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HomeMy WebLinkAbout292606 STILO ENTERPRISES - PURCHASE ORDER - 3214285Fort of Date: 04/24/2014 Vendor: 292606 STILO ENTERPRISES PO BOX 358 LOVELAND CO 80539 PURCHASE ORDER PO Number Page 3214285 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 1 LOT LS Total 20,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCW.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from save and local loxes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60005 W is registered with the Called., of Failure of the Purchaser to insist open strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmpdy notify the Seller in the event of a breach, the acceptance ofor payment fir goods hereunder or approval of the design, shall not ukase the Sella of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped of due to defects of any of the wanmnties or obligations of this purchase under and shall not W deemed a waver of any right of the damage in wnar, may M reauned to you for credit and are not to be replaced except upon receipt of written pumhastt to insist upon strict paformmtt hereofm any of its rights or remedies as to any such goods, regardless instructions from the City of Pon Collins. of when shipped, received or accepted as or any prior or subsequent defadr hereunder, mf shall any parranged and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Irupectior. GOODS age subject to the City of Too Collins inspection on armed. hereof. Final Acceptance. Receipt of the merchandise, senicn or equipment in rreponse m this order no. retell in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of ran Collins. However it is to be understood that FINAL Seller and the Purchaser recognize that in acmal economic practice, overcharges resulting from antitrust rr ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purhuret rn Theofore f good cause and u consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or handler Freight Teas. Shipments most be F.O.B., City of Tom Collis, 700 Wood St, Fart Carina, CO 80522, unless acquired under federal or state antitrust bays for such overcharges relating to the pmicular goods or services otherwise specified on Nis order. If permission is given m prepay freight and charge separately, the ongiml freight purchased or acquired by the Forequarter pursuant to this purchase amid. bill must accompany invoice. Additional charges far packing will tut IN accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected Item the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work m be perfomred by he most expeditious means available do v. and the Seller shall pay all oasts associmcd with such work. Pemnits Seller shall procure at sellers sale cost all necessary permits, ceaificates and licenses required by all applicable lawn, w livions. each nanms and vales argue sate, muacipala , territory or political subdivision where the work u performed, or required by any other duly constituted public authority having,ro ediction over the work of vendor. Seller futon agrees m hold the City of Fort Collins harmless from and against ell liability ad loss incurred by them by uuon of an asserted or established violation of any such laws, regulations, ondinaners, ales ad requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein ad foah and any supplementary or additional arms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you Boom make comple , shipmem m arrive on your Promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stand oa the purchase order and the documents attached hereto. No acts of the Purchasers including, withoul limitation, acceptance of paaid late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this other elsewhere and holding toe Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which ane beyond its reasonable central and without its fault of negligence, such acts of God, vets ofcivil or military authorities, governmental priorilics, fires, strikes, ❑rod, epidemics, wars or riots provided that notice of the candidom musing such delay is given so the Purchaser within five (5) days of the time what the Sella first received ktowledgc thcnoL In the cent of any such delay, the dose of delivery said be extended ( the period equal to the time actually last by reason argue delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in recondance with accepted standards for work of a similar rare. The Seller agrees to hold the purchaser hamtlds from any lass, damage or expense which the Purchaser may sulT or incur on account of the Sellers breach of avaaanry. The Seller shall replace, repair or mays good, without cost to the pumhaseq my defrds or faults arising within one (I) year or within such longer period of time as may be pracribel by law or by the toms army applicable reactivity provided by the Seller after the data of acceptance of the good f ished hereunder (acceptance act to be unreasonably delayed), rddling from imperfect or def ctive work done m ..,am], famished by the Seller. Acceptance in use of goods by the Purchaser shal nos constitute a waiver of any claim under this warranty. Except as otherwise provided in Nis purchase order, the Sellers liability hereunder steal I extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event 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 changes so legal toms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehaver may make any chard to the mors. other than legal terms, including additions to or deletions from the quantities originally oulcmd in the specifications or drawings, by verbal or wrinen change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, termimte this agreerred as to my or all portion of the goods then not shipped, subject to any equitable adjustment bebaern the paid as to any work or materials gain in Progress provided that the Podded shall not bar liable fat any claims for anticipated profits oa the uncompleaed poor. ofthe goods No, work, fat wcidemal or c areal, ential damages, ad that no such adjustment be, made in favor of the Seller with respect many goods which are Be Sellers moved stock. No such recognition shall relieve the Purchaser or the Seller army oftheir obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment mnsr be asserted within thirty (30) days from the date the change or temriamian is ordered 8. COMPLIANCE WITH LAW. The Seller warm its chat all goods sold hereunder shall have been produced sold delivered and famished in strict compliance with all applicable taus ad ugulatiom to which the good sm subject The Seller shall rxeame ad deliver such documents as may be required to eR t or evidence compliance. All laws ad regulations required to be incorporated in agreements of this character are hereby incur smad herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither pay shall assign, number, or convey this order, or my manias due or to became due hereunder without the prior wrinen mound of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and it. famished in performance of this agreement, free and dear of my and all lien, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability end claims of any mtmr resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the damages. officers and employees ofsuch parry. The Sclices contractual obligations, including warmnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited to use any design, desire, m,derial or process covered by Imer, patent, trademark or copyright, Re, Seller sash indemnify and save hounds tar Purchaser From any ad all claims for infringement by reason of tae use of such TotaleJ damp. device, hadand of process in assuming with the common, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to any by reason ofsuch infdremrnt at any time during the prosecution or aM the completion of the work. In was said equipment, or any pan thereof or the intended use of the goods, is in such suit Feld to comtimm infringement and the am of said equipment or pan is enjoined, the Seller shall, at its own expense and al its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninflonging equipment, or modify it sat it becomes mainfingung. 15. INSOLVENCY. If the Seller shall become asmkeat or b rdemn, make an assignment for the bereft of creditors, appoint is macciver or mutee for any of the Sellers property or business, this order may foMwith be canMed by the Pmcboad without liability. 16. GOVERNING LAW. The definitions of teats used or the interpretation ofthe agreement and the rights of all panirs hereunder shall be onstmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herewdd, including the serrvicd of Sellers Represenative(s). on the premiss archon. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is filly completed and accepter ad shall. in u of any uccidenl, distinction or injury to the work and/or materials before Sellers fail completion ad accepance, complete the work at Sellds awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become rdponsible mentor as though such materials and/or equipment were being burnished by the Seller under the ondef. 18. INSURANCE. The Sella shall, at his own exparm. provide for the payment of workers compensation, including occu,doml disuse benefts, to its employees employed an or in duration with the work covered by this purchase gold, and/or to their depeodend m acem larnce with the laws of the state in which the work is to be done. The Seller Shull also curry comprehensive general liability including, but nun limited to, contractual and automobile public haddl it, insurance with bly injury oanda9 death limits of at ter 00COan O for y one person 0gW S50 for any one accident and property damage limit per accident of 54d000. The Seller shall likewise require his commictors, if any, to provide I'or such compensation and insurance. Before any of the Sellers or his commctors employees shall do any work upon the premises of others, the Seller shall fum6h the Purchsser with a certificate that such compensation and amounts M1ave been provided. Such cenilicars sbml specify me dare wbrn such compensation ad insurance have been provided. Such certificates shall specify the date when such compettsarion aid insurance expors. The Sella agrees that such em,grancention od mergence shah be maintained it after me entire work is compleded and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire unponsibilily and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from 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 my r all of the Purchasers officers, agents and employecs from and agates, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or paper in which the Pumboad may he put or subject by remain of any oct action, neglect, omission or default on the pan of tie, Seller, any of h¢ commems, or any of the Sellers or contmcmrs effects, agents or ernployces. In cue any suit or other ,.Win, shall be brought against tar Flanagan, or its officers, agents or employees at any time on account or by season of any act, refing, neglect omission or default of the Seller of my of his contractors or my of its or their aRcars, agents or employees as aforeuid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, an pay my and at I costs, charges, attorneys fees and other expenses, my and all judgment, that may be incurred by or obtained against the Pardoner or any of its or their officers, agents or employees in such suits or other pos eednge. and in case judgment or other lien be placed upon or obtained against Be property office Purchaser, or said probes in or as a result ofsuch suits or other proceedings, the Seller will at once muse the came to the dissolved and discharged by giving bod or othnwrise. The Seller and his contractors shall take all safety precaution, famish ad irsall all guard necesvry for the prevention of accidence, comply with all laws and megalith. with regard to safety iequirng, but wider, limitation, the Occupational Safety and Health Ad of 1970 ad all its ad regulations issmd prommal farm. Revised 03nolo