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HomeMy WebLinkAbout292606 STILO ENTERPRISES - PURCHASE ORDER - 3215159PURCHASE ORDER PO Number Page City of PURCHASE 5159 t or 2 ' `F6rt Collins/ on all invoices, pacst king �I " on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 292606 Ship To: STREETS DEPARTMENT STILO ENTERPRISES CITY OF FORT COLLINS PO BOX 358 625 NINTH STREET LOVELAND CO 80539 FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2015 CONTRACTUAL 1 LOT LS 30,000.00 PER TERMS AND CONDITIONS OF BID 7355 AND 7564 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. 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 Total $30,000.00 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 DETAILS. Tax exemptions. By statute the Ciry of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS MEMO due to failure to men specifications, either when shipped or due to defects of damage in transit, may b, mumed to you for credit and are but to be replaced except upon receipt of correct instructions from the Ciry ofFort Collins. Inspection. GOODS are subject to the City of ran Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, rewicas or equipment in rapone, to this order can result in sudwnaed payment on the pan of the City of Fan Collins. However, it is to W understood Ed FINAL ACCEPTANCE is dependent man completion afall applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless oherwfse specified oa this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dindbming pains in wants parts of the comity, shipment is expected from the nearest distribution point as destination, and excess freight will be deducted fmm Invoice when shipments are made fmm greater ti s.. Permits . Seller shill procure at sellers sole cast all necessary pennies, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofdue state, municipality, territory 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 further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and rcywrements. Anni m action. All panes to this contract agree that the represmtarives are, in fact, bona fide and possess full and complete amhonry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foM and my supplementary u additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely if you cannot make complete shipment to arrive m your promised delivery dam as noted. Time is of the essence. Delivery and Performance must be arrested within the time stated on the purchase order and the documents anac6ed hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the 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 are beyond its reasonable corcul and without its fault of negligence. such acts official acts of civil or military authonnes, govemmmta priorities, fires, strikes, flood epidemics, wars or now provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time ohm the Seller first received knowledge duet.[ In the event of any such delay, the date of delivery shall he extended for the p=nd equal to the time actually Ian by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, amides, 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 accordance with accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or inew on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) yeti or within such longer period of time as may be prescribed by law or by the terms of my applicable wanmry provided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not be unreasonably deliver), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except ex otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of de foregoing ...ow or guarantms, but such liability shill in no event include loss of pro6s 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 to legal terms by warlen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms. other than legal terms, including additions to or deletions from due quantities originally ordered in the specifications or drawings, by verbal or wooer change order. If my such charge affe s the amount due or the time of perfomrance he retarder, an equitable ad, us idem shall IN apple. 6. TERMINATIONS. The Purchaser may at my time by written change order, laminate this agreement as to any or all portions of the goods then not shipped subject to my equitable adjustment between the parties u to my work or materials then is progress provided dun the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted decided of the goods author work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers war dard stock. No such termination shall relieve the Purehaser ar the Seller of any of their obligations as m my goods delivered hereunder. Y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thins (30) days from the date die change or termination is ordered. 8_ COMPLIANCE WITH LAW. The Sellar warrens that all good sold hereunder shall have been produced said. delivered and furnished is send compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect of evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller allures to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchuer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shill assign, transfer, or come, this order, or my moth. due or to became due hereunder without the poor wrinm consent of due other parry. 10 TITLE The Seller warrants full, clear and unrestricted title m the Purchuer for all equipment, materials, and Hems famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the mceprance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the vruranues or obligations of this p.&.a order and shill not ber demand a waiver of any right of the purchaser to insist upon strict performance hereof or any of its nghs or remedies u to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my patponed and modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Puchaser recognim that in zcmal economic practice, overcharges resulting from warrant violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or want mmruvt laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser threes the Seller to correct nonconforming or defective goods by a date to 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 .,it m be Perfotmed by the most expeditious moons tradable to it and the Seller shall pay all owes associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature exulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to she directors, oP¢ars and employees of such parry. The Settees contained obligations, including warranty, shall not be deemed to be reduced, in any way, because such .,it is performed or caused to be performed by the Purchaser. 14. PATIENTS. Whenever the Seller is requiredto use any design, device, material or process covered by Inver, patenl, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in correction with the contract and shall indemnify the PurAuser for my cost, expense or damage which it may be obliged to Pay by reason of such infringement at my time during the prosecution or after the completion of the work. In care said equipment or my pan thereof or the intended use of de goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or puts, replace the same with substantially qual but noninfi ngng equipment, or modify it so it becomes noninLringing. 15. INSOLVENCY. If the Seller shill become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a raceiver or trustee for my of rue Sellers Pomeroy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tents used or the interpretation of the agreement and the rights arch parties hereunder shall be construed ender and goveme l by the laws of the State of Colorado, USA. The following Additional Courts. apply only in cues where the Seller is m perform work hereunder, including the servicesof Sellers Represents ive(s), on the premises of others. IL SELLERS RESPONSIBILITY. The Seller shall caner on said work at Sellers own risk coal the same is fully completed and accepted, and shall, in use of my accident, destruction or injury to the work and/or matenals before Settees Gnat completion and weeptmce, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When nationals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, and handle same at the site and become responsible therefor as though such mpenils rotor equipment were being famished by the Sailer under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, cono-mtual and automobile public liability insurance with bodily injury end death limits of re 1—c 5300.00o for any one person, $500,000 for any one accident and propery damage limit per accident of S400,000. The Seller shill likewise acquire his meters. Carry, to prmide for such compensation and insurance. Before my of the Sellers or his contractors employees all do any work upon the premises archers, the Seller shall Finnish the Purchuer with a certificate that such compensation and insurance have been provided. Such comficares shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and manatee expires. The Seller agrees that such compensation and insurance shall be maintained untll after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usuma the =tire responsibility and liability for my and all damage, loss or injury of my 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 the Purchaser and my cr all of the Purchasers officers, agents and employees Earnand against my and all claims, losses, damages, harges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of my act action, r egl.t omission or defmlt on the pm of the Seller, any of his wnmetors, or any of the Sellers or contractors officers, agents at employees. In case my seat or other proceedings shell be brought against the Purchaser, or its officers, agents or employees at my time an account or by reason of my or, action, neglect, omission or default of the Seller of any of his contractors or my of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all cases, charges, amomeye fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchuer, or said panes in or as a result of such sws or other proce dings, the Seller will . once cause the same to be dissoled and discharged by giving bond or otherwise. The Seller and his cum actors shall take all safety instruments, famish and instal all guard necessary, for the prevention of accidens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations Issued pursuant thereto. Revised 07f2014