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HomeMy WebLinkAbout130163 EMPIRE CARPENTRY LLC - PURCHASE ORDER - 9117198PURCHASE ORDER PO Number Page City of 9117198 1 of z ' `t Collins OlI ns Thill invoic s number must appear ` on aes, packing slips and labels. Date: 12/05/2011 Vendor: 130163 EMPIRE CARPENTRY LLC PO BOX 245 BELLVUE Colorado 80512-0245 Ship To: NEIGHBORHOOD & BUILDING S CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 12/02/2011 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Linden Project c3. oi'l�:aQ s� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 1 LOT LS 35,000.00 Total 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 stamtc the City of Fort Collins is exempt from state and local taxax.Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of ilm Purchaser to insist upon strict perfommanee of the tarots 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 Immin or by law, failure to promptly notify the Seller in the event of a brcnch. the iceeptarce ofor payment for foods hereunder or approval of the design, shall not release the Seller of Goals Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict Performance hrceforany 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 any purported trial mall fcation or rescic ion of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. ha"of. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmealores. violations are in fact borne by the Purchaser. Theretofore, for ,and cause and as consideration for executing this Purchase color. the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.A., City of Fort Collins 70n Wood St.. Fan Collins, CO R0522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquirer/ by the Purchaser musuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. m Shipment Distance. Where manutaerers have distributing paints in various pans of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming or defective grads byndate to be agreed upon by the expected from 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 arc made From greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Taus, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constimtcd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against a1I liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorimation. All panics to this contract agree that the representatives arc, in fact. bona Ede and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms rind conditions stated herein set forth and any supplementay or additional terms and conditions annexed hacto or incorporated herein by reference Any additional or dif "rent have; and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delivai"s, 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 order clsavherc and holding the Seller liable for damages. However. the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, governmental priorities, rims. strikes food, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay, the date of deliveryshall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, wi11 be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with aoccprcd standards far work of a similar nature. The Seller agrees To hold the purchaser lum lkse from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable ounivary provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), 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 fany claim under this warranty. Except as otherise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of rose ofthe foregoing wamanties or guarantees, but such liability shall in no even) include loss ofpmrits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions four the quantities originally ordered in the .specifications or drawings, by verbal or wTumn change order. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days From the date the change or termination is mdani. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hcravvld shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated hainn by this reference. The Seller agrees to indemnify and hold the Purchaser hnmdcss from all costs and damages suffered by the Pnrchascr as a result optic Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment, mataiak, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, rescrvmio u, .security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any notmc resulting from the Performance ofmch work. This release shall apply even in the event of f,'nth of negligence of the party released and shall extend to the director, trfficas and employee, of such party. The Seller's eorancnml obligations, including warranty, shall not be deemed to be reduced, in any way, bccmtsc such work is perfomred or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by [ever, patent, trademark or copyright, the Scllcr shalarm l indemnify and se ham the Purchaser fromen m any and all claims for infringet by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pnohaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the proseanion or after the completion of the work. In case 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 Scllcr shall, at its own expense and at its option, either procure for the Pnrchascr the right to continue using said equipment or parts, replace the same with substantially equal but tan infringing equipment, or modify it so it becomes mnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or ban ompt, make an assignment for the benefit of creditors, appoinT a receiver or trostec for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constroed under rind governed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to parmm work hereunder, including the son ices of Scllcrs Repmscnative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dcstmction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc 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 as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE The Seiler shall, at his own expense. pmvidc for the payment of workers conmpensation, including occupational disease bacral. to its employees employ"] 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. contractual and automobile Public liability insurance with bodily injury and death limits of at (cast 5300,000 for any one person, S500,006 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his commeras, if any, to provide for such componsatinn and msurina. Before any of the Scllcrs or his contractors employees shall do any work upon the promises of ethers, the Seller shall furnish the Purchaser with a anifeate that such compensation and insurance have been provided. Such ocrtificarcs shall specify the date when .such compensation and insumncc have been provided. Such ecnificams shall specify the date when such comp"nsmlon and insurance expires. The Seller agrees that such compensation and insumncc shall be nminained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss m injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order Or in connection herewith. The Scllcr will indemnify and hold hamdcss the Purchaser and any or 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 pawns or propcny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or eortmctnrs officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agaves to assume the defense thereof and to 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 incurred by or obtained against the Purchaser or any 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 ofthe Purcurer, or mid panics in or as a result ofsuch suits or other proceedings. the Scllcr will at Once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards amcssap' for the prevention of accidents, comply with all lasers and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thcran. Revised 0312010