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HomeMy WebLinkAbout130163 EMPIRE CARPENTRY LLC - PURCHASE ORDER - 9117198City of Fort Collins Date: 03/3012012 Vendor: 130163 EMPIRE CARPENTRY LLC PO BOX 245 BELLVUE Colorado 80512-0245 PURCHASE ORDER PO Number Page 9117198 10f4 This number must appear on all invoices, packing slips and labels. 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 1 Linden Project 1 LOT LS SCOPE OF WORK This project will generally be completed in the following steps: 35,000.00 A. Restoration and rehabilitation work on the exterior facade to be performed by the Restoration Contractor 1. Remove metal storefront including windows/ doors and board -up as needed. Recycle all possible parts of the demolished storefront. 2. Confirm (through ghosting, photos and hidden materials) the original storefront make-up. 3. Manufacture & install new frames for window and door systems as per drawings by AE designs. Frames will include lower paneling as required. 4. Manufacture and install 2 new doors similar in style to original doors. 5. Manufacture and install new window sash and glazing to complete storefront. 6. Manufacture and install awning across storefront similar to original. 7. Prime or seal any bare wood occurring during rehabilitation work. 8. Paint west exterior with one coat of primer and 2 coats finish paint. 9. Repair Interior electric and finish disrupted by exterior work. B. Restoration and rehabilitation work on the upper floor to be performed by the Restoration Contractor 1. Remove non -historical sidings and trim. 2. Confirm (through ghosting, photos and hidden materials) the original storefront make-up 3. Manufacture and install trims & siding, similar to original. 4. Manufacture and install beam system to support upper bay window, including removal of bay soffitt and wall system to allow insertion of beams into framing of 2 nd floor system. 5. Repair floor blocking after beam placement and enclose. 6. Manufacture and install three awnings over upper windows, similar to originals. 7. Repair Interior electric and finish disrupted by exterior work. 8. Remove existing sashes and clean offsite for repair. 9. Repair work on sashes will include: tighten joints as needed, repair rot with a 2 part epoxy process, wood " Dutchman" approach or replace (if needed) with old growth stock. C3. Oi'lasQlf— 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of art Collins PURCHASE ORDER PO Number Page 9117198 2of4 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 10. Scrape any loose paint on frames and trim. 11. Replace missing and broken window panes. 12. Repair glazing as needed. Bed glass in glazing compound, if replaced. 13. New weatherstrip where existing has failed. 14. Procure similar hardware to original and install where missing. 15. Rehabilitate other exterior pieces, such as sills and exterior trim, as needed. 16. Re -install all removed sash. 17. Prime or seal any bare wood occurring during rehabilitation work. 18. Paint west exterior with one coat of primer and 2 coats finish paint. 19. Fixed sashes will be repaired in place. " The contractor acknowledges that the project which is the subject of this agreement is being funded in part by a grant from the Colorado Historical Society, State Historical Fund (Society). THE CONTRACTOR AGREES THAT, IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THE GRANT CONTRACT AND THIS AGREEMENT, THE TERMS OF THE GRANT CONTRACT SHALL PREVAIL. All products that are submitted to the Society either by the contractor or the owner will become matters of public record. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, The contractor HEREBY GRANTS TO THE SOCIETY, FOR all Copyrightable materials and/or submittals developed or produced under this contract, a royalty- free, nonexclusive, and irrevocable license to reproduce, publish, display, perform, prepare derivative works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use, the work or works for Society and/or State Historical Fund purposes." Prohibition Against Employing Illegal Aliens . Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the " e-Verify Program" ) or the Department Program (the " Department Program" ), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the " Department" ) made in the course of an investigation that the Department undertakes or is 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9117198 3 of 4 ' `t Collins This number must appear " 1 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8- 17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Services are within the SHF contract start and end date and shall start no earlier that November 15, 2011 and be completed no later than November 1, 2013. The purchase order is for work included in the SHF contract Scope of Work. The work performed must meet the Secretary of the Interior' s Standards for the Treatment of Historic Properties. All invoices for work shall contain a calculation used to determine value of work. C3. Oi'lwo-Q� 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 Total Invoice Address: W City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 4 of 4 I. COMMERCIAL DETAILS, Tax exemptions. By a m e the City of Fort Call ins is exempt fmm stare and local taxes. Our Exemption Number is 98-f,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000557 is registered with the Collector of Internal Res care, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions form the City of Fen Collins. Inspection. GOODS arc subject to The City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomancc of the maw and conditions hereof, failure or delay to exercise any rights or rcmcdics provided herein or by law, failure to promptly nntifv the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Sellcrrof any of the warranties or obligations of this purchase order and shall not be dcemcd a waiver of nny right of the purchnscr to insist upon strict performance hconforany of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported nnl modification or rescission of this purchase order by the Purchaser operate as n waiver of any of the terms hcterf. 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 pat of the City of Fort Collins. However. it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion nfall applicable required inspection procedures. violations arc in fact home by the Purchase, Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may nmv have or Innea0cr Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St.. Fan Collins, CO 90522, unless acquired under federal or state antitmst laws 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 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 pans of the country, shipment is Hthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when purchnscr and the Scllcr,and the Seller thereafter indicates its inability or uno llingoess to comply, the Purchaser shipments arc made fmm greater distance. may cmwc the work to be performed by the most cxpeditiovs means available to it and the Scllcr shall pay all casts r"weimed with such work. Permits. Seller shall procure at sellers sale coat all necessary permits, certificates and licenses required by all applicable laws reg lmions, ordinances and ales of the state, municipality, territory or political sabdivi Sinn where the work is performed, or required by any ether duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fen Collins harmless form and against all liability and less incurred by them by reason of an asacned or established violation of any such laws, regulations, ordinances. rules and requirements. Authorimlion. All panics to this contract agree that the representatives 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 supplementary or additional hums and conditions annexed hereto or incorporated herein by reference. Any additional or different temrc and conditions propased by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to tortes on your promised delivery date as noted. Time is lithe essence Delivery and performance most 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 panial late deliveries. shall operate as a waiver of this prevision. In the event ninny delay, the Purchaser shall have, in addition to other legal and equitable memedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Howc,a. the Seller shall not be liable for damages as a result of delays due to causes not reasonably forese mble which arc beyond its reasonable control and without its fault of negligence. such acts ofGnd. acts ofeivil or military authorities, governmental priorities, fires, strikes. food, epidemics, wars 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 Seiler first mccivcd knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe 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/err other descriptions given, will he fit for the purposes intended, and Perforated with the highest degree of care and competence in accordance with accepted standards for work of n similar mums. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may wffer or incur on account of the Sellers breach of warmnty. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Pennd of time as may be prescribed by law or by the terms of any applicable warranry provided by the Seiler uficr the date of acceptance of the goods furnished Immi nder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or nmtcrials famished by the Scllcr. Acceptance or use of goads by the Purchaser shall not eonstilute a waiver ofnny claim under this warranty, Except ax otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all dnmagcs proximately caused by the breach of any of the foregoing svarmntics or guarantees, but such liability shall in no event include loss of pmfts or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal screw by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal term, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or %,ritwn change order. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. 0. 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 wark or materials then in pmgrec provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncempleted 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 goad which arc the Scllcrs 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 most be asserted within thirty (30) days form the date the change or tcmtination is ordered. S. COMPLIANCE WITH LAW. The Seller wareants 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 decu ncrus as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc herchy incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdcss from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Irv. Q. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrincn consent of the other parry. 10. TITLE. The Seller w'nrmnts full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in pefarmance of this agreement, free and dear of any and all liens, restrictions. reservations. 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 nature resulting from the perfnnnnnce ofsuch work. This release shall apply even in the Bent of fault of negligence of the party released and shall extend to the directors, officer, and employees of such any. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any may, because such work is perforated or caused to be perforated by the Pa¢hnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered byletter, patent, trademark or copyright, the Seller shall indemnify and save bareness the Purchaser from any and nil 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 cost, expense or damage which it may be abliged to pay by mason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof at the intended use of the good, 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 placate for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignment for the benefit of crntinrs, appoint a receiver or tmsice for any of the Sellers property or business, this order may forthwith be canceled by the Pmchascr without liability, 16. GOVERNING LAW. The definniens of moon, used at the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases vhuc the Seller is to perform work mmondr. including the services of Sellers Reprcsentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall eery on said work at Scllcrs own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pnrchanar. When materials and equipment arc furnished by others for installation or erection by the Scllcr, the Scllcr shall receive, ordeal, store and handle same at the site and become responsible therefor as though such mme,mls and/err equipment were being furnished by the Scllcr under the order. IR. INSURANCE. The Scllcr 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 ardor, and/err to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m least 5300,000 fro any one person. S500,000 her any one accident and property damage limit per accident of S400.000. The Seller shall likneisc require his contractors, if nny, 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 Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when arch compensation and insurance have bmn provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such contpcnsation 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 er injury ofnny kind or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided far in this purchase arderor in connection herewith. The Selicr will indenmify and hold hamdess 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 persons or property to which the Pumhoscr 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 Scllcrs or contractors officers, agents at employees. In ease any suit or other proceedings shall be brought against the Purchaser, ar its officers. agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller ofmy of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assame the defense thereof and to defend the s.nre nt the Sellers own expense, to pay any and all costs, charges, attorney, fees and other expenses, airy and all judgments that may be insured by or obmincd against the Prrchncr or any of its or Their oflicem. agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the p ni cry of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissohcd and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and install all guards necessary for The prevention of ,accidents, comply with all laws and regulation with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010