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HomeMy WebLinkAbout108913 FORT COLLINS HOUSING AUTHORITY - PURCHASE ORDER - 9130679 (2)Fort Collins Date: 12/29/2014 PURCHASE ORDER Vendor: 108913 FORT COLLINS HOUSING AUTHORITY ATTN: BARBARA KING 1715 W MOUNTAIN AVE FORT COLLINS CO 80521 PO Number Page 9130679 101`2 This number must appear on all invoices, packing sli s and labels. 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 4 Change PO 1 LOT EA 52,939.41 ADDED PER W.BRICHER EMAIL DATED 12/26/14 12:53 PM. -ECB 5 Change PO 1 LOT EA ADDED PER W.BRICHER EMAIL DATED 12/26/14 12:53 PM. -ECB 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 3,105.00 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 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAWER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon sprier Performance of me terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revived Statures 1973. Chapter 39-26,114 (a), exercise any rights or remedies provided herein or by law, failure to promptly amity me Sella in the event of a branch, me acceptance ofer payment for goods hereunder or approval ofthe design, shall not.lease me Sella of Good Rejected. GOODS REJECTED due to tailure to meet specifications. either when shipped or due to defects of any of the —'an M obligations of this purchase major ad shall rat b, domed a waiver of any ngh, of the damage in Oman, may he command an you for credit and are not to be replaced except upon recei,a of wrinm parchaser soinsist upon shill performance hoomforany of its rights or remedirs as many such good, regardless instructionsm insetions frothe City of Fort Collins. of when shipped, received or accepted, res many prior or subsequent default harmnic , not shall any purported oral modifcimm or rescission of this pmchsse, error by the Pmchuer operate as a waiver, of any ofine teens Inspection. GOODS are subject to the City of FortCollins inspection on mica]. 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 pan of the City Of Fort Collins. However, it is m No understand that FINAL Sather and the Purchaser recogrtiu mat in whist economic practice, o erehages rresulting from contrast ACCEPTANCE is dependent upon completion of all applicable required inspection pmcedmes. violations are in fact born by me PMchaser. Theretofore, for good cause ad as consideration for execufing this purchase order, for Sella hereby assigns to the Purchaser any and all claims it may now have or hereafer Freight Terms. Shipments must be F.O.B., City of Fort Collins, Tod Wood St, Fort Collins, CO 80522, .less acquired under federal Or sum antams, lays for such overehanga bolster, to the pea iealar goods On services otherwise specified on this order. if prnnissi. is given to prepay freight and charge seprrately, the original fright purchased or acquired by me Purchaser pursuant to this purchase color. bill must ...can, invoice. Additional charees for baking will root be accepted. Shipment Distance. Where manufacturers have disnimaing points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted form Invoice when shipments are made from 6remer, door. Permits. Seller shall procore at sellers sole cost all necessary, permi., canificatom and licemcs required by all applicable laws, ramlmime, ordirmnas and mks ofine sate, municipality, terlmry m political subdivision where the work k partitioned. or required by my other duly cautioned public authority havingjundiction over me work of vendor. Seller further agrees to hold the City of Too Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and rwnirem.ts. Authorization. All panic W this contract agree that due representatives art, in fact boa fide aced pa.. Fill end complete authority to bind aid panics. LIMITATION OF TERMS. This Purcanse Order expressly lime. accpt.re to the to. and coditioc sated herein set form sd.y supplementary of additional 1. it conditions.aexed hereto or incorpomled herein by reference. Any additional or different terms and conditions pmprsed by seller me objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date in noted. Time is ofthe essence. Delivery and performance must be, enacted within due time stated on the purchase Omer and the documents attached harem. No aeon of me Purchasers including, without limitation, acceptance of panel late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Putcbasor shall have, in addition to Omer legal and equitable remedies, the option ofpni ing this color elsewhere and holding the Seller liable for damages. However, the Seller shall not far liable for damages as a commit of delays due to causes act reasonably foreseeable which are beyond in eawnable anwl and without its fault i feaglil, nee, such acts of God, son uncivil or military authorities, govemmental priorities, fires, 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 me Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for me period equal to the time astral ly lost by reason of the delay. 3. WARRANTY. The Seller warrans rest all goods, articles, materials and work covered by this order will confilarn with applicable Drawings, specifications, samples .Nor other descriptions given, will be fit for the puryescs intended, vd performed with me highest degree of are nd competence f aarrance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser homeless from any loss, damage or expense which Be Purchaser may suffer or incur on account ofthe Sellers breach of,y, rmnty. The Seller shall replace, repair or make good, without cost to me purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by me terms of any applicable warranty povided by the Seller after me date of acceptance of the gawk famished hereurda (acceptance not m at unreasonably delayed), resulting from impel t or defective walk done or mationds fumbled by the Seller. Arrogation, Or use Of goods by the Purtbasa shall .r constitute a waiver of any claim under this wmmnty. Except in otherwise presided m this grandame Order, the Sellers liability hereunder shall extend W all damages proximent, caused by the breach of any of due foregoing warmmia or gumanures, but such liability shill in no event include less ofpmfics or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The PMrbasa may make any changes m she tcmu, other than legd rem¢, including aditiou an or deletions from the quantities originally ordened in m, speeilicatiom or mewing, by verbal or wrinen change order. If any such change affects due amount due or me time of performance hommndor, an equitable adjustment shall h made. 6. TERMINATIONS. The Purchaser pay at nay time by written change order, terminate this agreement in to any or all portions of the good form not shipped, subjol to my equitable adjustment between the panics as to any walk ar materials men in progms provided that me purchaser shall not be liable for any claims for anticipated ports on me uncompleted ,onion ofthe good .Nor work, for imidenral or comryanfial damages, and that vo such adjusncrrnt h made in favor ofthe Seller with rtspal to any good which art the Sellers standard stork. No such umnicamon shall relieve me Furchasa or the Seller of., of then, Obligations as to any gads delivered heeuder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be usamed within thirty, (30) days from the date the change or termination is ordered. L COMPLIANCE WITH LAW. The Seller warrans that all goods sold hereunder shall have been produced, sold delivered Md famished in strict ..pit.a with all applicable laws ad reguladmss as which the good are subject The Seller shall execute and deliver such d000mrnes as may be required to effect in evidence compliance. All laws ad ngulatioas requhed to be incriminated in agreements of this changer arc hereby ineoryonted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all ass .d damages sufered by the Purchaser as a result of due Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign transfer, or convey this order, or any monies due or to become due hereunder without me prior wring coreem of flue other party. I O. TITLE. The Seller warrants full, clear and conventional title to the purchaser for all cgNpment, materials, ad items famished in performance of this agreement fro and clear of any and all lice, restrictions, reservations, sommy interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dircers the Seller to correct nonconforming or defective goad by a date to be agreed upon by the Purchaser and the Seller, and me Seller duereafer indicates its inability or unwillingness to comply, no Purchases May cause the work to No pcommand by me most expeditious ores available to it, and the Seller shall nay sell costs associated with such work. The Seller shall release the Purchaser ad its antowm , of., tire film all liability ad claims of any mature resulting from the performance ofauch W.A. This release shall apply even in me event of fault of negligence of the parry released and shall extend to the directors, ofcers and employees of such party. The Sellers come coal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be, performed by due PMchaser. 14. PATENTS. Whenever do Seller is acquired to use my design device, marmot or process avered by letter, palant, reedemark or apydght, din Seller shall indemrdfy, and cave harmless the Processor from any and all claims for infringement by lesson of me 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 alter the completion of the work. In cue said equipment, or my pan dueraf or the Intended use of the good, Is In such suit held to constants, infringement and the use of said equipment or pan is enjoined, the Seller shall, at its born expense and at in option, anchor procure for due Purchasel the fight to continue using said equipment or pans, capture the same with substantially equal hilt .ninfnnging equipment, or modify it w it for..wnfinging. 15, INSOLVENCY. If the Seller shall become insolvent or b.kmpk make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The dcftidons oftcmu stand m due interpretation ofthe agreement and the rights of all parties hereunder shall be coutrued.der and govaread by the laws afire Some ofColorddo, USA. The following Additional Conditions apply Only f cases where the Seller is to perform work hereunder, including the service, of Sellers Reprewntativen), mark premises af0thers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work M Sellers own risk until me same is fully completed and accepted, and shall, in case of any accident, destruction in injury to due work .Nor material before Sellers foal completion and acceptance, complete me work at Sellers own a.,. and to the satisfaction of the Pumhaser. When marenak ad equipment are famished by others for installation in reaction by me Seller, de, Seller shall receive, unlad store and handle some at me site and become responsible therefor as though such materials .Nor equipment were being famished by the Sella nod due order. 18. INSURANCE. The Seller shall, an his awn expense, provide for the paymem of workers ratiocination, including occupational d'Isiewe benefi., to its employees employed on or in connection with the work c ro d by this purchase order, Manor to then depeMats in accordance with the laws ofine sure in which the w,rh is to b, done. The Seller shall dse carry comprehrsive geanl liability including, but not limited to, contncual and automobile public liability ivumnee with b dd, ounary sad deam limits ref i n least 5300,0e0 for anY one Pnaoq S500.000 for any accident and partially damage limit pa accident of S400,000. The Seller shill likewise contain, his contractors, if any, to provide for such compensation .d insurance. Before any ofthe Sellers or his committers employees shall do any work upon the premises of others, foe Seller shall finish due Purchaser with a cenificate flan such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify due date when such compensation and insurance expires. The Seller agrees that such compensation and assurance shall be mainuined until after the entire work is completed ad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby auuma me entire respuaibility ad Imbilm, far any and all damage, loss or injury of my kind or nature whimmeve, to person M propemy caused by ar resulting farm the c..firm ofine work provided for in this purchase oder or in connection herewith. The Seller will indemnify and hold Intmless me Purchaser and any r all of the Purchasers othars, go. and employers from end agaiml any end all claims, lasses, damages, charges or exprnws, whether direct or indirect, and whether to pemons or property, to which the Purchaser may be, put or subject by re com of my act, action, neglect, omission m default on due pan of the Seller, any of his antratoes, or any of the Sellers or contractors oBicers, agms or employees. In caw .y suit or Marc proceedings shall b r brought against the Producer, or is officers, agesa or employees at my time on aa.t or by reason of any act, arum, neglM, omission or default of the Seller of.y of his co.nemn Or my of is or their officers, agents or employees c aforesaid, the Sella hereby agrees to sesame the deface hereof and to defend the same at the Sellers own expose, to Pay my and all costs, charges, a.mays fees and other expenses, my and all judgmens that may be incurred by or obtained against the Purchases or any of its or their officers, agents or employees in such suits or other proceedings, ad in case judgment or other lien be placed upon or obtained against the property ofine Purchaser, or said parties in or in a result of each in mother proceedings, me Seller will at once cause, the same to be dissolved and dischorged by giving brad or otherwise. The Sella and his contractors shall take all safety precautions, famish and icull all guard vecessary for the prevention of acidens, comply with all laws ad regulations with regard In safety including, bur without limitation, due Occupational Safety and Health Act of 1970 and all rules and regulations issued pmMuat thertro. Revived 07rz014