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HomeMy WebLinkAbout103118 KWAL PAINT - PURCHASE ORDER - 3215044Fort Collins Date: 0110212015 Vendor: 103118 KWAL PAINT DEPT 237 DENVER CO 80291-0237 PURCHASE ORDER PO Number Page 3215044 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: 01/02/2015 Buyer: WILSON, JILL 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. Per the bid award for MAPO Athletic Field Paint. Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Annual Field Paint 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.wrn 1 LOT LS Total Pay terms net 30 days Invoice Address: 10,000.00 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. CO,MMER IAJ,DEfAILS. Tax exemption. By apple be City of Fort Collins is exempt from state and local taxes. Our Exemption Nombm is 11. NONWAIVER. 98-04502. Federal Excise Tox Examnfion Car ificatr of Registry 84-6010587 is registered with the Collector of Failure of the Purchaser to most upon strict performance of the toms not conditions berm!, failure or delay to Imemal Revenue, Denver, Columbus (Ref. Colombia Revised Statures 1973, Chapter 39-26, 114 (a), exercise any rights or mnedire provided harem or by law, failure to promptly notify be Seller in me event of a breach, the acceptance of or payment for goods hereunder or approval ofee design, shall not release be Seller of Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due a defects of my of the warranties or obligations of this purchase order and shall not M deemed a waiver of any right of the damage in nvui4 may be retuned as you for coedit and are rat to be replaced ascent upon receipt Of owners purchaser to insist upon strict performance hereafter my of its rights or remedies as to my such goad, regardless intmctioo from me City of Fan Collins. of when shipped, received or incepted, as to my prior or subsequent default hereuder, nor shall any puTwft d And modification or mission of this purchase ohm by doe Purchaser opens, ex a waiver of my of the it. Inspection. GOODS are subject to the Ciry of Fort Collin impaction On arrival. hereof. Final Acce,fini Receipt of tha merchandise, aerieev or equipment in rwporssc to this order ran peak in 12. ASSIGNMENT OF ANTITRUST CLAIMS. wthoriaed payout oa the pan of be Ciry of Fort Collins. However, it is a be understood that FINAL Seller ad me Purchaser recognica but in maul economic practice, overcharges nothing firm andarart ACCEPTANCE is dependent upon completion of all applicable aamird impaction procedures. violations are m fact bome by the Purchma. Theretofore, for good ones, and an mnsidemtion for executing this purchase order, be Seller hereby assigns in the Purchaser any and all claims it may now have or hweafter Freight Terms. Shipments must be F.O.B., City of Fort Collin, 700 Wood St., non Collins, CO 80522, unless acquired under federal or state antitrust laws for such ovmcharges relating to the particular gaud or services otherwise specified on this ohe,. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by me Purchaser pmsumuo this purchase order. bill most wrommnv invoice. Additional champ for parking will not be memted. Shipment Distance. Where manufactutrs have distributing points in xarious parts of me country, shipment is expected from be nmrest distribution point a destination, and excess freight will M dducted from Invoice when shipments was made form greater disonve. Permits. Seller shall procure at sellers sale cost all mcaasary pronits, cwtifcatas and It. aaryiad by all applicable laws, regulations, ordinances and rules of the mile, municipality, mmtory 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 father agrees to hold me City of Too Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ml. regairanmta. AutMvation. All ponies to this contract agree but the represanmtives are, in M L boo fide and possess full and complete mthorily a bona said panics. LIMITATION OF TERMS. This Purchase Order expressly limits maeptaa« a me term ad conditions saved herein set fond and my supplementary or additional trams and condition sanexed hers. or incorporated head. by reference. Any additional or different terms and conditions propped by seller roe objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is Of the essence. Delivery and performance must M effected within the time sorted on me purchase order end the documents attached harem. No acts of be Purchasers including, without limitation, acceptance of partial Wm deliveries, shall operate as a waiver of this provision. In be event of any delay, the Purchaser shill lave, in addition a other legal and equitable remedies, me option ofplacing this order elsewhere and holding the Seller liable for damages. However, be Seller shall not M liable for damages as a result of delays due to causes rat memorably f able which art beyond is reasonable control and without its fault of negligence. such acts ofGnd, act of civil or military wehoritiw, governmental i nano,, fires, strikes flood, epidemics, wars or no. provided bat olive of be conditions musing such delay is given to me purchaser within five (5) days of the time when be Seller first received town g, thereof. In be event of any such delay, the dale of delivery shall be extended for be period ego] to the time acnally last by reaoa of me delay. 3. WARRANTY. The Seller warrmrs that all good, articles, materials and work covered by this order will conform with applicable drawing, specifications, samples and/or other description given, will M fit for the purposes iatmaed, and performed with the highest degree of care and commerce in accordance with accepted standard for work of a similar mare. The Sella agrees In hold the purchaser harmless from any loss, damage to expense which the Practitioner may idfm or incur an account ofbe Sellers branch of warraary. The Seller shall "hive, repair or nuke good, without cost a me purchaser, my defocw or faults arising within one (1) year or within such longer period of time ns tray M prescribed by law or by the tram of my applicable warmly provided by be Seller after the data of acceptance of me goods famished has a dw (acceptance not to be unreasonably delayed), resulting from imperfect or defective work doe or materials fomishN by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this somanty. Except as otherwise provided at this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by be breach of any of me foregoing anomalies or l oonlees, but such liability shall in no went include loss of profits 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 wrtm change order. 5. CHANGES IN COMMERCIAL TERMS. The Pwxhaser may make any changes to be terms, ahtt than legal terms, including addition to or deletions form me quantities originally rained in me specifications or drawings, by verbal or winters change order. If any such change ifects the amount due or the time ofperfurmance hereunder, as equitable adjns nfiat shall be made. 6. TERMINATIONS. The Purchaser may or any time by wa nm change ohm, terminate this agreement n a my or all paniom of me goods bra rat shipped, subject in any equitable dlurmmt Nuances be Parties us to any ba d, or nateriak ben in Progress provided mat the Purchaser shall not M liable for my claims for msicipmed profiw on the uoaomnlad portion captive goods wvAo work, for backhand or consequential demagw, and that m such allotment M made In favor ofbe Seller with fespat to my goods which we the Sellers standard sleek. No Inch termination shall relive the purchaser or the Serer of ary of their obligations as to any good delivered lineman. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrsots that all goods sold hereunder, shall have been produced, sold delivered and fiunibed in strict compliance with all applicable laws and regulations a which be good sure subject The Salley shaft execute and deliver such dammmn as may the required to effect or evident compliance. All laws and mudishoe, required to M mnrymavd m agreements of this character aR hereby incorymatd herein by this referent. The Seller agrees to indemnify and hold the Purchaser haamless form all ants and damages suRad by the Pannone, an a result or be Sellers biluu to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, =nfea or convey this order, or my monies due or to become due hereunder without the prior wrinm comment of the other Pant. IO.TITLE. The Seller waraats full, clw and umaf x d tine as the Purchasec for all ryuierm, materials, and it. ftuvished in pert of this agreement, fine and dw of my and dal liens, restriction, came vations, security incest encumbrance and claims o f others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifbe Purhaur banks the Seller to correct nonconforming or defective goad by a date to be agreed upon by be Purchaser and the Seller and the Seller barafter indicates its inability or=willingness to comply, the prnchaser may cause be work to be performed by the aas, expedition mean available 0 it, and the Seller shall pay all costs uss«isted with such work. The Seller shall release be Purchaser and its contractors of any tier from all liability end claims of any retire !,super, from the perforators, of such work. This release shall apply even in the event of fault of negligence of be parry relwed and shall extend to the directors, offcars and employees of such parry. The Sellers ronnacnul obligation, including wartmry, shall not be, deemed to M reduced, in my way, because such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever be Sella u raluired to use my design, device, material or process coverd by Inner, prompt, tmdemrok or copyright, be Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by rwson of be tie of such procured design, device, material or process in correction with be contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reaon of such infringement at any time dung the prosecution or after the completion of me work. In case said equipment, or any pan bemf or be intended use of be goods, is in such suit held m cantibte infringement and the use of said equipment or pan is enjoined, be Seller shot], at its own expense =d at its option, either procure far the Purchaser be right a continue using said equipment or pints, replace be some with substantially egml but noninfringing equipment, or modify it an it becomes rmninfringing. 15. INSOLVENCY. If n Seller shall become insolvent ar baakmpt, make en assignment for the benefit of creditors, appoint a receiver or tmsue for any of the Shcers Property or business, this order may forthwith In canuld by be, Purchaser without liability. 16. GOVERNING LAW. The definitions oftemw used or the intemrnation ofhe agreement and be rights of all panles hereunder span M construed under and gummed by the laws ofthe Slate ofC.Ima do, USA. The following Additional Condition apply holy in cotes when be Sella k to perform work hereunder, including be smite, of Sellars R p resenative(s), on the premiss oforhm- IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers now risk mail the same is fully rompined and accepted, and shall, in u of my accident, destruction or injury to the work anchor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases When materials and equipment are famished by others for installation or erection by the Seller, be Seller shall receive, =land, store and handle same at the site and become responsible therefor as bough such materials anchor equipment were being banished by be Sella under be order. 18. INSURANCE. The Sit shall, at his own expense, provide for be Payment of worker camper rim, including occupational disease benefits, in is amployees employed on or in impression with be work raserd by this purchase ohm, and/or to men dependents in accordance with be laws of the state in which be work is to be done. The Seller shall also carry comprehenive mand liability imitating. but not limited a, contrawail and mmmobile public liability insurance with usably injury and drab limits of ar least E30goW for any one Pelson, $50),o0o for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his cuntmcmrs, if my, a Provide for such compensation and insurance. Before spy of me Sellers or his contractors employees shall do my work upon the premises of others, the Sella shall famish the Purchnm with a mouricate that such ram orwation and inumtme have Men provided. Such certificatm shall specify the date when such compensation and mourence have been provided. Such eenifmtas shall specify the date when such compensation and inumnce expires. The Seller agrees that each compensmi=and imarmce shall M maintained =tit who the entire work is wmpletd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes me entire responsibility and liability for any and all damage, loss Or injury of my kind nature whatsoever 10 person or property numb by or resulting from be execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hairless the Purchaser and any or all of me Purchasers ofrm, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct of indirect, ad whether to Person or property to which be Porchuef may M put or subject by rmson of any an, action, neglccr omission or default on the part of the Seller, my of his contractors, or any of the Sellers or contrenors officers, agents or employees. In rase my wit or other proseediags shall be brought again the Powhown. or its officer, agents or amployar at my time on attromt or by torso. of any act, mtioa neglect, omission or default of be Seller of my of his contractors or my of its or their officers, agents or employees m afomesid, be Sella hereby agrees to assume the defense bermf and to defend be same at me Sellers own expense, a Pay any and all wets, changes, ammM fees and when expenses any and OR judgments that may M incurred by or obtained again, be Purchaser or any of its or bear officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against be property of the Pualwam, or said ponies in or as a result of such suits or other proceedings, be Seller will at once cone be same a M diewhd and dischargd by Rising bond or omerwiu. The Seller and his contractors shall take all safety prmautions, fumish and imrall all guards necessary for be prevention of accidents, comply with all laws anal regulatiom with regard to salary including, but without limitation, the Occupational Wary and Health Act of 1970 and all rules and mgulatiam issud paramour thetas. Revised 0M014