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HomeMy WebLinkAbout541354 COATING SPECIALISTS LLC - PURCHASE ORDER - 9145048 (2)PO PURCHASE ORDER 914504er Page Cliy, of PURCHASE 9145048 1012 t Collins liras This number must appear ` v ` on all invoices, packing sli s and labels. Date: 10/01/2014 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 2 City Bridge Program-KFCG 1 LOT EA 1,500.00 CHANGE ORDER 1 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stole and hotel taxes. Our Exemption Number is 98 W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref COlomdo Revised Studies 1973, Chapter 39-26. 114 bd) Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeat of damage in transit, may be returned to YOU for credit and arc not to he replaced except upon receipt of wnten instmctimts from the City of Fan Collins. Inspection. GOODS are subject to the City of Fort Collis inspection on arrival. First[ Acceptance. Ra,gd of the merchandise. sat or aRuipmmonse m in respto this coda a result in authorized payment Our the pan of the City of Pon Collins However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight 'Ptons, Shipments must be PO.B., City of Fort Collins, 000 Woad St., Fail Col [in, CO 80522, miles, otherwise specified on this order. If permission is given to prepay freight and charge separately, the origmai freight bill most accompany invoice. Additional charges for peeking will and be accepted. Shipment Dome, Where manufacturers have distrlbming points in various pans of the country, shipment is expected from the nearest disfibro n point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pmeure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss of the sate, municipality, territory or political subdivision where the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further sources to hold the City of Fort Collins Fearless form ad against all liability ad Ross incurred by them by reason of an ssmed or established violation of any such laws, regulations, ordinances, m[es and requirements. Authorization. All parties to this .ntrmi agme that the representative are, in fact, bona ride and possess full and complete authority to bid said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set funs and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional ar different ¢tins and conditions proposed by seller are objected to and hereby rejamd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to.,. ua your promised delivery date as noted. Time is of the essence. Delivery, and performane most be effected within the time sited on the purchase order ad the documents attached hereto. No ores of the Purchasers including, without limitation, acceptance of partial lac deliverir, shall operate as a waiver ofthis pmsision. In the event of my delay. the Purchaser shall have, in addition to other legal and cqumble remedies, the option of placing this order elewhem and holding the Seller liable for damages. However, the Seller shall not be liable for damages s is result of delays due to causes not reasonably foreseeable which we beyond its reasonable control and without its Wub of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Brad, epidemics, wars or Dots provided that notice 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 he extedM for the Rend equd to the time acaally last by reawn ofe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a 'milar wturs. The Seller agrees to hold the pumhaur harmless from any loss, damage or axperse which the Pmchasa may suffer w incuron account of the Sellers breach of wa.nty. The Sella shall replace, repair or make good, without cost to the purthaser, any defects or faults arising within ow (I) year or within such longer period of time as may te prescribed by law or by the terms of my applicable womanly provided by the Seller riflerthe date of acceptance of the Sods furnished hereunder (acceptance not m be unreasonably delayed), resulting fur imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser stall not onstime u waiver ofany 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 no toes 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 change to legal terra by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purcheer may make any changes to the terms, other Wan legal lams. including addition m or deletions from We man ibes ongirally ordered in the specifications or drawings, by verbal or written change order. If my such cM1mge affects the amount due or the lime of peffunnance hereunder, an equitable adjunmmt shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change under, mmtinme this agreement as at any or all portions of the goods then not shipped, subject o any andubie adjustment between the panic as to any work or materials then in progress provided Out the Pachoser shall not be, liable for my claims for anticipated ports on the uncompleted portion of Ore goods adror work, for incidental or roamumtul damages, and that mm such edjwonent Is, made in favor of the Seller with lapat m my goods which art me Sellers sandad stock. No such lamination shall relieve the Purchaser or the Seller of my of their Obligations as m any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within may, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Out all goods sold hereunder shall have been produced, sold, delivered and fumimed in strict compliance with all applicable laws and regulalions an which the good we subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations tainted] to be incorporated in agreements of this character am hereby incorporated herein by Wis reference. The Seller agrees to indemnify ad hold the Purchscr harmless fur all casts and damages Suffered by the Puchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pan, shall assign, m sfa or convey this ardor, or any monies due or In become due hermnder without the prior written consent of the other party. 10. TITLE. The Sella warrants full, clew and unrestricted title so the PurcM1asa for all equipment, materials. and items famished W perfo.ance of this agreemem, free ad clew of my and all lies, restrictions, nervations, security interest encumbrances and claims of mhos. 11. NONWAIVF.R. Failure of the Paribas, to insist upon strict performance of the terms and conditions hereof, failure or delay to exervisc any rights or remedies provided Interim or by law, ftilure to promptly notify the Seller in the event of a breach, the acceptance ofm payment for goods Remainder or approval ofthe design, shall not«[ease the Sella of any of the watmntie, or obligations of this furchau order and shall not be deemed a waiver of any right of the pumM1nser to insist upon strict performance hereof or any of irs rights or remedies as to any such goods, regardless of when shipped, received of accepted, as to any prim ar subsequent default hereunder, or shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tests hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual monsonfic practice, overcharge resulting from entitsst violations arc in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal w state antitrust laws for such overcharges mis ing to the particular goods Or services purchased or acquired by the Purchaser pursuant to this purchase order. 13- PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If fie Purchaser dirtets the Sella Id cormes nonconfannam, or defective good by a dam to he agreed upon by the Purchsser and the Sella, and the Seller thereafter indicate its inability or unwillingness to comply, fie purthaser ivy cause the work to be performed by the most expeditious means available to it, and the Seller shall Pay all costs associated with such work. The Seller shall ideas, the Purchaser and its contractors ofany tier from all liability and claims of any nature csalting from the performance ofsuch work. This ml. shall apply men in she event of fault of negimarce of the parry released and shall extend m the directors, offices and employees ofsuch party. Ile Seller's atntra fi d obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14_PATENTS. Whenever the Sella is rammed to use my design, device, material or process covered by later, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for inGngemem by reason Of the use of such pm=ted design, device, mammal or Pmecss in connection with the commet. and shall indemnity the Purchaser for any cos, 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 ca upment or any pat thereof or the intended use of the good, Is In such suit held to constitute infringement and the use of said eNuipmenl or pan is enjoined, the Sella shall, at its own rpcme end Al its option, either procum (m the Purchaser the night to continue using said equipment or parts, replace the mute with substantially aided but noninfringing a[uipmat, or modify it so it become noninfiinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a reverser or trustee for arty of the Sellers property or business, this order may forthwith be canceled by the Pow,hsa without liability. 16. GOVERNING LAW. The definitions of terms sad or the interpretation of the agreement and the rights of all panda hereunder shall be cos.ed under and governed by the laws ri she Stale of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereumleq ,winding the services ofScll. Represrntative(s), on Ore premises idwhers. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, ds.ction or injury to the work ani materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and a m,fifi nn are modified by others for installation or erection by the Seller, the Sella shall receive, onload, slam and hurdle same at We site and become responsible sheefm Or though such materials mNor equipment were being furnished by she Sella under the will 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its anplo,as employed on or in connection with the work covered by this purchase order, andor to their dependents in accordance with the laws of the sate in which the work is to be done. The Seiler shall also carry comprehensive Sacral liability including, but not limited W. conmwtwl aid automobile public liability insurance with bodily injury ad death limits of to least S3owoam For my one person, S500,000 for any one accident and pmpeny damage limit per accident of S400,000, The Sella shall likewise esquire his contractors, if any, to provide for such compensation and insumnee. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall furnish the Purchaser with a eattreme thin such em,paviation and insurance have been pmei6,d, Such x-o icams :hall 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 agree Wad such compensation ad insurance shall he maintained until after the =tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assmnes the entire responsibility and liability for any and all damage, loss ar injury of any kind noon. whatsoever to persons or property caused by Or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Puritanism officers, agents and employes from and against any and all claims, losses, damages, charges or expenses, whether direct or milima. and whether to persons or property to which We Purchaser may he put or subject by mason of any act, action, neglect, omission or default on the pan of the Sella, my of his mount. .1 any of We Sellers o ...Co.. appoint, agents . employes. In eau any .it or Other praeedings shall be brought against the Purchase, or its officers, agents or employes at say time on account or by reason of any rat, action, initial, omission or default of the Seller of any affix contractors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees or assume the defense thereof and to defend the tome at the Sellers own expense, to pay my and ail costs, charges, whimeys fees and other exposes, my and all judgments Wet may be incurred by or obtained against the Purchaser or my of its or dt offices, agora or employer in such suits or other proceedings, and in cam judgment or other lien he placed upon or Obtained against the pmpmy offs, Purchase, or said panic in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or othassi e. The Sella and his contractors shall take all safety precautions, famish and install all gird necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limianon, the Occupational Safety and Hmhh Act of POO and all nmles ad regulations issued pormant thereto. Revised 01R014