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