HomeMy WebLinkAbout535493 STITCHMASTERS AUTO MARINE & CUSTOM - PURCHASE ORDER - 9141784PO
PURCHASE ORDER 914178er page
City O'f///���►► 9141784 1 of 2
F6r} Collins
This number must appear
�—,J`-' ` ` on all invoices, packing
sli s and labels.
Date: 03/28/2014
Vendor: 535493
STITCHMASTERS AUTO MARINE & CUSTOM
UPHOLSTERY
5732 S COLLEGE AVE
FORT COLLINS CO 80525
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 03/27/2014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket Order 1 LOT LS 5,000.00
Sublet Wood Street
Cover the cost of sublet work for fiscal year 2014.
All deliveries shall be made upon the request of
City Shops/Parts department only and shall be
accompanied by an invoice or job ticket.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
2 Blanket Order
Sublet Streets
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@fogov.com
1 LOT LS
1,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tennis and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By mimic the City of Fort Callitts is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER,
98Jw502. Federdl Excise Tax Exemption Cenifcate of Registry 84fi 587 is registered with the Collector of
Failure of the Purchaser to Twist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenuq Demur, Colowuh, (Ref. Colomda Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by has, failure to promptly notify the Wine in the event of a
breach, the acceptance ofor payment fro goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any Of the memories or obligations of this purchase order and will vim he deemed a waiver of any right of the
damage in vunsit may be relumed to yoafor credit and are not to be replaced except upon receipt of written
Purchaser to insist upon strict pedormance hereof or any of its rights or remedies as to any 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 garlanded
am[ modification or rescission of this purchase order by the Purchaser operate w a waiver of any of the terms
Inspation. GOODS are subject to the City of Fort Collins inspection on arisal.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response . this order can all in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mumnzed payment on the pan of the City of ran Collins. He., it is to be understood that FWAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for local cause and as consideration for executing this
purchase order, the Seller hereby assigns W the Purchaser any and all claims it may now have or hereafter
Fraught Tenors. Shipments most be F.O.B., City of Fon Collins, 700 Wood St. Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges reHting to the particular goods or services
otherwise specified on this area. lfpemtission u given to prepay freight and charge separately, the ordinal fnighl
purchased a acquired by due Pormhaser pursuant 1w this purchase order.
bill must mcomwnv invoice. Additinaal ci ago for cackine will an be avarred.
Shipment Distance. Where manufacturers have distributing points in various parts of the away, shipment is
expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice what
shipments am made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, ourifcates and licenses re runt by all
applicable [am. regulations, politicians and Odes of the state, municipality, territory or political subdivision where
the work is performed, or requital by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss
anured by them by reason of as assIn erted established violation of any such laws, regulations, ordinances, tales
d requirements
AutMtization. All parries to this contract agree that the representative are, in Lack bow fide and powers full and
complete authority on bind said lamies.
LIMITATION OF TERMS. This Purchase Order expressly limits timeworn to the terns and conditions stand
herein set forth and any supplementary of additional tames and conditions annexed hereon or incorporated herein by
reference. Any additional or diRerent terms and mndiiions proposed by seller arc objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou arrant make ..,late shipment W waive on your
promised delivery dam as noted. Time is of the essence. Delivery and performance most be elTtlnd within the time
stated on the purchase order and the documents attached harem. No acts of the Purchasers including, wihom
limitation, acceptance of pnHiol late deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equlmble rcmeJies, the option of placing This order elsewhere
and holding the Sella liable fur damages. Iloweve, the Seller shall not be liable for damages as a rcsull of delays
due to cottses not reasonably foreseeable which art beyond its mosomble rov.ol arM without its fault of negligence,
such tots of God, acts ofcivil in military ambitious, govemm p ml priorities, Bra, stakes, flood, epidemics, wars or
riots provided dust notice of the conditions causing such delay is given to the Pump scr within five (5) days of the
time when the Seller first received knowledge mcreof. In the evens of any such delay, dhc date of delivery shall be
extended fro the aimed egool m the time actually lost by reawa of the delay.
3. WARRANTY.
The Seller warrants shot all goods, mice%, aateaals and work covered by this order will conform with applicable
dmaxings, specifications, samples and/or other dcsaipliam given, will be fit for the puryoses intended and
performed with the highest degree of care and competent in accordance with acceptW smndatd for work of a
similar mount. The Sella agrees to bold the purchaser harmless from any loss, damage or expense which the
ruminant may sulfa m incur on account of the Sellers breach ofwammry. The Seller shall replace, repair or make
good, without cost to the parchow, my defect, or foulti arising within one (1) year or within such longer pmod of
time as may be prescand by law or by the larw of any applicable warranty provided by the Seller after the date of
manufacture of the goods famished broader baceptaace Out m be unreawwbly delayed), resulting from initiation
or defective work done or materials mmished by the Seller. Acceptance are use of goods by the Purchase shall tat
omtimte a waiver of my claim under this warranty. Except as otherwisc pounded in this pmchase order, the Sellers
liability hereunder shall extend to all Hanson proximmely wuud by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profix or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
C CHANGES W LEGAL TERMS.
The Purchaser may make Chang%m legal term by wino change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from
the quantities originu ly ordered in the spaifc niow or drawings, by verbal or corium change .Nests If any each
change affects the amount due or the time of Performance hereunder, an equitable w1justmem shall be made.
6. TERMINATIONS,
The Purchaser may . my lime by wrman change other, terminate this agreement as to my or all pomaps of the
goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in
pmlress provided that die Purchaser shall tat be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or comang ential damages, and that no such adjustment be mode in
favor of the Sella with respect to any goof which are the Seller standard stack. No such termination shall relieve
the Purchaser or the Seller army ofthe'u obligations at m any goal delivered h.cunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) Jays from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereuMa shall have been produced, sold, delivered and founded in strict
compliance with all appliable taws and regulations to which the goods art subject The Sella shall execute and
deliver such documents as may be patched to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this charscter are hereby uninformed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all ass, and damages suffered by the Purchaser as a result of the
Sellers failure to comply wish such law.
9. ASSIGNMENT.
Nadia parry shall assign, trawfet or convey this order, or my monies due or to become due hermnder without thc
PH., wdnen consent afore other parry.
10. TITLE.
The Sella wmnants HILL clew and um%tricted title to the pluchwer for all equipment materials, and items furnished
in performance of this agrmnenL fee and clear of my and all Bass. remnefiow, ncscna-atiow. immunity interest
mmanbmnc% and claims of othm.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaer directs the Seller to career nonconforming or defective goods by a data m be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all
cos. ncwnined with such work.
The Sella shall mlease the Purchaser and its ..at rs of any Her from all liability and claims of any wture
repathmg 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
director, officers and employees afsuch parry.
This Sellers conlmctud obligmiow, including wmrsary, shall not be deemnd to be reduced, in any cony, because
such work is Festooned or owned to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, device, matalol or process covered by leben polar, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any 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 Purohwer for any now, expanse w damage which it may be obliged to pay by yawn of such
infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or
any pan thereof or the intended use of the goods• is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined the Seller shalt at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with sub9arniully equal but
noninGtnging equipmem, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become imadvad or E dkwPI, make on assigr4nent fro the benefit of creditors, appoint a
receiver or tOstee for any of the Sellers property or business, this order may forthwith ha canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The dcfnifions of tams awed or the interpretation nftha agreement and the rights of all gain%hwwwda shall be
cowrued under and governed by the laws of the Some ofColomdo, USA -
Fire following Additioml Conditions apply only in sus where the Seller is to Perform work hereunder,
mcluding the servic%of5ellas Represenmlivgs), an the .is. ofothers.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sallars own risk unfit the same u fully completed and accepted, and shall,
I. case of my accident desuuction or iajury 10 die wok andlm Osten ds before Sellers final completion and
xcepunce. complete the work at Sellers own expanse and to the otisfamon of the Ptuchasa. When marmots
and equipment are f smished by others fro installation Or creation by the Sella, the Seller shall receive, ouload
smrc and handle same at thc ate and become responsible therefor as though such materials empor a garmial
were being famished by the Sella under the will
IS. INSURANCE.
The Sell. shall, a1 his own expense, Provide for the payment of workers compensation, including acuptonal
disease bcneftts, to its employees employed oa or in connection with the wok coveted by this punhase area,
smaller to their dependents in accordance with the laws of $e spite in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contmctwl and automobile public
Liability insurance with bdily apiary and death limits of at least S300,000 for any one person, S500,000 for any
one accident and pmpmy damage limit per accident of S400,000. The Sella shall likewise require his
coneractons, if my, to provide for such compeamtion and insurance. Before any of the Sellers or his contactors
employees shall do my work upon the plemis%of others, the Seller shill famish Ne Pmcbuer with a.nifirue
that such compensation and insurance have been provided. Such .rtifret% shall specify the date when such
compensation and insurance have ben provided. Snob cenific ons shall specify the data when such compensation
and orwo nea expires. The Sella agrts the, such compensation and insurance shall be maintained until oiler the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby mwrttes the entire r%ponsibility and liability for my and all damage, loss an injury of my kind
or nature whatsoever to Fromm or property aused by in resulting tram me execution ofthe work provided for in
this purchase order or in connection haewim. The Seller will indemnify and hold harmless me Purchaer and my
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchsser may
be put or subject by reason of my act, notion, neglect omission or default on the For of the Seller, my of his
contractors, or my of the Sellers car contractors Olfccrs, agents or employees. In case my suit or other
proceedings shall he brought against the Purchaser, or its officers, agents or employees at my time an account or
by Hanson of my act, action, neglect, omission or default of the Seller of my of his, conmxsors or any Of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees F, sssame the defcnu amour and m
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be insured by or obtained against me Fumhaser or my of its or their oRcers,
agents or employees in such suits or other proceedings, and in case jacianmt or other lien be placed upon or
obtainnd again, the property of the Purchaer, or said Entries an c r as a result of such I. m other pmcedings,
she Seller will at tuna Dose the more to be dicwhed and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, Banish and install all guards necessary for me prevention of
accidents, comply with all laws and tegulmiow with regard in safety including, but without limitation, me
Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant therem.
Revised 03n010