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HomeMy WebLinkAbout108913 FORT COLLINS HOUSING AUTHORITY - PURCHASE ORDER - 9102715PURCHASE ORDER PO Number Page City OfCollins ��� 9102715 1 of z `t Coll` I n C This number must appear J on all invoices, packing slips and labels. Date: 12/27/2011 Vendor: 108913 FORT COLLINS HOUSING AUTHORITY ATTN: BARBARA KING 1715 W MOUNTAIN AVE FORT COLLINS Colorado 80521 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/24/2010 Buyer: / OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Photovoltaics @ Stanford 1 LOT EA 200.00 C3. O✓lQ:-9-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 $200.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-0000587 is registered with the Collector of Fa'huc of the Purchaser to insist upon strict performance ofthe 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 pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mcel specifications, either 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 rctumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any ofits rights or remedies as to nny such funds, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort 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 part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedums. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns 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 tal unless acquired under fedeml or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If Permission is given to prepay freight and charge teparatcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase older. bill most accompany invoice Additional charges for packing will not be accepted. Shipment Distance R'here manufacturers have distributing points in various parts of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments am made fmm greater distance. Permits Seller shall proctor at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, territory or Political subdivision 0hem the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ondinances. n les and requirements. Authorization. All panics to this concoct agree that the representatives are in fact bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERNIS. This Purchase Order expresQy limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by caller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complcte shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must 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 partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clscwherc 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 am beyond its reasonable control and without its fault of negligence. such act, of God. acts of eiv it or military authorities, governmental priorities. Ones, strikes, flood, 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 Seller first received 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 of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fat far the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or cxpene 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, any defects or faults arising within one (O year or within such longer Period of time as may be prescribed by law or by the toms of any applicable warranty provided by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of gm is by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except m otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wamnties or guarantees, but such liability shall in no Dent include loss ofpmfits 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 terns by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms other than legal teens including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomaucc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment bctaveen the panics as to any work or materials then in pmgrec provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stuck. 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 must be asserted within thirty (30) days fmm the date the change or termination is ordcnd. R. 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 good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnifv and hold the Purchaser harmless from all cost., and damages sulTered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tanfer, or convey this order, or any monies due at to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wamnss full, clear and murstricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs 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 inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the Performance ofsnch work. This release shall apply even in the ea'ent of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contactual obligations, including wamnty, 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 the Seller is required to use any design, device, material or pmcess covered by letter. patent trademark or copyright. the Seller shall indemnify and save harmless the Purchaser firm any and all claims for infringement by reason of the use of such patented design, device, material or princess in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged In pay by reason ofsueh infringement at any time during the prosecution or after the completion of the work. In case said equipment, ar any pan thereof or 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 pracurc for the Purchaser the right to continue using said equipment or parts, replace the mute with substantially equal but mninfrioging equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or mstcc for anv of the Sellers property or business, this order may fonhwilh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The detinitinns oftemu used or the interpretation ofthe agreement and the rights ofall panics hemandcr shall be construed under and governed by the laws oflhc State of Colorado. USA. The follmeing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellers Representative(s), on the premims Ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's 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 Purchaser. Wlien materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller hall. at his own expense. provide for the payment of workers compensation, including occupational disease bonefits, 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 buddy injury and death limits of at Ica,, S30ftOOO for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contacmrs, if any, to provide for such compensation and insurance. Before any ofthe Shccrs or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been provided. Such cer ificams shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall he 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 of any kind or airline x hat mevc, to Persons or property caused by or rcsdling fmm the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hnmless the Purchaser and any or all of the Purchasers otfieea, agents and employees fmm and against any and all claims, losses, damages, Charges or expctocs, what cr direct or indirect. and whether to persons or property to which the Purchaser now be put or subject by reason of any act, action, neglect, omission at default on the pan of the Seller, tiny of his ecntmetors. or any of the Sellers or contactors officers. agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, 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 lime at the Sellers own expense, to pay any and all costs, charges, attorneys 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 case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said panics in or as a result ofsnch suits or other proceedings. the Seller will at on" cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards 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 rates and regulations issued pursuant thcmto. Revised 0312010