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HomeMy WebLinkAbout158580 VERONICA L LIM - PURCHASE ORDER - 9144992Fort Collins Date: 08/29/2014 Vendor: 158580 VERONICA L LIM 108 S WHITCOMB ST FORT COLLINS CO 80521-2621 PURCHASE ORDER PO Number Page 91 "992 l of t This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 08/28/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Landmark Rehab Loan 1 LOT LS 108 S. Whitcomb LANDMARK REHAB LOAN, APPROVED FOR PAYMENT. 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 3,531.75 1.75 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 L COMMERCIALDETA1LS. 1'as exemptions. By statute the City of Fort Collins is exempt from .to and local lazes. Oar Exemption Number is 98-04502. Federal Excise Tax Exemption Cetif,te of Registry 94-60W597 is regimmred with the Colles, of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Cha to 39-26, 114 Eq. Gaols Rejected. GOODS REJECTED due to failure to meet speciaddians, either when shipped or due to defects of damage in namil, may be retuned to you for credit and art not to be replaced except upon mods, of written im,mdamas fmm the City of Fort Collins. Inspection GOODS art subjed to tho City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, scovids or equipment in response to this order can result in saturated payment on the pan of the City of Fall Collins. However. it is to be andersmod thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teats. Shipments must be FOB., City of Tom Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order If permission is Given to prepay freight and charge separately, the original freight bill most accompany invoices Additional charges for packing will not be accepted. Shipment Distance. Whom manufacturers have distributing points in various Wrts of the, momry, shipment is expected from the nearest distribution pawl to dearmian, and excess freight will c deducted form Invoice when shipments are made from greate, distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificams and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory of political subdivision where the work is perfomm, or required by any other duly constituted public authority h:mingjurisdiction over the work of vendor Seller further tii no hold the City of Von Collins (harmless from and against all liability and loss incurred by them by reason open asserted or established violation of any such laws, regulations, ordinances, tales and �oiremeos. Am eriestion. All parties In this commet agree that the teprtuntatids am, in fact, and fide and possess full zed complete authority to birtd said panic. LIMITATION OF TERMS. This Purchase Other cxprcssly brain, acceptance to the terms and conditions mina herein set Roth and any supplementary or additional Manx and conditions annexed had. or incorporated herein by reference Any additional or diffemod words and conditions proposed by seller are objected to and hereby medcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the dicam. Delivery and performance most be effected within the time stated on the purchase order add the documents alaachad hereto. No acts of the Pumbaaa including, without limaation, accamance of venial late de ivelies, shanty operate as a waiver of this provision. In the evem of any delay, the Purchaer shall have, in addition to other legal am equitable rmnaies the option ofplacing this maker elsewhere 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 makenably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmental priorities, fires, strikes, Boot, epidemics, wars or taus provided that talk, of the conditions cursing such delay is given 1. 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 wamnts that all goof, asides, materials mN work covered by this older will conform with applicable drawings, specification, samples rhdnm oNer dessinim ar given, will be fit far the purposes intended, and Performed with the highest degree of care and competence in accodance with accepted standard for work of a similar mare. The Seller agrees to bold the purchaser harmless from any lass, damage or expose which the Purchaser may adEa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost to the purchauq any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tears of any applicable wananry provided by the Seller her the date of acceptance of the goads famished hereunder (acceptance not to be m rdaunably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Producer shall not emulate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages passionately caused by the bench of any of the foregoing xi m ums or guarantees, but such liability shall in an event include Ins of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FI TIESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by worries change oNer 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make :my changes to the temts, other than legal terms, including additions to or deletions Rom the quantities originally ordered in the specifications an drawings, by rerbm or wrindn change oNo. If any such change office. the amount due or the lime ofcerfomsarm heretuWa, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchucr may at any time by won, change cold, teatime, this agreement as many or all potions of the goads then not shipped, subject to may Notable adjustment hameen the parties as to any work or mmWals then in progress p.,load that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted potion of the goods maker work, for incidental or consequential damages, and that no such adjustment be made in Near of the Seller with respect to any goods which arc the Sellers standard stock. No tech tomindion 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 from the date the change or mtmitmtion is WhanaL S. COMPLIANCE WITH LAW. The Sella warrants that all good sold hemueda shall have been produced, sold delivered red famished in strict amplim. with all applicable laws and regulation m which the good are subject. The Sella shall execute and deliver such documents as maybe required 1. effect or evidence compliance. All lows and regulations required to be incorporated in agreements of Ibis culture, are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pang shall assign, transfer, or convey this abler, or any marries due or to t e s. due hereunder with.., the prior writ, comet, arms, other parry. 10, TITLE. The Seller wanner full, clear and unresftuted tide m the Purchaser for all equipment, matetals, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest rnemnborwas and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exervisany rights or remedies provided hen or by law, failure to promptly notify the Seller in the event of a brands, herein be acceptance of err payment far gouda hereunder or approval of the design shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to most upon strict performance haddor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepred, as to my prior or subsequent default hereunder, nor shall any purported tact modifiwdon car rescission of this purchase oNer by the Purchaser madide as a waiver of any of the terns hereof. 12. ASSIGNMENr OF ANTITRUST CLAIMS. Sella and the Purchucr recognize thm in canal di is pmene, o ercharges resulting form antitrust violations are in fact home by the panderer. Themftore,nforgood cause and as consideration for executing this purchase oNer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereder required uoda Radial or .In addrust laws fir such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimes the Seller to Brood nomanforming or defective goods by a date to be a•rta upon by the Purchazer and elm Sella, am the Seller thdoold indicates its ioobili, or unwillingness la,mpty, the Purchaser may cause the walk to be performed by the moss expeditious means available to it, oral the Seller shall Pay all cos. associated with such work. The Seller shall rel,x the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry «Idea and shall extend to the directors, officers and employms ofsoch Tandy. The Sidlefs commercial obligations, including wmmnty, shall am be deemed to W reduced, an any way. because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required m use any design, device, material or process covered by letter, patent, trademark or copy edit, the Seller shall indemnify and save hunnless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall wdcandly the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such inGundment at any time during the prosaution or after the completion of the walk. In case said quipmem, or any pan themtf or the intended use of line goals, is in such suit held in ceostimm inGnagemen, and the use of said equipment or pan is enjoined, line Seller shall. at its own expense and in its option, either procure, for the Purchaser the right to continue using said equipment or pads, replace the same with substantially equal but mminGnging equipnn or modify it suit becomes mmninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or build, for any of the Sellers pmpedy or business, this order any forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions off. user ad the interpretation of the agreement aM the rights of all ponies hereunder shall be wooded under and govemed by the laws ofine State afCol.do, USA. The following Addaimml Conditions apply only in rm where the Sella is to perfowed hereunder, f including the services oSellers Representativ is), on thenes premises ofowem. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall, in e of any accident, destmetinn or injury to the walk andbr materials before Seller's final completion and eceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials add equipment are fumisbol by othet,,for installation or erection by the Sella, the Seller shall receive unlmd, stare cord Male same at the site red become responsible therefor as trough such materials sui equipment woe being furnished by the Sella under the and, IS. INSURANCE. The Seller shall, at his own 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, maker to their dependent, 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 irtsu mane with badily injury and death limits of of least S300,000 far any one person, SSW." for any oaccident and property damage limit per accident of Sapp,". The Sella shall likewise require his intracmrs, if any, to provde for such competssa tad its e. Be! any of the Sellers or his commemrs employees shall do any work upon the premises of others, theSellershall famish the purchaser with a ad iwm that such companation and insurance have ban provided. Such c dificates shall specify the dam when such comp roution and managed, have been provided Such caulicates shall specify the date whet such contamination and insurance expires. The Seller agrees them such compensation and incumnce shall be anconedined until after the ,tile work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage. loss or injury of any kind or more whatsoever to por ars or property caused by or resulting fmm the execution of the work provided for in this purchase order or in duration herewith. The Seller will indemnify and hold hmmless the Purchaser and any r all of the Proodussers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether dome or indirect, am whether to persons m property no which the Purchaser may Fee put or subject by mason of any not, action, neglect, omission or default on the pat of the Seller any of his contractors, or any of the Sellers or connotation; officers, agents or employxs. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account a by reason of any an, anion, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees at assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charge, atiomrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, agents or employmis in such was or other proceedings, and in case judgment or other lien be placed upon or mourner against the property of the Purchaser, an said parries in in, as a msuh of such an an other proceedings, the Sella will at once cause the same lobe dissolved and diseharga by giving band or otherwise. The Seller and his contractors shall take all safely Indications, Audit red install all guard madawy for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all tales and regulation issued punumt thereto. Revised 07R014