Loading...
HomeMy WebLinkAbout292606 STILO ENTERPRISES - PURCHASE ORDER - 9122625City of �,.;6rt Collins Date: 05/0412012 Vendor: 292606 STILO ENTERPRISES PO BOX 358 LOVELAND Colorado 80539 PURCHASE ORDER PO Number Page 9122625 1of3 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 05/03/2012 Buyer: JOHN STEPHEN 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. Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 CONTRACTUAL 1 LOT PER TERMS AND CONDITIONS OF BID 7355 LS 5,000.00 2 Contractual Labor 1 LOT LS 2,000.00 3 Contractual Labor 1 LOT LS 5,000.00 4 Contractual Labor 1 LOT LS 10,000.00 Total $22,000.00 C3. OYI�:AQ J� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City Of PURCHASE ORDER PO Number Page 9122625 1 2 of 3 Fort Collins ol f ns This number must appear / ,!`"_`�J`' ` on all invoices, packing slips and labels. Ra� C. Oi'lLLv-Q -;�ZL City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptioms. By sutra, the City of Fon Collitu is exempt from smtc and local laces. Our Exemption Number is 11. NONWAIVER. 98-04503. Federal Escise Tax E.aemption Cenilieute of Registry 84-6000587 is registered with the Collector of Failure of the Purchuscr to insist ulwn strict pormrn)anee of the watts and conditions hereof, failure or delay to Intcnul Revenue, Denver, Colorado (Ref: Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exert ke any rights or remedies Provided herein or by law. Failure to promptly miry the Seller in tire event of a breach, the acceptance at or payment far goods hereunder or approval of the design, shall not release the Seller of Goofs lWjceed. GOODS REJECTED due to Iailurc m meet ,p,6fi,,cfimr,, either when shipped or due to detects of any of the warranties or obligations of this purchase order and shall not be deemed a waiter of any right al the damage in transit, may be returned to you to, credit unit arc not m be replaced except uPof r vip, of written Purchaser to insist open strict prf'ormefcc hereufor any of its rights or renedics as to any such goods, regal Bless instructions from the City of Fun Collins. of t,hcn shipped, received or accepted, as to any prior or subsequent ddauh hereunder. nor shall any pugwncd oral modification or rewission of this purchmc order by the Purchaser uperme us a waiver of any ut the Wants Iaslwclion. GOODS are subject to the City of Eurt Collins inspection on arrival. lent Final Acccptmwc . Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OI' AN-HiRUSTCLAhMS. authorized payment on the pan of the City of Too Collins. Howcvcr, it is in be unit crsnwd lbm FINAL Seller and the Purchaser recognize that in actual cecumnie practice, overcharges resulting nom antibxat ACCEP"IANCE is dependent uNn completiun ofull applicable requiredinspcccium procedures. violations are in fact borne by life Purchaser. Therxvofom, for good cause and as consideration for executing this purchase oNer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercuflcr Freight Team, Shipnem, must be F.O.B., City of Fun Collins, 700 Wood St., Fun Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges rchilm, m If, pmieulur gouts or srviecs mh,nv is, specified on this oNer. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purclease order. bill must accompany invoice. Additional charges fur packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OULIGA'I'IONS. Shipment Disunec. Where manutaco rcn time distributing points in variuus pans of to country, shipment is If the Purchaw' directs the Sclter to correct nonconfomting ur dcfctivc goods by a date to be agrced ulwn by the expected firm the ...I distribution point to Jestinatimt, and excess freight will be deducted Cron hoWe when Purhaser and the Scllcr, uud the Scllcr thcrcaltcr indicates its inability or unwillingness to comply, the Purdwwr shipments arc made from g.let distance. may cause the work to be pcdonned by the most expeditious means available to it, and the Seller shall pay all costs xs,uciawd with suet, work. Permits. Seller shall procure at sellers sole cost all necessary pennies, certificates and licenses required by all upplieuMe lows, regulations, ordinances and rules ref fhe state, municipality, territory opolitical subdivision ,'here the work is ped.movd, or required by any other duly constituted public authority having juasdietiun over life work ol'vcndor. Seller further tercets to hold the City of Fun Collins harmless lion) and nguinst all liability and loss incurred by then) by asun of an asserted or esubllshcd violation of any such laws, regulations, ordinances, rules and requircnfcut,, Amhorizufion. All panics to this contract agree that the rcprescn aincs are, in fuel, bona tide acid possess full and complete arahurity to bind aid panics. LIMI'IA'nON OF TERMS. This Purchase Order expressly limits acceptance to the tarns and conditions stated herein xl foal, and any supplementary or additional tcmu and conditions annexed hereto or incorporated herein by reference. Any additional or dhfbmnt terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inmtedintcly it you cannot make complce shipment to arrive on your promised delivery date as noted. Tim, is of the essence. Delivery and performance must be cl'fccted within the time ,rated on the purchase order and the dectuncnus touched herem. No acts o'the Purchasers including, without limitation, acceptance of puniul lute deliveries, shall operate as a maker of this provision. In the event ol'any delay, the Purchaser shall have, in addition to ufill, legal and equitable rncedics, the option Of placing this order elsewhere and holding the Seller liable for damages. lluwcvcr. the Seller skull not be liable fur damages as if result of delays due to causes ,of reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, suds aeb of God, acts ofcivil or military authorities, govcrnmumal priorities, fires, strikes, Ruud, epidemics, wan or riots provided that notice of the conditions causing such delay is given to tire Purchaser within live (5) days of the time when the Seller lion rcccired knowledge thereof. In the event of any such delay, the Jute of cclivery shall be cxtuWcd for the period equal to the tinfe actually lust by vasun ofthc delay. 3. WARRANTY. 'I he Seller wmmmts that all grad,, articles, nmeruds and work covered by chi, oNer will contunn will, applicable drawings, specifications, samples and/or other daeriptimns given, will be lit for the purpoxs intended, and pcalumad with the highest degree of core .,,it eon)pctence in accordance with ucceped Younaods for work of a similar nature. The Scllcr agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suflbr or incur on account of fhe Scllcf, breach of,ma my. The Seller shall replace, repair or make gtwJ, widmw cost to the purchaseq wry ddecs or fault arising within one (q Yeur ur within such longer period of tinfc as may' be p¢xribcd by lout ur by the terns of any applicable %vamnty provided by the Scllcr altenhe Jac of ccepamec of the good, tumishN hereunder (umcpunce not tube unrea,mnably delayed), tainting from imperfect or dch,ei ve wrack how ur material, furnished by the Seller. Aceeplance m use utguods by the Purchaser shall not constitute am at% er of any claim under this warranty'. Except as uthenvise provided iu this purchase uNer.the Sellers liability hereunder shall wend to all damages pruxinheely caused by the breach of any of dr.• toucguing warm ilia or guam aces, but such liability shall is no went include fuss aptuatsor lossof use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchuser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS, 'I he Purchaser may make any changes to the emu, other than legal eats, including additions to or deletions from the quantities originally ordered in the specifications ter drawings, by verbal co written change order. If cry such change u0ccs the amount due or the time.1 runrl'urnance hereunder, an equitable odjustmcnt shall be made. 6.1 ERM INATIONS. The Puehuscr nay at any time by writer change order, terminate this agreement u, to any or :ell punions of the good, then not shipped, ,object to any equitable adjustment between the panics as to any work m nou,aAs then in progress provided that the Purchuxr shall nu, be liable fur any claim, for umlclpaad pmlits ran the un,ma,1ded portion uilhc goods und'or work, let incidental or wascquatial damages, and that no such udjusmenl be made in favor of the Seller with respect to any goods which are Ilfe Sellers ,mndaid cluck. NO such Icrminmiun ,ball relic,, the Purchaser or rite Seller orally of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjunnoan most be assened within thirty (30) days from the date life change or lcrn)italion is oNcrcJ. 8. COMPLIANCE WITH LAW. "rile Scllcr warrants that all good, old hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good, are s.bj"c. The Seller stall execute and deliver such doauniens a, pray be required to effect or evidence compliance. All laws and regulations required to be incogwratcd in agrrenwnts of this character are hereby incorporated herein by this r•fercnce.'I'lie Scllcr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is n result of rife Sellers failure to con)ply with such In,,. 9. ASSIGNMENT. Neither pany shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the uthcr puny. 10. TFFLE. 'I he Seller wxmnt, Full• dcaramd unrestricted title to de Purchaser for all equiparrn, nueriuls, and items furnished in performance of this maccmcut, free and clear of any and all liens, restrictions. rcaenatimo, security imercat encumbrance, and clainfs of ushers. The Seller shall relcne the I'urduser and its contractors of any net hour all liability and cluous of any nature rcau if in, Oou, the perlontmncc of such work. This release shall apply even in life event ol'fault .1allilige0ec of life pony released and shall extend to the directors, officers and cntployees ofsuch party. The Settees emus nu:d obli,camn,, including mummy, shall not be deemed to be reduced, in any way, because such work is prior n al or caused to be performed by We Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process cm cred by letter, patent, trademark or copyright. Ibc Seller sha]I indemnify and save harmless the Purchaser from any and all claims for iNiiagenrent by reason of the use of such patented design, device, material or process in connection with the contract, and shall Indenufity the Purchaser fur any cost. expense or damage which it may be obliged to pay by reason of such itfringemenf w any lint, during the prosecution or after the eonplcfion of tic work. In case said equipment, or any pail Ihctacf ur the intended use or an, goods, is in such avit held to constitute infringemznl and elm use of said cquipmcnl or pun is enjoined, the Seller shall, at its own axpcnsc and at is option, either procure tin the Purch,ne, the right no emotion, using slid equipment ur pens, replace the suns with substantially equal but nuninai aging equipment. or modify it so it become, nuninl'ringing. 15, INSOLVENCY. If the Seller Shull become insolvent or bankrupt, make an assignmcm for the beiwlll of creditors. appoint a receiver m trustee for any ul'the Sellers prapcny or business, this order may forthwith be canceled by ,tic Purchaxv without liability. 16. GOVERNING LAW. 'lit, definitions uftcnn, used or the inferpeation of tic agreement and the rights ofall panics hereunder shall be cunstmed under and governed by the law, of the Sate of Colorado. USA. I'tic following Additional Conditions apply only in vas w'hcrc the Scllcr is m prfurm murk hereunder, including the services at Sellers Represemadve(7, on the premises ofolb,n. 17. SELLERS RESPONSIBILI'I Y. 'I lie Seller 'Inch carry mi said work c Sell,?, own risk until Ibc same is fully completed and accepted, and shall, it, ease of any accident, d,vmetio I or injury to the %cork and/or materials before Seller's final eonq)Irion Lord acceplan", emaphr, the work m Seller's own expense and to the saliscuction of the Pumhuscr. When materials and equipment are furnished by others for installation or erection by Ibc Seller, the Scllcr shall receive, unload, store and handle scot at the site and become icspetmible therefor us though such materials and/or cquipmcnl were being transited by the Seller under the order. 18. INSURANCE. 'I'hc Seller shall, al his own expense, provide for the payment of wurkeb comp amonion, including occupational disease benefits• m its employees employed oil or in connection with the work covered by this purchase oNer• and/or to their dependents in aceordcec with the laws of the sure in which the work is to be done. The Seller ,hall also carry compmlunrowc general liability including• but not limited to, contractual slid automobile public liability insurance with budily injury and death limits oral least $300,000 for any one person, $500,000 fur any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, it any, to pruvide fur such compensation and insurance. Before any of the Sellers or his contractors employees shall do any murk upon the p aaiscs of other, file Seller shall furnish the Purchaser with a eenificate that such contpcusmiw, and insumnec have been provided. Such ccnificates Shall specify rile date Whet such compan,cio, and immmnca htwe been provided. Such cer ilicates shall specify the date when such conipens do, and insurance expires.'] tic Seller agrees that such compensation and insurance shall be maintained until aficr the entire walk is cmaplcwd and accepted. 19. PRO"I ECITON AGAINST' ACCIDENTS AND DAMAGES, The Seller hcrcby usscnes the train responsibility and liability fur oty and all damage, loss or injury ofuny kind or nature whatsoever to persons or property caused by or resulting from the execution of rife work provided form this purchase oNer or in cunnecion herewith. The Seller will indvitiony and hold taintless the Purchuxr and any or all of the Pur ar,c, ollicen, agents and employees from and against any and all claims, losses, damages, charges or exposes, wrechcr direct or indirect, and wheher to persons or property to which the Pumhascr may be put or subject by reason of any act, action• neglect unfission ur defaull on the pan of [tic Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is officer,, agents or employees at any time on uccumm or by reason of any net, action, neglect, monssion or default of the Seller of any of his contractors or any of is or their officers, ,guts or employee's as aforesaid, the Seller hereby agrees to assume the defense thereof and to dctand the lone al the Scllcrs awn expos,, m pay wry and all cost,, clauga, mtomcys ices and lifer c.gxnscs, any and all judgments that nary be incurred by or obtained aguinsl Ibc Purchaser or any of its or their officer,, figcnb ur cntployees in such wits or other proceedings, find in case judgment or other lien b, placed upon or obtained uguiust the property of the Purchaser, or said parties is or as a result ofsuch suits or other proceedings, the Seller will at uncc cuu,c the are la be dissolved and discharged by giving bond or otherwise.I lie Seller and his contractors shall take all safety precautions, furnish and insist] all guards necessay for the prcecnion of accidents, comply with all laws and regulations with regard to safety including• but million[ ruination. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0311010