HomeMy WebLinkAbout130163 EMPIRE CARPENTRY LLC - PURCHASE ORDER - 9143153Fort Collins
Date: 06/06/2014
Vendor: 130163
EMPIRE CARPENTRY LLC
PO BOX 245
BELLVUE CO 80512-0245
PURCHASE ORDER
PO Number Page
9143153 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: COMMUNITY DEV 8, NEIGHBORH
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 06/06/2014 Buyer: JOHN STEPHEN
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Stover Mansion Grant
Project #2014-M1-028
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@fogov.00m
1 LOT LS
47,590.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemption. By sratute the City of Fon Collin is exempt from sure and local taxes. Our Exemption Number is
98-04502. fidefel Excise Tax Exemption Cenifvide of Registry 54 6000s81 is registered with the Collector of
Intern] Revenue, Drover, Colorado (Ref Colorado Revised Sources 1973, Chapter 39-26, 114 (a).
Goads Rejected, GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of
damage in unit, may be resumed to you for credit and are not to be roplasxd except upon receipt of written
instruction from the City of Fort Collins.
Inspection. GOODS ore subject to me City of Fon Collirss misestimation arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can
result in
authorized payment on the pan of the City of Tom Collins. However, it is to be understood NatFINAL
ACCEPTANCE; is dependent upon completion of all applicable required inspection procedures.
Freight Perms. Shipments must be F.O.U., City of Fun Collins, 700 Wood St.. Fort Collins, CO 80522, unless
mhoosiac specified! on his order. IfpermiVion is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacwrers have distributing Winos in varman, pans of the connrry, shipment is
expected from the surest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made form grafter distance.
Permits. Seller shot! practice at sellers sole cost all necessary pennies, cenifcates and Roamer required by all
applicable laws, regulations, ordinances and rates of the sum, municipality, territory or political subdivision where
the work is fragmental, or acquired by any other duly Nominated public minority having jurisdiction over the work
of vendor. Seller furtha agrees to hold the City of Pon Collin !ureters from and again all liability and loss
incurred by them by reason of an assents or nablished violation of any such laws, regulation, originators, macs
and requirements.
Aulhonsonim. All monies to this contract agree that the represenutives are, in fact, Iwter fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limns accordance to the reams and ...dilions sited
herein set Posh and any supp case nary or additional terms and conditions ammxM hereto or incorporated herein by
reference. Any additional or diRermrterms snit riouni... proposed by sell., are objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immedialeay if you cannot make complete shipment to arrive on your
promised delivery dote as noted. Time is at the essence. Delivery and perfommncc must be eReaed within the time
soured on the purchase aver and the documents amached hereto. No as of the Pureha ax including oadmul
limitation, acceptance afpanial late deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall M1ave, in addition To oma Icgal and equnable remedies, the option of placing this order elsewhere
and balding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays
due to causes not enviably foreseeable which are beyond its reasonable control and without is fault of negligence,
such acts ofGOd, acts afairil or military authorities, Worm rmord pdovies, fire, str&es. Rood, epidemics, wars or
dots provided pal notice of fe conditions caning such delay is given to the Pu.M1 rem, within five (5) days of the
time when the Seller first received knowledge thereof. In the event or my such delay, the date of delivery shall be
extended for the period and to the time suber ly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, asides, matmah and work mused by this order will coed rm with applicable
drawings, specifications, samples and/or other description given, will be fit for me purposes intended, and
performed with the highest degree of care and competence in accordance with accepted smndmds for work of a
similar nature. The Seller agrees to hold the purchaser M1armleas from any loss, damage or expense which fe
Purchaser may sulfa or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or snake
good, wilhoul cost to the purchase,, any demos or Lauls arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of., applicable warranty provided by the Sella, after the &te of
cceptunce of the goods Po m,land hereunder (.,apfnee not to be mvcasonabay delayed), resulting from impalial
or defertwo work done or materials founded by the Seller. Acceptance or ere of goads by the Purchaser shall not
constitute a waiver of any claim under this cam retry. Except as commas, provided in this pumhaw order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of me foregoing warranties
or guemnlecs, but such liability shall in an event include loss of profits or loss of ere. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal toms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pu sharer may make any changes no me hams, other than legal terms, including addition to or deletion from
the quantities originally ordered in the spwifcatiom or drawings, by verbal or women change order. If any such
change aHecu the amount due or the time off erfamence, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by women change aver, 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 shun not be liable for any claims for anticipated profits on the uncompleted
portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect a any goods which are the Sellers standard stack. No snob termination shall relieve
the purchaser or the Seller of any of thdr obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within treaty (30) days from the Joto the change or lerminaion is
ordered.
8. COMPLIANCE WITH LAW.
The S[Ila warrants that all goods sold harmonic shall have been porducrd, sold, delivered and finished in ivied
compliance with all applicable laws and regulation to which me goods are subject. The Seller shall execute and
deliver such documents ss my be eryvired to effect or evidence compliance. All laws and regulation required to be
va,mated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to
hademaify and hold the Pu.haser harmless from all cones and damages suRerN by the Pumhasn as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall amign, murder, or convey this aver, or any monies due or to become den hereunder without fe
prior wrinm consent argue other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mmecals, and it. famished
in performance of This agmaneut free and clear of any cod all liens, restrictions, reservations, security interest
cncumboames and claims of others.
11. NONWAIVER.
Failure of the PurcM1azer to insist upon strict pert once of the terms and condition hereof, failure or delay to
exercise any, rights or.medies provided herein or by law, failure to promptly notify the Seller in me eve., of as
breach, the acceptance ofor payment for goods hereunder or apprmal of the design, shall tot release me Sella of
any of the wamnli6 in obligation of this purchase order and shall Out be dfined a waiver of any right of the
pmchaxr to insist upon suet performance loneofor any of its rights or tonndies in to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
and modification or rescission of this pumhax order by the Purchaser operate n a waiver of any of the tam¢
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in retail economic practice, overcharges resulting farm crime,
violations are in fact home by the Purchaser. Theretofore fotgaud cause and as consideration far executing this
purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hcreafmr
required order Ibdcml or stare moment laws Car such overcharges relating to the particular goods or servims
purchased or acquired by the Purchaser pursuunuo this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Him Purchaser dirccu 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 mortality or unwillingness to comply, me Producer
may muse the work to be performed by the most expedition tnmm available to it. maul fe Serer shall pay .11
costs associated with such work.
The Sella shall ish se fe Purchaser and its commmors of any fief farm all liability and claims of any raft.
resulting from the perf nncc of such work.
This relmx shall apply urn in fe event of fault of negligence of the party releaed and shall extend to me
directors, officers and employees ofsuch parry.
The Seller's cumrectual obligmmus, including warranty, shall not be deemed to be reduced, in any way, baane
such work is performed or caused to be perforated by the Purchaser.
14. PAT'ENIS.
Whenever the Seller is required to use any design, device, material err process covered by loner, Pareal, trademark
or era ycillo, the Seller shall indemnify and save harmless the Purchaser from try and all claims for management
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 obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended are, of the goods, is in such suit held to constitute infringement and the use of
said equipment or an is enjoined, the Seller shall, .1 its awn expense and at its Option, either prucure fur fe
Purchner the night to continue sing said equipment or pans, replaa the same wire subsmntially equal but
noninfdnging equipment, or modify it so it becomes noninfdn&n ,
15. INSOLVENCY.
If the Seller shall borrow insolvent or barri make an ass; uirznt for the bemfit of creditors, appoint a
receiver or income for any of the Sellers property, or harness. this order may foMwith be caaceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of dams used or the interpretation of the agaeenem and the rights of all parties hereunder shall be
conuared under and governed by fe laws ofthe Same ofCal.mi USA.
The fullowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represemative(s), on the premises ofofes.
Il. SELLERS RESPONSIBILITY.
The Seller shill carry oa said work at Seller's awn risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Sellers f al completion and
acceptance, complete the work at Sellers own expense and to the satisfaction offlue Purchaser. When materials
and equipment arc burnisher by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same . fe site and became responsible therefor as though such materials and/or equipment
wart being f ;shed by me Seller under fie order.
S. INSURANCE.
The Seller shall,. his own experex, provide for the payment of workers compensation, inefding occupational
disease benefits, to its employees employed on or in connection with the work coreM by this purchase order,
and/or to their dcpendens in accordance with rate laws of the sure in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited bo contractual and automobile public
liability insurance with readily injury and death limas of at hour Sign." for any one pen'an, ssoo.oW for any
one accident and property damage limit per mcidem of 5400,000. The Seller shall likewise mguire his
contractors, dany, to provide for such compew and insurance. Before any of me Sellers or his commeters
employees shall do any work upon the premises of ethers, the Seller shall famish the Parcbaxr with a cer ifcate
that such compensation and insurance have been provided. Such cesif cafes shall specify the data when such
compensation and insurance have been provided. Such certificates shall specify the dare when such compenimlon
and inaticamer expires. The Seller agrees that such compensation and insurance shall he tormenter until after the
entire work is completed and accepted.
19, PROI'F;CTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby insures the eairc responsibility and liabil try for any and all damage, loss or injuryof any kind
or mature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase over or in connection herewith. The Seller will indemnify and hold hamins the Purchaser and any
r ail of the Purchners officers, agents and employees from and against any and all claims, losses, damages,
charges or extortions, 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 me pan of the Seller, any of his
comenc ors, or any of the Sellers or contndom officers, agents or employees. In com ally suit or other
proceedings shall be brought against the Norman, or its officers, agents or employees at any time on account or
by reason of my act, action, neglect, omission or default of tbe Sella of any of his contractors or any of am or
their officers, agents or employees ss aforesaid, the Seller hereby agees to assume the defense forcer and to
defend the same in fie Sellers on expetsse, to Pay any and all cants, charges, anameys fees and after experses,
any and all judgmmer that may be incurred by or obuiaM against the Purchaser or any of its or fair cifcers,
agars or employees in such wits or other proceedings, and in cam judgment or ofor lien be placed upon or
micamed against the property ardor Pmchuer, or said Panes in or. a fault of such wis or ofer proceedings,
the Seller will al mom cause me same to be diswlved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precaution, famish and moral all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safely including, but without limiation, the
Occupational Safety and Health Act of 1970 and all mars and regulations issued practical Nerem.
Revised 03R010