest degree of can and competence in accordance wit, accepted standard fen work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may sunbr or incur on account of the Sellers breach of waam B,. The Sella shall replace, repair or make goad, without cost to the purchaser, any defects or faults aiming within one (1) year or within such longer period of time as may be presented by law or by the meats of any applicable wananty provided by the Seller site, the data of acceptance of the good fitmished hereunder facceptance not to be unreasonably delayed), resulting from imperfect or detective work done or materials furnished by the Seller. Acceptance or use of good by the Purchases shall and constitua a waiver army claim under Nis warmway. Excepl as otherwise provided in this pumhme cad,, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing wanaatics or guamnlees, but such liability shall in no event include loss of prefix or loss ofuun. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. -' 4. CHANG ES IN LEGAL TERMS. The Purchaser may make changes to legal larms by written change older. ' 5. CHANGES IN COMMERCAV. TERMS. The Purchaser may make any changes to the terms. other than legal teamm, hwlading additional to or deletions man the quantities originally ordered in the specifimfiom or drawings, by verbal or wrinm change older. If any such change affects the amount due or the time ofperfoamznce hereunder, an equitable ndiustmcnl shall be made. 6. TERMINATIONS. The Purchaser may at any time by written clang, ode,, tennimnm this agreement as or any or all portions of the goads then not shipped, subject to any equitable adjustment between the parties as to any work of mnterials then in program provided that the Purchrser shall not be liable for any claims for anticipated profits on the uncompleted portion order good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grad which are file Sellrn.aadald stock. No such termination shall relieve Ne Purchaser or the Seller of any oftheir obligations as to any goods delivered hemumfer. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum[ be asserted within thirty (30) days from the date the change or lamination is oalerea. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have bean produced, sold, delivered and bumished in stud ormhouce with dl applicable laws and regulations, to which the goods are subject The Sellar shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required b be ncorporated in agreements of this character me hereby Ncoryonmd herein by this reference. The Seller agrees to indemnify and hold the Purehzser haamless floor all costs and damages suffered by the Purchaser as a resuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, t andfieq or convey this older, or any monies due or to become due hereunder without the prior wairen consent of file other party. 10. TITLE, The Seller warrants full, a[. and untenured tall, to the Purehuer for all equipment matcnals, and items famished in pcafarmance of this agreement free and clam of any and all darer, resbm ietio, tesenatioe. secuy mom ent communicates and claims afofier, The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature mulling from the performance of such wwh. This release shall apply even in the eclat of fault of negligence of the parry released and shall extend to the directors, emcee and employees ofsueh pony. The Sellees contractual obligations, including warranty, shall not be deemed to be, reduced, in any way, because such wark is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whence, the Sella is requiml m use any design device, material or process covered by ]oner, patent, tradenah bycopyright the Seller shall indemnify end save hr,mles the Purchaser from any and all claims for infringement reason of the use of such parented design device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by mason of such infringement ad any time during the prosecution or after the completion of the work. In case and equipment, or any pan thereof or the intended use of the goads, is in such suit held 0 constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either Islamic for Ne Purchaser the light to continue using said equipment or Lewis, replan the same with substantially equal bur rwninRnging equipment or modify it an it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent at bankrupt make an assignment for file heneft of creditors, appoint a receiver or buster for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitioas of corms used ar the homparutian effuse agminval and the nights of ell parties hereunder shall be oresbued under and Invented by the lax, ina le Sate ofCwlomdw, USA. The following Additional Condina. apply rely in case where the Serer is b parr. work beremder, including the services of Sellers Representutive(s), on the premises traders. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees awn risk until the same is fully completed and recurred, and shall, in arse of any accident, destruction or injury to the work and/or materials before Settees floor completion and acceptance, complete the work in Sellers own expense and b the satisfaction of the Purchases. When materials .it equipment are famished by others for installation or erection by the Seller, fie Seller shall receive, warned .lore and handle same at the site and became responsible therefor as though such miner it, enNor equipment were being famished by fie Sealer coder the order. W 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease batteries, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the nark is to be done. The Seller shall also carry comp¢hacsive general liability including, but not limited fro, contractual and amomabile public liability isurance with bodily injury and death limits of at least S3W,000 for any one person. 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise mgdre his co atmerors, if any, an provide for such compensation and insurance. Before any of file Sellers or his contractors employees shall do any walk upon the premises of others, the Seller shall famish the Purchaser with a cedificam flan such compensation and insurance hour been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dale when such compmsntion and insurance expires. 3Te Seller agrees that such compensation and insurance shall be maintained until after the ,mire work is compleed cad aampred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby summers the entire mosmasibiliry and liability for any and all damage, loss or injury army kind or ware whatsoever to persons or property around by or resulting from the execorion of file work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold fiannless the Purehasn and any or all of the Purchasers effects, agenb end employee from rad option any, and all claim" lasses, damages, charges or expenses, whether direct or inch reel, and whether 1. persons or property an which the parch tun may be put or subject by remount of any act action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents Or employees. In case any suit or other proceedings shall b, brought against the Purchaser, or its officers, agents or employees at any time oa se.alI or by rmmn of any act, action, neglect omission m Jefault of the Seller of my of his contractors or any of its or their wirers, agars or employees as aforesaid, the Seller hereby agrees an assume the defense then tf and to defend the same 911he Sellers own expense, to jury my and all asps, charges, abamrys fees and order expenses, any and all judgments that may be incurred by or obtained against the Purchases or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon ar obtained against the property of fie Purchaser, or said place in or rs a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dwalarged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, bullish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard an safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant hereto. Resiud 07/2014