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HomeMy WebLinkAbout108913 FORT COLLINS HOUSING AUTHORITY - PURCHASE ORDER - 9130679 (2)Fort Collins Date: 01/06/2015 PURCHASE ORDER PO Number Page 9130679 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 108913 Ship To: CDBG FORT COLLINS HOUSING AUTHORITY CITY OF FORT COLLINS ATTN: BARBARA KING 281 N COLLEGE AVE 1715 W MOUNTAIN AVE FORT COLLINS CO 80521 FORT COLLINS CO 80521 Delivery Date: 01/31/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6 Change PO 1 LOT EA 49,834.41 ADDED PER W.BRICHER EMAIL DATED 1/5/15 2:17 PM. -ECB 7 Change PO 1 LOT EA 6,210.00 ADDED PER W.BRICHER EMAIL DATED 1/5/15 2:17 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 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 1. COMMERCIAL DETAILS. Tax exemptions. By smante the City of Fan Collins is exempt film state sill [mat axes. OurExemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-h000589 is registered with the Collator of Failure of the Purchaser to insist upon strict performance of the terms anJ continuous hereof. failure Or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1973, Chapter 39-26, 114 (a). exercise any zghts or remedies Provided here. or by law, failure,. promptly notify the Seller in the event of a breach, the acecplamx ofor Payment for good hermader or approval ofthe design, shall act release the Seller of Good Rejected. GOODS REJECTED due to failure to meet spaifentions. either when shipped or due or defects of any of the warranties at obligations of this purchase older anal shall not he deemed a waiver of any night of the damage in Transit, may he rctumed to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon strict performance heoafor say of its nights or remedies u to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, u many prom or subsequent default hereunder, nor shall any parponcd oral modification or rescission of this punsns, order by the Purchaser operate as a waiver of any of the Mans Inspection. GOODS arc subject o the City of Fort Collins initiation 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 pan of the City of Fort Collins. However, it is m be mdentood fat FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Tbaltolow,for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and On claims it may now have or hereafter Freight Tema. Shipments most he F.O.B., City of Fort Collins, 700 W" St., Tom Collins, CO 80522, unless acquirel under federal or state antitrust 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 Pumhaur pursuant to this purchase order. bill ..at decamp t, invoice. Additional charges for packing will not ba accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vied. pars of the country, shipment is I fthe Purchaser directs the Seller to comet nonconforming or defective good by a date to be agreed upon by the expected fmm the nearest distribution point to destiwtion, and excess freight will he deducted floor Invoice when Purchaser mal the Seller, not the Seller douvallef indiwto its iability or unwillingness to comply, the Purchaser shipments are mode from greater distance. may cause the work to be performed by the mast expeditions means available to it, and the Seller shall pay all costs associated with such work. Famous. Seller shall praom at sellers sole cost all naesvry permin, certificates and liarses repaired by all applicable laws, regulations, ordinances and ones ofthe state, municipality, ter tarry or political subdivision where The Seller shall release the Purchaser and its contractors ofany tier f m all liability and claims of any more the work is performed, or tailored by any other duly mmtituted public authority havingjudsdicticn over the work resulting film the perrormavre of such work. of odor. Seller further agrees m hold the City of Fell Collins hamless from and against all liability and loss marred by them by reason of an assured or established violation of any such laws, regulations, common, ales This mlcau shall apply even in the event of fault of negligence of the parry mleaaed and shall extend to the and requirements. directors, oficers and employees of such party. Amlmrizoion. All ponies to Nis contract agrc not the representatives arc, in fact, bona fide and possess full and The Sepals contractual obligations, including warranty, shall not be deemed m be reduced,. any way, became complele antbonly to bind said pant such work is performed or crowd. be Performed by the Purchaser. LIMITATION OF TERMS. This Pumhue Order expressly limits acceptance to the Mrma and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or inewTormed herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arive On your Promised delivery date as noted. Time is of the csseme. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchost including, without limitation, acceptance Of partial late deliveries, shall opcmm u a waiver of this provision. In the event of any delay, the Puahuer 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, the Seller shall not be liable for damages as a result of delays due to woes not reasonably foreseeable which are beyond its reasrrable mewl and without its fault ofnegligmce, such efts fGod, aces afeivil or ordinary authorities, mr.enal pnimfrs, Tres. w*M Bond epidemic, wars or nots provided that notice of the conditions causing such delay is given to the Purebun within five (5) days of the time when the Seller next received knowledge thereof. In the went of any such delay, the date of delivery shall ne extended for the period equal to the time actually lost by remain of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conf with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pulpaom intended, and Performed with the highest degree of are and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may turner or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or fader arising within one (1) year or within such longer period of time as may h prescribed by law or by the rams of any applicable warranty provided by the Seller after the date of acceptances of the goods furnished hamunder (acreptanm not to be unreusewbly delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of good by she Purchaser shall not constitute o waiver of any claim under this warranty. Except u otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caned by the breach of any of the foregoing womnties or goamntea, but such liability shall in no went include loss of pmfiu of 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 in legal Mena by worn change order 5. CHANGES IN COMMERCIAL TERMS. The Purchver may make any changes to the harms, other than legal tames, including additions to or deleriom from the quantities originally Ordered in the speeifimtiom or drawings, by venal or written change older. If any such change a@cis the amount due or the time ofperfomm m hereunder, an equitable adjmlment shall be made. fi. TERMINATIONS. The Purchaser may at any time by wnttm change alder, terminate this agreement as many or all prrtims of the grads then not shipped, subject to any equitable adjustment between the polies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or vensequential damages, and that no such adjustment be made in user of the Seller with respect to any good which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligmions as m any grand delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he ass xod within thirty (30) days form the date the change or temination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamann ,hat all goods sold herttuuler, shill have been poducal, sold, delivered and funish in strict compliance with all applicable laws and regulator to which the good are subjaL The Seller shall cream usual deliver such documents as may be required to effect or evidence compliance. All laws and regulations raluird to be incorporated in agreements of this character are herby incoryorntcd herein by this refe arem. The Seller agrees to indemnify and hold the Purchaser hornless from all costs and damages sun ffel by the Purchase as a mutt of dre Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pmry shall usign, transfer, or Canvey this Oder, or any monies due or to become due hereunder without the pear women consent of the muff emy. 10. TITLE. The Seller warrants full, clear and unrestricted title In the Purchaser for all equipment, mamrids, and items f ished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest acumbmnccs and claims of.thers. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark <o,,igf, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason ol'the use of such patented design, device, material Or Process in vermeclion with the contract, and shall indemnify the Purchaser for arty cost, expense or damage which it may be obliged to pay by reason of such infringement of any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the Intended tie of the goods, is in such suit held to consulate infringement and the use of said equipment or put is enjoined, the Seller shall, at its own expense and at its option either precme for the Purchaser the night to continue using said equipment or pans, replace the vane with substantially equal but noninMnging equipment, or modify it so it becomes rmninGnnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an usigamem for the benefit of counters, appoint a receiver or tostee for any of the Sellers per art y or business. this order may foMwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definition, of Mena used or the interprcibrom ofthe agreement and the nights of all parties harcurder shall be comtraed under, and governed by the Uses of the Stan ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is m perform work himundcq including the services of Sellers RepresenulivHs), on the premises i fosters. 19. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Settees own risk until the same is fully completed and accepted, and shall, in arse of any accident, destruction or injury to the work andor materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are f ished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site art become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. UL INSURANCE. The Seller shall, an his own expense, poside for the Faymers of workers compereasion, including occupational disease beoofts, to its employees employed on or in comfwion with the weak covered by this purchase older. and/or m their dependents in accofdeace with the laws of the sum in which the weak is to he done. The Sella shall also carry comprehensive general liability including, but rent limited to, contractual and automobile Public liability insurance with Wily injury' vM death limits of at legal S300.00o for any one penoa S500,000 fen any one accident and property damage limit per accident of 5400,0D0. The Seller shall likewise require his untnarrrs, if any, in provide for such compensation end insurance. &to. any of the Sellers or his common. employees shall do any work upon the premises of othen, the Seller shall Finnish the Purchaser with a certificate that such compcosation and insurance have ban provided. Such cemNcates shall specify the dam what such compensation and insurance have been provided. Such cenificmes shall specify the data when such compensation and insurance expires. The Seller agrees flat 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 assmnes the entire responsibility and liability for any and all damage, lessor injuryof any kind or wore whmsoever to personsor property caned by or resulting firm the execution of the work provided for in ,his purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any or all of the Purchasers officers. agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or immet, and whether to parents or property to which the Purchaser may be put or subject by reason of any act action, ruglea, omission or detain, on the pan of the Seller, any of his contractors, or any of the Sellers or mnmicem offers, unions or employees. In cos any suit or other proceedings shall be brought agams, the Purchaser, or its i icers, agents or employees al any must on acmant or by reason of any act, action, neglect, omission or default of the Seller of any of his comments or any of its or their elBcm, agents or employees . aforesaid, free Sella hereby agrees to usume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys, f and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its m 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 property ofthe Purchaser, or said parties in or u a result of such suits or other pnaeedings. the Seller will a, once cause the same to be dissolved and dhschargW by giving bond or otherwise. The Seller and his contractors shall take all safety promotions, finish and install all gmMs naesary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wifout limitation, the Occupational Safety and Health Act of 1990 and all mica and regulations issued pursuant theaum. Revised 07Rnl4