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HomeMy WebLinkAbout111742 CEDAR SUPPLY - PURCHASE ORDER - 3215185City of Fort Collins Date: 01/12/2015 Vendor: 111742 CEDAR SUPPLY 7720 S COLLEGE AVE FORT COLLINS CO 80525-4234 PURCHASE ORDER PO Number Page 3215185 1of2 This number must appear on all invoices, packing slips; labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Blanket Order lumber City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $6000 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@fcgov.com 1 LOT LS Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rm [QRSIiT[fi�def.}i rC7idS,LLaSYaSTRiM Page 2 of 2 1_ COMMERCIAL DETAILS_ Tax exemptions. By statute the City ofFort Collins s exempt from Note and local faxes. Our Exemption Number is 11. NONWAPaER. 98-0 502, Federal Excise Tax Exemption Conifiwt of Registry 84-6000597 is regisferN wilt fhe Collector of Failure of the Purobacer m insist upon stria performance of the terms 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 herein or by law, future to primpdy notify the Seller in me event of a breach, me acceptance of or payment for goods hereunder or approval of the design, shall no,release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due on ddc 1, of any of the warranties or obligations of this purchase order and shad l not be deemed a weever of any right of the damage in transit, may be, resumed to you for credit and are not to be replaced except upon receipt of winners purchaser be insist upon strict performance hereof or any of its tights or remedies as to my such god, regardless instructions from she City ofFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any paaryorted oral modification or rescission of this purchase order by the Purchaser opeme as a waiver of any of the terms Inspection. GOODS are subject to the City ofFort 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, auf cneed payment on doe pan of doe City of Fort Collins. However, it is to be undemood that FINAL Seller and the Purchaser recugniae thin in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon wmpletionofallappliable rewredinspecuonro pcedures. violations arPurchaser. e in fact home by the Purchr. Thereofore for tgood wuu and of consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all clawas it may now have or hereafter Freight Terms. Shipments must be F.0 B.. Cory of Fort Collins, 700 Wood St, ran Collins, CO 80522, unless acquired under federal or state antifmst 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 his purchase order, bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dinnbuting points in various parts of the country, shipment is expand from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permit. Seller shall procure at sellers sole cost all necessary, permits, comficares and licenses required by all applicable laws, regulations, ordinances and rules of life sate, municipality, territory, or political subdivican where the work is performed, or required by any offer duly wvsituod public authority, having jurisdiction over the work of vendor. Seller fuller agrees to bold the City of Fan Collins harmless from and egmass all liability and loss rtined by them by reason of an asserted or established .iodation of any such laws, regulations, ordinances, roles and requirements Au horimtion. All panic to this contract agree Nat the representatives are, in fact, bona fide and possess fall and complete audoomy to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herew or incorporated herein by reference. Any additional or different money and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canrmf make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfomunce mast be effected within the time wood on the purchase order and me documents mashed hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall openness; a waverof this provision. In the event of any delay, me 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 However, doe Seller shall not be liable far damages as a result of delays due to causes net reasonably firmAeatim which are beyond its reasonable waited and without in fault of negligence, such arts of God oar of emu or radr my amhondes, goyemmmud priorities, fires, strikes. Rend epidemics, wars or nots 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 thereof In the event of any such delay, the date of delivery shall be extended for the pentad equal to the time actually lost by reason ofthe delay. 3. WARRANTY The Seller warrants Nat all good, comma, materials and work covered by this order will conform with applicable drawings, specifications, samples odor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold life purchaser harmless from any loss, damage or expense which me Purchaser may suffer or now on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fault afising within one (1) year or within such longer period of time as may be prescribed by law or by the arms of my applicable wananry provided by the Seller afar the date of acceptance of the goods famished hereunder (acceptance not be wreasonally delayed), resulting from imperfect or defective work done or mates Ws famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise prodded 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 goeranmes, ban such liability shall in no event include loss of pmfis or loss cruse. 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 Io the term, offer than legal terms, including wilitions to or deletions from the quantities originally ordered in den sOw'rilca or drawings, by verbal or -, on change order. If my such change affects the amount due or me time of performance hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Preschosser may at any time by wdnm change order, terminate this agreement as is any or all ponisof the goods then not shipped, subject to any equitable adjustment between the parties ax to my work or materialsthm in progress provided ffw the Purchaser shall not be liable for any clams for anticipated profits on the uncompleted pennon of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which are the Sellers standard stock. No such termination shop relieve the Purchaser or the Seller of any oftheir Obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be azsened wotiam thirty (30) days from the time the change or termination is ordered 8. COMPLIANCE Win] LAW. The Seller coati chat all goods sold hereunder shall have been produced, sold delivered and famished in one, compliance with all applicable laws and regulations to which doe god are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regodwons required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Puchaser harmless from all cost and damages suffered by me Purchaser as a result of ffe Sellers failure to comply will such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants fail, clear and unrestricted tide o the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and of liens, reslnctions, reservations, security interest encumbrances and clams of eaters. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to concert nonconforming or defective goods by a date of be agreed upon by the Purchaser and the Seller, and she Seller dereafler indicates its inability or unwillingness to comply, doe Purchaser may cause me work of be performed by me most expedmous means available to it and me Seller shall pay all cons associated with such work. The Seller shall release me Purchaser and its contractors of any tier from all liability and claims of any narure resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend no me directors, offlewe and employees of such parry. The Sellers contractual obligatons, including wamanry, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be Performed by the Purchaser. 14, PATENTS. Whenever she Seller is required to use any design, device, material or process covered by lenea patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all clams for infringement by reason of the use of such patented design, device, marenal or process in connection calm she 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 titer doe completion of the work. In case said equipment or any pan thereof or the intended use of me goods, is in such suit held to conniote 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 me right to continue using and equipment or pans, replace the same will substantially equal but noninfnnging equipment or modify it sat it becomes rwninfnnging. IS. INSOLVENCY, If the Seller shall became insolvent or bankrupt make as assignment for the benefit of creditors, appoint a receiver or noting, for any of the Sellers property or business, this order may foMwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by doe laws ofine State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representatively, on the premises of others. 14. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk until me same is fully completed and accepted, and shall, in e of any accident, destruction or injury to me 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 Purchaser. When materials and equipment are Furnished by offers for incrustation or erection by the Seller, Ne Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such nationals andrar equipment were being furnished by the Seller under the order. Ie. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefc, It, it employees employed on or in connection with life work severed by this purchase code, andor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, bar not limited o, menstrual and auomobile, public liability insurance zit, bodily injury and death limits of at least S30o,OW fat any one person, s500,00i for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of me Seller or his ontractors employees shall des any work upon the premises of others, the Seller shall ftunich the Purchaser with a cernficare that such compensation and insurance have barn provided. Such cerdlrmov shall specify the daze when such compensation and insurance have ban provided. Such certifwres shall specify the date whin such compensation and Insurance expires. The Seller agrees man 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 she cove responsibility and liability for my and all damage. loss or injury of my kind or nature whatsoever to persons or pmperty caused by or resulong from Be execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees Earnand against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property, to which the Purchaser may be put or subject by reason of my act, floor, neglect omission or defmlt on the pant of the Seller, my of his contractors, or my of the Sellers or wnnacors officers, agents or employee. In case my suit or other proceedings shall be brought against the Purchaser, or it officers, agents or employees of may time an account or by reason of any act, cation, neglect, annoton or default of the Seller of my of his comments or my of its or their officers, agents or employee as aforesaid, the Seller hereby agrees to assume the defense thereof and o defend the same at she Sellers own expense, to pay my and all costs, charges, anomeys fees and other expenses, any and all judgments thin may Ece incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such s oat or offer proceedings, and th case judgment or other lien be placed upon or obtained Martin me property of the Purchaser, or said parries in or as a result of such swo or other pro escomp, the Seller will at once cause the same o be dissolved and dscharged by giving bond or oferwise. The Seller and his contractors shal take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all talc and regulations issued pursunt thereof. Revised 072014