HomeMy WebLinkAbout523946 CALE AMERICA INC - PURCHASE ORDER - 9145027Fort Collins
PURCHASE ORDER
Date: 09/0212014
Vendor: 523946
CALE AMERICA INC
13808 MONROE'S BUSINESS PARK
TAMPA FL 33635
PO Number Page
9145027 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
Delivery Date: 09/02/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Per agreement dated 8-28-14
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
1 LOT LS
11,445.00
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 DEIFAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04501 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Criterion of
Failure of the Purchaser In insist upon reset 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 comedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment far gods hereunder or app,a,.l of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifcatims, either when shipped or due to defaces of
any of the wamamies or obligations of Nis Purchase order prod shall p1 be doormat a waiver of any night of the
damage in transit, may be retuned m you for credit and are nos to be replaced except upon receipt of wrinrn
Purchaser in insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of rohan shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any imported
.oil modification or rescission of this pu b se coder by the Purchaser error. as a waiver of any of the terms
Inspection GOODS are subject to the City of Fort Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services m equipment in rewpowe to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However iI is to be understood but FINAL
Seller and the Purchaser recognize that in actual economic w practice, emhargea resulting from antitrust
ACCEPTANCE is dependent upon completion ofallapplicable required inspection procedures.
viulmions arc in fact bore by the Purchaser. Theremf«,for good cause and as consideration for caroming this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tema. Shipments most be F.O.D, City of Fort Collins, 700 Wood SI_ Fort Collins, CO 80522, unless
acquired under federal of to antitrust taus far such overcharges relating to the particular goad or services
otherwise speeifed on this order. If permission is given to prepay freight and charge sepuzmly, the original freight
purchased or acquired by the Purebaser purstrand to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
Id. PURCHASERS PER FORMANCb: OF SELLERS OBLIGATIONS.
Shipment Distance Where nonufrearmis have distribute, prints in vurm. pans of the country, shipment is
If he Purchaser directs the Seller to career nonconforming or defective grad by a date to be agreed upon by the
enpecled form the gores, dishibmion point 1. destruction, and excess freight will be deducted Even Invoice when
purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, Ne purchaser
shipments are made from greater distance.
may cause the work to her performed by the most expeditious me. mailable to it. and the Selltt shall pay all
posts associardl width such work.
Permits. Seller shill mcum a1 sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules ufthe state, municipality, territory, or political suhlivision where
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any pure
the work is performed, or required by any other duly concluded public authority haviogjunseliction over the work
resulting from the performance ofsuch work.
of vandor. Seller father agrees to hold the City of Fan Collins mandeas form and agaimt all liability and loss
incured by them by reamn of an asserted or established imitation of any such laws, negulaliors, rdipncrs, tales
This reform, shall apply even in the event of fault of negligence of the party released and shall extend to the
and requiremt
ducamm. eHicers and employees afsnch pony.
Authorization. All panics to this contract agree that the representatives am, in fact, bona fide and possess full and
The Sellers contractual obligations, including warranty, shall not be deemed to be, reduced, in any way, because
omplere authority to bind said panics,
such work is performed or caused Is be performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
hereto set Fong and any eupplenenary or additional terms and conditions annexed herein m creargerved herein by
reference Any additional or different mmrs and conditions prepared by seller are objected to and hourly rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery 6 m as noted. Time is of the essence. Delivery and pert trance must be eReaaed within the time
slated on the purchase order and Ore disappears evenhad hotel.. No vd5 of the Purchase. including, wiffew
limitation, acceptance affront late deliveries, at operate m a waiver of Nis provision. In the event of any delay,
the Purchaser shall have, in addition to of legal and ryuitable remedies, the option of placing Nis order elsewhere
and holding the Seller liable for damages. llowwer, the Salle shall not be liable for damages as a rtsulf of delays
due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence,
such acts of God, acts ofcivil or pelvary Duffimilies, gw'emmentnl priorities, fires, strikes, flood, epidemics, was or
riots 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 therof. In the event of any such delay, the dale of delivery shall btu
extended for the period equal to the time actually lost by reason ofthe delay.
d. WARRANTY.
The Seller wanants that all goods, articles, mamrials and work covered by this order will conform with applicable
drawings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, rat
performed with the highest degree of exam pnd or., ce in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hmmless form any lass, damage or expense which the
Purchaser may super or incur on account ofthe Sellers breach of warranty. Ile Seller shall replace, repair or make
good, without cast to the purchaser, any defaes or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dam of
acceptance of the good f vershal bereturder (acceptance not to IN unreasonably delayed), resulting from imperfect
or defective worst done or mrerials familial by the Seller . Acceptance or use of goods by the Purchaser shall not
institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability bureau&, shall extend io all damages proximately caused by the breach of any of the foregoing warranties
or gpnnlees, but such liability shall in no event include lass 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 10 legal terns by wriRrn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal from, including additions to or delchom from
the quatitics originally ordered in the speciticrions on drawings, by verbal or written change order If any such
change aRects the amount due or the time ofperfomrpce hereunder, an earmuff, adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wnnen change mile,, larmipm this peening as m any or all poniom of the
grads then not shipped, subject to any cquilable adjumnant between the parties as to any work or materials then in
progress provided that the Pu elutser shall not be liable for any claims for anticipated profies on the mocmplelnl
portion ofthe goods major work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Seller with respect to any goods which are late Sellers slaotkard stock. No such man iption shall relieve
the Purchaser or Ne Seller of any oftheir obligations. to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment main be asserted within thirty (30) days from the date the change or termination is
mdered.
8. COMPLIANCE WITH LAW.
The Seller warrant, that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and
deliver such documents as may he spur d to effect or evidence compliance. All laws and ragulatiop required to be
incapomted in agreements of this character are hereby iocoryanted herein by Nis rxfi, e. The Seller agrees an
indemnify and hold the Purchaser harmless form all posts and damages suffred by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, confer, or pomey this order, or any monies due or m become due hereunder without the
prior sorrows commord ofthe other parry.
ID. TITLE.
The Seller warrants full, clear and immemorial title to the Paccloom for all equipment, materials, and items famished
in performance of this agreement, free and clan of any and all lies, reaoicuam, reservations, aeetnriry, internal
encumbrances and claims of others.
14. PATENT S.
Whenever the Seller is... an[ to use any design, device, material or process covered by leper, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for management
by reason of the are of such patented design, dm'ice, motor or preeess in connection with the contract and
shall indemnify the PurcM1ucr for any cost, espcnse or damage which it may to obliged to pay by reason ofsuch
infringement at any time during the parmcdon or after the completion of the work. In case said sacrament, or
any part thereofor the intended use of the goods, is in such spit held m remaim r infringement and 1be use of
said equipment or pan is enjoined, the Seller shall, a1 its crop expetue and at its option, either procure for the
Purchrer the right to continue using said cgaipm al or parts, replace the same with substantially equal but
ooninGnging equipment or modify it so it becomes noninfrin, ing.
15. INSOLVENCY.
If the Seller shaft become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a
or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Puo:huer without liability.
16. GOVERNING LAW.
Ile definitions ofmrms used or the interpretation of the agreement and the rights mall parties hereunder shall be
command under and govrmed by fire laws ofthe State ofColondo, USA.
The following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Rep r enmrive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall nary on said work at Sellers own risk writ care same is fully completed and accepted, and shall,
in nose of any accident, detention or injury to the work anchor materials befone Sellers final completion and
acceptance, complete the work at Seller's awn expense and m the satisfaction ofthe pmdawer, 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 responsible therefor aw though such nmteriab anchor equipment
were being fumubed by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, as its employees employed on or in connecion with the work covered by this purchase order,
maker to their dependenls in accordance with He laws of the sure in which the work is to IN dorm. The Seller
mall also carry rompreherrwive general liability including, but riot limited to. commoverr and amomobda public
liability insurance wish buddy injury and death limits of at least S300,010 for any one parser, S500,000 Ter any
accident and property damage limit For accident of 5400,11111E The Seiler shall likewise require his
omrdetors, if any, to provide for such compensation and insumae. Before any of the Sellers or his contractors
employees shall do pay work upon the premises of ,he., the Seller shall famish the Purchaser with is renifivare
that such compensation and irrsumnce have been provided. Such c ffi ficarrs shall specify the date when such
ompencestion and insurance have been provided. Such oertifica ru shall specify the date when such compensation
and insunnce expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire week is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability fix any and all damage, loss or injury ofany 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 harmless late Purchaser and any
r all of the Purchasers olBcam, agents and employees form and against any and all claims, losses, damages,
charges m expenses, whether direct or indirect, and wherhro m parmas or amperty m which the Purchaser may
to put or subject by rwson of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or commums otficars, agents or employees. In caw any suit or other
proceedings shall be bought against the Purchaser, or its officers, agents or employees at any time on amount or
by reamn of any act, armor, neglect omission or default of the Seller of any of his contractors or any of its of
their officers, agents of employees as aforesaid. the Seller hereby agrees Is assume the defense thereof and an
defend the same m the Sellers own expeme, in Pay any and all cwu, charges, a0omeys fees and other expenses,
any and at I judgments that may be, incurred by or obtained against the Purchaser or any of it, or than officers,
agents or employees in such suits or other proceedings, and in case judgmear or other Iran he placed upon or
abuined against the property offer Purchaser, or said parties in or aw a result of such suits or office proceedings,
the Seller will or once cause the same 10 be dissolved and discharged by givi, bond or otherwise. The Selltt and
his contractors stall lake all safety pfix mions, famish and mull all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant Nerelo.
Raised 0)R014