Loading...
HomeMy WebLinkAbout113019 SUTHERLAND LUMBER & DESIGN GALLERY - PURCHASE ORDER - 3212248PURCHASE. ORDER PO Number Page City Of3212248 ' of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 113019 Ship To: WATER UTILITIES SUTHERLAND LUMBER & DESIGN GALLERY CITY OF FORT COLLINS 2100 E PROSPECT RD 700 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 Blanket Order Utilities City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxis. Our Exemption Number is 11. NONWAIVER. 98-04562. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure of the Pnehaser to insist upon strict perfomtanec ofthc terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), a<crcise any rights nr remedies provided herein or by Ire. failure to promptly notify the Seller in the event of n breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, eilher 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 renamed to von for credit and are not to be replaced except upon receipt of written purchaser to insist open strict performance hcrcefor any Offs rights or remedies as to any such goods, regardless instructions from the City affair Collins. of when shipped, received or accepted, 1.5 to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teen Inspection. GOODS are subject to the City of Pon Collins inspection on arrival, hereof. 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 be understood that FINAL Seller and the Purchaser recognize that in a nod economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofa11 applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St. Fort Collins, CO 80522, unless acquired under federal or .state antitrust laws for such overcharges relining to the particular goods or services otherwise specified on this order If pcmmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be 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 nonconfimming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or mi illimmess to comply. the Purchaser shipments arc made from greater distance. may cause the work to be pcdonoA by the most expeditions means available to it, and the Seller shall pay all costs associated with such nark. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable Imes, regulations. ordinances and rules optic 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 vcount. 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 any .such laws, regadations, ordinances, rules and requirements. Autheric Lion. All panics to this contract agree that the representative are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any ntpplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 anted. Time is of the essence. Delivery and performance must he effected within the time stated oa the purchase order aid the documents attached hereto, No acts of the Purchasers including, without limitation, acceptance of partial [,ire deliveries, shall operate as a waiver ofthis provision. In the event ofany 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. Ilmvever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligencc, such acts of God, acts ofeivil or military authorities. governmental prianties, fires. stakes, flood, epidemics, wars 0, 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 thence E In the event of any such delay, the Elite of delivery shall be extended for the period equal to the time actually lost by reason of the 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 conference in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Inns, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warnity. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (I) 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 Scllcr 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 furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim nndu this waarranry. Except is otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liabilityshall 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities onginally ordered in the specifications we drawings, by verbal or ontbo change order If any such change affects the amount due or the time of perfommanew hereunder. an equitable adjustment shall be code. 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 panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits 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 SET let with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the SO let 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 front the date the change or terearation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder 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 Imes and regulations required lobe incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamiless firm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 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. IO.TITLE, The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment. materials, and items Finished in perfnrmance of this agreement, free and clear of any and all liens. restrictions rescrvalians, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchiscr and its contractors of any tier fmm all liability and claims of anv nature resulting 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 the directors, officers and empinyces of l nch party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is petfmmmpl or caused to be perfonmd by the Purehascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. patent, bodcmark or copyright, the Seller shall indemnify and save harmless the Purchaser bromine 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 Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or a er the completion apple work. In case said equipment. or any pan thereof or the intended use of the goods, is in such still 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 pans, replace the same with substantially equal but n enifiringing equipment, or modify it so it broomcs anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers 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 of the agreement and the rights of ill panics hereunder shall be eon,amM under and governed by the Imes efthc State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Scllcrs Reprcsentative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own nsk until the same is fully completed and accepted, and shall, in case of oily accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials ,and equipment are furnished by others for installation or erection by the Scllcr. the Seller shall receive, unload, emre wad handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shall, at his own expense. provide for the payment ofwmkers compensation. including nmapatiernal disc.... 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, contractual and automobile public liability insurance with halily injury and death limits of at least S300,000 for any one person, S500_060 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall flimish the Purchaser with a certificate that such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained 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 or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthc work provided for in this purchase order or in connection herewith. The Seller Will indemnify and hold harness the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges ar expenses, whether direct or indirect, and whether to persons or property 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 contmclors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purehascr, 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 agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, atterne s 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 ease judgment or other lien be placed area or obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cane the same to be dissolved and discharged by giving bond or otherwisc. The Seller and his contractor, shall take all safety precautions, fumish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, bill without limitation, the Occupational S..fcty end Hcalth Act of I970 end all roles and regulations issued pursuant thereto. Revised 03/2010