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HomeMy WebLinkAbout108913 FORT COLLINS HOUSING AUTHORITY - PURCHASE ORDER - 9130679PO PURCHASE ORDER 913067er Page C117/ of PURCHASE 30679 1 of 3 ' `tCollins( This number must appear V " on all invoices, packing sli s and labels. Date: 12/08/2014 Vendor: 108913 FORT COLLINS HOUSING AUTHORITY ATTN: BARBARA KING 1715 W MOUNTAIN AVE FORT COLLINS CO 80521 Ship To: CDBG CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 01/31/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 change PO Hi All, 1 LOT EA -3,715.41 Trying to wrap this up before I head out on vacation so Janet can get the TBRA invoice paid before I get back on the 15th. 1) Lisa, once the BU and string are set up, could you please let John know? 2) Beth, can you commit in IDIS and hold the PI funding till processed? 3) John, Lisa is setting up my BU and string. Once that is complete, might you adjust PO 9130679 as follows: Reduce line 281802900.574040.537-3,715.41 Add line 281802901.574040.537 +3,715.41 4) Janet, once John has made the revisions on the PO, please receive on the following line and process as normal: 281802901.574040.537 Thank you! Wendy Bficher Financial Coordinator City of Fort Collins City Managers OfficelSustainability ServiceslCPIO yaCJ(),4 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@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 13067PURCHASE ORDER 9Number Page Clt�/Of 730679 2013 is number st F6rtCollins ll invoices, packing '` sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 300 Laporte Avenue Fort Collins, CO 80521 Phone: 970.221.6506 Fax: 970.224.6107 Click here to 'Tell me about my service ... I want to know <hftp://fcgov.cmo- feedback.sqizmo.com/s3/?name=Wendy+Bricher>l" 3 change PO 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@fcgov.com 1 LOT EA 3,715.41 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAMS. Tax exemptions. By statute the City of Fort Collin is exempt from ..a and local moo. Out Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Cleapta 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of writers instructions from the City of Fort Collins, Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can recall in authored payment on the pan of the City of Fiat Collins. However, it is to be understood dal FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Town. Shipments most be, F.OD., City of Fan Collins, 700 Wood St., Few Collins, CO 80522, unless otherwise specified on this wder. If permission is given to prow, fight and charge Separately, rise original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points io various pads of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fiom greater distance. Pareits. Seller shall procure at sellers sole cost all necessary parties, certificates and Romans required by all applicable laws, regulmime. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constimmd public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assmed or established violation of any such laws, regulations, ordinances, mles and re,airempner. Authodntion. All pasties to this contract agree Out the representatives are, in fact, bona fide and pasuss fall and complete amhonty to bind said parties. LIMITATION OF TERMS, This Pumhue Order expressly limits acceptance to the tame all conditions stated herein sec forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you cantor make complete shipment to mile on your promised delivery date. noted. Time is ofthe essence. Delivery and performance must be effo ded within the time stated on the purchase cover and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpmial lac deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing Nis 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 caucus, not r.mnably dimmable which we beyond its reasonable mntorl turd without in fault of negligence, such acts of God acts ofeivil ormilitary authorities, governmental prionties, fires, strikes, flood, epidemies, wars or ricer provided Oat nonce ofthe conditions .using such delay is given to the Purehna within five (5) days of the time when the Seller hour received knowledge thereof In the wen ofany such delay, the date of delivery shall be extended for the period yml to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifintime, samples Sadler other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser armless from any loss, damage or expense which the Purchaser may suffa or incur on account ofthe Sellers breach of werwity. The Seller shall replace, repair or make good, without not or the purchaser, any defect or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tomes infamy applicable warranty provided by the Seller after the dam of acceptance of the goods f ished hereunder (acceptance not la be ...My delayed), resulting film imperfect or defective work done or materials f ished by the Seller. Acceptance or use of goods by the Pomhame shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereundo shill extend to all damages proximately caused by the breach of any of the foregoing wmentin or guma ores, but such liability shall in no event include loss ofpmNs or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL TERMS. The Purchaser may make changes to legal corms by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the late,, other than legal terms, including addition to or deletion from the quantities originally ordered in the specification or drawings, by verbal or women change order. If any such change of en On amount due or the time cf,afmmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser any at any time by written change elver, terminate this agreement n to any or dl portion .176a grad then col shipped, subject ro any equitable adjustment belwem the panics as to any work or matanid, then is progress provided that the Puahsser mull not be liable for any claims for anticipted pmots on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and Nat no such adjustment be made in favor of the Seller with respect to any goods which ere the Sellers standard stock. No such termination shall reline the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must ha nsscrat within thin (30) days from the dine the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller watmn s Oat all good sold hereunder shall have been produced, sold, delivered and fardsised in strict compliance with all applicable laws and roplanon to which the goods tie subject. The Sella shall execute and deliver such documenn as may be required n. effect or evidence own lemse. All laws and regulation required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify mad hold the Pmclover board. from all cash and damage Suffered by the Purth sser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my manias due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished n performance of Ors agreement, free and clear of my and all lien, restriction, reservation, security interest encumbrances and claims ofoOem 11. NONWAIVER. Failure of the Perchwer to insist upon strict performance of the terms and conditions herself, fvlure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for guests heremder or approval ofthe design, shall not release the Seller of any of the wamunties or obligations of this purchase order and shall not be deemed a waiver of any eight of the purchaser to insist upon strict performance hereofar any of its rights or remedies as to any such goods, mgardless of when Shipp 1, received a warned, as to any prior or subsequent default hereunder, nor shall any pur,orled oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the PPochaza recognize Nat in areal economic practice, carriages resulting from moment violation are in fact home by Oe Purchase, Trandefore,far good.use and as consideration for executing On pumhau order, the Seller hereby assigm to the Purchaser any and all claims it may Was have or hereafter mr,mad under federal or state anritmsl laws for such overcharges relating to the putivels, goods or services puechaxd ar acquired by On, Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. Uthe Puahuer 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 Seller shall pay all costs sunwinted with such work. The Sella shall release the Purchaser and its contractors or any her from ell liability and claims of any were resulling form the performance fsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Sellers agrees led abl,w ors, including warranty, shall not to deemed to be reduced, in any way, because such work is performed or..it Ira be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, ma rued or process covered by letter, patent, trademark r capyn,ha. the Seller shall indemnify and all harmless the Purchaser form any and all claims for mGngement 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 part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at in awn expense and at its option, either procure for the Purchaser the right to common, using said equipment or proves, replace Ote maze with substantially awl but rmninfn'nging equipment, or modify it or it becomes roninf inging. 15, INSOLVENCY. If the Seller shall become hswIle. of bankrupt, make an assigmrent fir the Est of andimrs, appoint a or utntee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interyremtim of the agreement and the rights of all parties hereunder shall be unsaved under and governed by the laws of the Stem of Colorado, USA. The following Additional Conditions apply only in cases whoa the Seller is to perform work hereunder, nchalm, the services fSellers Repmscntativenk m the premiss ofuthers. 17. SELLERS RESPONSIBILITY. The Sello shall carry on said work at S,Ilels own risk until the same is fully compleed and incepted, anal shall, in One of my accident, destruction or injury to the work widow rearaia8 before Sellors frwl completion and i ce'rance, complete the weak at Sellers own a mew and to the satisfaction of the Purchaser. When ararenaB and equipment we fureashed by others for simulation or creation by the Seller, the Seller shall receive, make d, store and handle same at rise site and become responsible therefor as though such materials sandlot equipment were being famished by the Seller under the order 18. INSURANCE. The Seller shall, at his awn 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 order, Safer to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, committed and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property demo,, limit per incident of M00,000. The Seller stall likewise r gnire his contractors, if any, to provide for such compenation and Inurance. Before any of the Sellers or his conductors employees shall do any work upon the prtmkvn of ohem the Seller shall famish the purchaser with a certiB.tc that such compensation and inomnce have been provided. Such condition shall specify the date when such compensation and resonance have been provided. Such cedificam shall specify the date wham such .mpan Lion mW insurance expires. The Seller agrees that such compensation and ins wunce mall be maintained wtil after the entire walk is completed and accepted. 19. PROTECTION AGAINST ACCIDENT S AND DAMAGES. The Seller hereby assumes the entire iesponsibilily and liability for any and all damage, less or injury of any kind or nature whatsoever to person or property caused by or resulting from the execution of the work provided for in this purchase order win connection herewith. T he Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officer, agents and employees from and againt any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or propmy to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pad of the Seller, my of his contmdors, err any of the Sellers or .meactors officers, agents or employers. In raze any is or other proceedings shall be brought against the Purchases, or its of vers, agents or employees at any time no account in by reason of tiny act, action, neglect, omission a default of the Seller of any of his comercbm, ar my order or their officers, again or employees in aforesaid the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, m pay any and all cases, charges, attomgs fees all other expenses, my and all judgmenn Oat may M incurred by or obtained againt rise Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in roes judgment or other lira be placed upon or obtained against the property ofthe Purchaser, or said parties in or as; a result of such suits or other proceedings, the Seller will at once came 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 rules and regulation issued pmsuant thereto. Revised 070014