HomeMy WebLinkAbout113019 SUTHERLAND LUMBER & DESIGN GALLERY - PURCHASE ORDER - 9122072PO
PURCHASE ORDER 912207er Page
City of PURCHASE
9122072 1 of z
' `tCThis number must appear
` CollinsJ on all invoices, packing
slips and labels.
Date: 04/10/2012
Vendor: 113019 Ship To: NATURAL RESOURCES
SUTHERLAND LUMBER & DESIGN GALLERY CITY OF FORT COLLINS .
2100 E PROSPECT RD 200 W. MOUNTAIN
FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521
Delivery Date: 04/10/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
r Wood - cedar 1 LOT LS 6,500.00
Per quote dated 3-30-12
Total $6,500.00
91�1� Q. 0tt6—ok IZEL
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
Purchasc Ordcr Ternls and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By spmtc the Citv of Fort Collins is exempt from state nad local taxes. Our Exemption Number is
98-0-1502, FedmI Excise Tax Exemption Certificate of Registry 94-64100587 is registered with the Collector of
Internal Revenue. Denver, Cnlondo (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
Goads Rejected. GOODS REJECTED due to failure to offer specification. either when shipped or due to defects of
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written
instruction from the City effort Collins.
Inspection. GOODS arc subject to the City effort Collins inspection on arrival.
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 rcmcdics pmvidcd heein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for gonds hereunder or approval ofthe design shall not release the Seller of
any of the tramilics or obligations of this purchase water and shall not be deemed a waiver ofany right of the
purchaser to insist upon strict performance hercofor any of its rights or rcmcdics as to anv,such goods. regardless
of when shipped, received or accepted, as to any prior ar subsequent default hereunder. nor shall any purportal
oral ntrdificmina or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
boxer.
Final Acceptance. Receipt of the mcrchaudise. services or equipment in respensc to this nnlcr can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Tom Collins. However, it is In he undersiond that FINAL Seller and the Purchaser recognize that in actual economic practice, m,crcharges resulting front untilnust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violatinns arc in fact borne be the Pnrchnscr. T'herool'um. for good cause and as consideration for executing this
purchase under, the Scllcr hereby assigns to the Purchaser any and all claims it may nos, have or hereffef
Freight Tcros. Shipments must be F.O.D., City of Fen Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust lams for such evcrch arges relating to the particular goods or services
.the, se specified ran this order. If permission is given to prepay freight and charge separately, The original freight purchased or acquired by the Purchaser pursuanl to this purchase order.
bill most accompany invoice. Additional charges for packing wit] not be accepted.
Shipment Distance. Where nianuGcmrers have distributive points in arimts ,,is of (lie country, stop mcar is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall pmare it sellers sole cost all necessary permits. certificates nod licenses required by all
applicable ],,,. regulations, ordinances and rules of the state, municipality, territory, or political subdivision where
the work is perfomcd, or required by any other duly constituted public authority having jurisdiction over the work
of ver. dor. Seller Fort agrees to hold the City of Full Collins harank , from and against all liability and loss
incurred by them by reason of an assert or established violation of any such laws, regulations, onlinauccs, nines
sad requirements.
Authnriralion. 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 Purchasc Order expir ly limits acceptance to the firms and conditions stated
herein set forth nad any wpplcamnL ry or additional toms and conditions annexed hereto or incerpnmted herein be
reference Any additional or different terns and conditions proposed by seller are ohicated 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 fthe essence. Delivery and perfomuncc must he cRcced within the lime
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operatic as a waiver of this provision. In the event ofnm delay.
the Purchaser shall have, in addition to other legal and cquilablc rcmcdics, 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 control and o'ithmn its fault of negligence,
such acts of God. acts of ei v it or a ililary authorities, gm'emmental priorities, fires, strikes. flood, epi dam ice, omrs or
riots provided that notice of the conditions causing sneh delay is given to the Purchaser with in five (5) days of the
time o'hen the Scllcr first received knoo'Iedge 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 of the delay.
3. WARRANTY.
The Seller warrants that all goods, aft materials and wort: covered by this oiler will conform with applicable
drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
perfomcd with the highest degree of care and competence in accordance with accepted standards for work of a
similar nn0ue. The Seller agrees to hold the purchaser harmless front any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace, repair or make
good, without cost to the purchaser. anv defect, or faults arising within one (1) year or within such longer period of
limo as may be prescribed by law or by the toms ofany applicable wamnty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed). resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of gook by the Purchaser shall not
constitute a waiver ofany claim under this wam. my. Except as otherwise pmvidcd in this purchase enter. The Sellers
liability hereunder shall extend to all damages proximatcly caused by the breach of any of the foregoing wamntics
or guarantees but such liability shall in no event include loss of pmfits or loss of use. NO Ihl PLI ED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal leans by written change order
s, CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tears. other than legal terms, including additions to or deletions from
the gnnntiries on"mally ordered in The specifications or drawings. by verbal Or written change order. If any such
change affects the a eland due or the time of performance hereunder. an equitable adjustment shall be made.
fi. 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, sobject to any equitable adjustmem between the panics ns to any work or notorial, 11w. in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of tiw goods and/or work, for incidental or consequential damages, and that no such adustnacet he neck in
Four of file Seller with respect In any gook which arc the Scllcrs standard stuck. No such lcrnimomn shall relieve
the Purchaser or the Seiler ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTM ENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
R. COMPLIANCE WITH LAW.
The Seller wamnty that all goods sold hereunder shall have been pmduccd, sold, delivered and furnished in strict
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 a fact or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hcrcby incorporated herein by this reference. The Seiler agrees to
indemnify and hold the Purchaser hamlcc fmm all costs and damages suffered by the Purchaser as if result of the
Scllcr failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to bmonte dire hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller wmmnts fill1. clear and unrestricted title to the Pnrchnscr for all equipment. materials, and ifcros furnished
in perfommnee of Ibis agreement, free and clear of any and all liens, niviriclion . reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OULIGAT'IONS.
If the Purchaser directs file Seller to correct no co 1fonndog or dcfccrivc goods by a date to be ag ecd upon by the
Pnrehascr and the Seller.and the Seller thereafter indicates its inability or unwillingness to comp]y, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
cnsfs nssocintcd with such work.
The Seller shall release the Purchaser and its contractors of anv tier from all linbiliry ,ad claims of any native
mulling from the petition .... ce oLaeh work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Seller's contmcrel obligations, including wam. nty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perfomcd by'the Purchaser.
14. PATENTS.
Whenever the Seiler is required to use any design. device. material or process covered by letter. patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from unv and all claims for infringement
by reason of the use of such patented design, device, material or proccc in connection with the contract. and
shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of soh
infringement at any time during the prosecution or after the completion of the work. In case said equipment or
env pan thereof or the intended use of the goods, is in such sail held to constitute infringement and the use of
said equipment or pan is cninined, 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 hot
nnninfringing cquipntcnt, or modify it so it becomes nnninfringing.
15ANSOLVENCY.
If the Seller shall become insolvent no bardegn, make ran assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business. Ibis order may ferthw'i th be canceled by the
Pnrchnscr without liability.
Ifi. GOVERNING LAW.
The definitions oftcros used or the iawrpmrntion ofthc agreement nad The rights ofall parties hereunder shall he
constmed trader and governed by the laws of the Stale of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is In perfom work hereunder.
including the services of Sellcrs Repm,cautivc(s), ran the premises ofethers.
17, SELLERS RESPONSIBILITY.
The Scllcr shall curt} on said work at Seller's men risk until the same is fully completed and accepted. and shall.
in case of any accident. destruction or injury to the tank andlor materials before Seller's final completion and
nceMmuec, complete The work it Seller's own expense and to the satisL¢tion of the Pnrehascr. When materials
and equipment are furnished by others for insmllmimt car erection by the Scllee the Seiler shall rcccivc, unkind.
store and handle more at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the paymenl of workers compensation, including occupational
disease henc0is, to its employees employed on or in connection with the stork 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, bill not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of m ICTV S360,IN10 f r anv One person, S500.000 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 ,nipensifen and insurance. Before any of the Sellers or his contractors
employees shall de any work neon the premises ofethers, the Scllcr Sball furnish the Pnrehascr with a certificate
that such conrpensntion and instance have been provided. Such certificates sball specify the date when such
cramp ... otlon and insw.uncc have been pmvidcd. Such ccnificaw, shall Specify the date when such compensation
,,ad insurance expires The Seller agrees that such cotnpensatin l and insurance shall be maintained until after the
entire work is completed and accepted.
19. PRO-TECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby as,ennes the entire rcspnnsibility nod liability for any and all damage. Ins, or injury, effete kind
initiative s,h.t,,ocvcr to persons car Property caused by or resulting from the execution of the work Flow, idcd for in
this purchase under or in connection herewith. I lie Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers off,,es, agents ,it([ employees from and against anv and all claims, losses. damages.
charges or expenses. whether direct or indirect. and whether to persons or property In which the Purchaser may
be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his
contractors, or any of the Sellers or contractors officers, or employees. In case anv .suit or other
proceedings shall be brought against the Purchaser, or its nRccrs, agents or emptnyccs at any time on account or
It, reason of any act. action, neglect, mnissiot or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to
defend the ,,me at the Scllcrs own expense. In pay any and all costs, charges. attomevs fee, and other expenses.
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their nRccrs,
agents or employees in such suits or sober proceedings, and in ease judgment or other lien be placed upon or
obtained against the pmpcm of the Purchaser, or said panics in or as a result of such suits or other proceedings.
the Sel her will at once cause the same to be dissokred and discharged by giving bond or mhcrwisc. The Seller and
his contractors shall lake all mfcly prectnuions, furnish and install all gumds necessary for the preventim of
accidents, comply with all falls and regulations with regard to mfety including, but without limitation, the
Occupational Safety and Health Act of 1970 fad all mlcs and reg irtions issued pursonat thereto.
Revised 0312010