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HomeMy WebLinkAbout541135 CARLOS GALLEGOS - PURCHASE ORDER - 9144993Fort Collins Date: 08/29/2014 Vendor: 541135 CARLOS GALLEGOS 719 E PROSPECT RD FORT COLLINS CO 80525-1108 PURCHASE ORDER PO Number Page 9144993 1of2 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 2,400.00 719 E. Prospect 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 Total 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 exemption. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIV ER. 9"502. Pedcral Excise T. Exempton Certificate of Registry 84-6000587 is registered with the Collector of Failure of the producer to good upon strict performance of the tense and conditions barter failure or delay to bncmal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973. Chap,a 39-26. 114 (a). exercise any rights or remedies provided herein or by law, torpor to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder at imperial ofthe design, shall w, release the Sell=of GOak Rejected. GOODS REJECTED due as failure to mea specifvertion, either when shipped or due to stations of any of the evacraft, or obligation of this purchase order mW shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not f be replaced except upon return of wriven purchaser to inset upon stria Performance hereafor any of its rights or remedies as to any such goods, regardless instructions from the City offbeat Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryorted oral modification or rescission of this purchase Omer by the Pumh.e operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equiptnent in response to this order can result in 12. ASSIGNMENT OF AN (TRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to b, understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Item antitrust nfor fgood T ACCEPANCE is dependent upon completion of at l applicable required inspection procedures. violations are in fact bone by the Purchase, Iheretofore, cane and as consideration For executing this purchase order, CO Seller hereby .assigns to the Purchaser any and all claims it may now have or hereafter Freight Perms. Shipments must be F.O.B., City of Foe Call in, 700 Wood St, Fon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods at services otherwise specified oa this order. if Oeirission is given W Prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charmer for tacking will not be operated. Shipment Dislatme. Where maO.f corers have distributing pm id. in various pans of the coumry, shipment is expected from the narest distribution point to deaintion, and excess freight will he deduaed from Invoice when shipments are made from greater distance. Permits. Seiler shall pr.a at sellers sole cost all rmcesury permits, certificates and licemes required by all applicable any, regulations, ordinncys, and rules of the slate, municipality, tarday or political subdivision where the work is perfrmN, or required by any other duly mwimmd public authority having jurisdiction over the work of vendor. Sella fuller sports to bold the City of Fore Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established solution of any such laws, regulations, on inar res, pules and requfernents. Authariau,ion. All parties In this contact agree that the representatives are, in fact, bona fide and possess full and replete authority in bind said parties. LIM] IA'I'[ON OF TERMS. This Purchase Order expressly limits acceptance to the tems and conditions stated herein set fnnh and my supplementary or additional terns and csmd, lions marred herein Or incorpoand train by reference. Any additional or different leans unit conditions p c,md by seller are objected 10 and hereby rejected. 2. DELIVERY. PLEASH ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment in arrive on your promised delivery dare as noted. Time is ofthe.sence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limiation, accepune, Orleans) late delivedm, shall opeam as a waiver of this provision. Iso the event nfany delay, the Purchase shall have, in addition to other legal and equitable remedies, the option of placing this omen elsewhere all holding the Seller liable fm damages. However, f e, Seller shall runt be liable for damages as a resin of delays due or eauus not reasonably foreseeable which are bryoed its propagated, connol all without its fuel, of negligence, such acts of Gad, over of civil or military authorities, governments[ pruni,ies, fires, strike, flood, epidemics, wars or riots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of be ,ice when the Seller find received knowledge thereof. In the event of my such delay, the date of delivery shell be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTT Y. Ile Seller warrants that all gwJs, articles, materials and wark covered by this order will confirm with applicablc drawings, specificatiom, samples and/or 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 f hold the purchaser to m las from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time n may be preserdedi by law or by the terms of my applicable warmnry provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not in be unnuoug ably delayed), resulting from imperfect or defective work done or neatens@ furnisher by the Sella. Acceptance or use of goods by the Purchaser shall not covtiuve a waiver nfany claim mda his warranr, Except as otherwise provided in this purchase oMe,. the Sellers liability hereunder shall extend to all damages proximately cloud by the breach of any of the foregoing warranties or gumardees, but such liability shall in po event include loss ofprofits or loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes f legal terms by "lien change order. ` 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ]arms, other fh:m legal terms, including additions to or deletions from the qunionava p iginAiy ordered err the specifications or drawings, by verbal or wdgen change order 11any such change athats [6e amount due or the time of pert mtana hemtmder, an equitable adjustment shill IN made 6. 1'F.RMI NATIONS. T he Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject an any equitable adjustment between the parties as to any work ar m oceeds then in progress provided that the Purchase shall not be liable for any claims for anticipated profits on the uncontplard portion of the goads and/or work, for incidental or consequenfial damages, and that no such adjustment be, made in favor of the Sella with respect m any goods which me the Sellers sca dand stock. No such ter ommon shall relieve the Purchaser or dre Seller of any of their obligations. of any Sport delivered hereunder. 1. CLAIMS FOR ADJUSTMENT Any claim for adjustment most Ire assaned within thirty (30) days from the done the change or mmrirmtion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and fumehed in strict compliance with all applicable laws and regulation m which the goods am subject. The Sella shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this refrence. The Sella agrees to indemnify and hold the Puah.a hairless from all costs and damages suferof by the Purchaser . a result of the Sellers random to comply with such law. 9. ASSIGNMENT. Neither pony shall sign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written coaxial of the other Party. 10. TITLE. The Sella woman full, clear and anmonersed title to the Purchaser for all equipment, materials, and items fumishcd in peformawe of this agreement, free all clear of any and of liem, resbictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser drivers the Sella to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability w unwillingness to comply, the forefinger may cause the work m ha performed by Ore moss expeditious mearss.,.,]able to it, and the Seller shall Pay all eats associated with such work. The Seller shall release the Purchaur and its contractors of any tier Item all liability and claims of my vmm probing from the performance of such work. This release shall apply even in she event of fault of negligence of the parry releasM and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perforated by the Purchaser. 14. PATENTS. W he lever the Seller is required to ne any design, device, material or process covered by letter, paten , trademark or copyright, the Seller shall indemnify and save I»nnless the Purch.a from any and all claims far infringement by reason of the else of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser far any cos,, expense or damage which it may be obliged as pay by rcaen of such infringement at any time during the prosecution or after the completion of the work. In case said cquipmrnl, ar any pan thereof or the intended sere, of the goods, is in such suit held to constimre infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchase the right to continue using said equipment or pans, replace the same with substantially equal but noninringing equipment. or modify it an it account noninfdnging. 15. INSOLVENCY. If the Seller shall bcoorne insolvent or bankrupt, make an ass,cau, for the benefil of ardimrs, appoint a madya or mraec far any of the Sellers property or business, this Orde may forthwith be caneded by the Purchnser without liability. 16. GOVERNING LAN'. The definitions ofterms used or the interpretation ofthe agreement and the rights crap Fan. hereunJa shall be cautioned under and governed by the laws of the Slate of Colorado. USA. The following Additional Condition apply only in where the Seller e toperform work hereunder, including the services of Sellers Repression ivels), on thecases premises of others. ❑. SELLERS RESPONSIBILITY. } The Seller shall cony, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in au of any xcidem, destruction or injury to the work prefer materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Provinces,. When materials and equipment ere principal by others far installation or meeting by the Seller , the Sella shall manse, unload. some, all handle same at the site and biome responsible therrfor as though such mmmaB arWor approval were being furnished by the Sella under the other. 18. INSURANCE. The Seller shall, at he own expense, provide for the payment of workers compenation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andtor to their dependents in accordance with the laws ofthe state in which the work is to be done. The Sella shall also tarty cora,ml emive general liability including, but not limited to, contractual and automobile public lrmifiiry ic,uroc—with bodily Iu)ury vad death lima, vl'at least $300,000 for any one person. S50111ah0 for any cone accident and property damage limit per accident of S400,000. The Seller Shall likewise require his if any. 1. provide far such a mp=rrmmn and inwmnce, Retire any of the Sellers or his contractors employcersshall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate, shall specify the data when such compensation and insurance have been provided. Such ceai icates shall specify the der d when such compensation and insurance exports. The Sella agrees that such compensation turd insurance shall Ige maintained until after the entire work is completed and arcepm). 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the calve respmsibiliry and liability for any and all damage, loss or injury of any kind r mute whatsoever m persons m properry caused by or resulting f the execution ofthe work provided for in this purchase order or in counetion herewith. The Sella will indemnify and hold harmless the Pandora and any r all of the Purchasers arrears, opens cod employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persona or property to which the Purchaser may br put or subject by caanon of my act, action, neglect, omission or default on the pan of the Seller any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any stir or other pmcmdinga shall be bmuglad against the Purehawa or its officers, agent, or employees at any lime oa account or by reason of any or, action, neglect, omission or default of the Seller of any of his contmanra or any of its or their officers, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, m pay any and all costs, tissues, attorneys For, and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Officers, agents or employees in such suite or other proceedings, and in case judgment or other lien be placed upon Or obtained against the property of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will an are cause the same It be dies hat and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards accesmry for the prevention of accidents, comply with all laws and regulations with regard to serfery including, but without limitation, the Occupmiomal Safety and Health Act of 1920 and all rules and regulation issued por aim thereto. Revised 02R014