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HomeMy WebLinkAbout536892 GAYL E YOCOM - PURCHASE ORDER - 9142513Fort Collins Date: 05/06/2014 Vendor: 536892 GAYL E YOCOM 6813 MT NIMBUS ST WELLINGTON CO 80549 PURCHASE ORDER PO Number Page 9142513 1012 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 05/05/2014 Buyer: WILSON, JILL Note Line Description Quantity UOM Unit Price Extended Ordered Price Local Funds Only MAX Artwork 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 1 LOT LS 3,000.00 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 statute the City of Fort Collins is exempt fmm state and local taxes. Dec Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon sector performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised StaNtes 1993, Chapter 39-26,114 (a), exercise any rights or man Mies provided herein or by law, failure in promptly carry the Seller in the a'an of a branch, the acceptance afar payment for goods hereinafter or approval of the design, shall not release the Seller of Goods Rejatd. GOODS REJECTED due to failarc to meet specifications, either when shipped or due to da&cs of any of the warranties or obligations of this purchase order and shall not be darned a waiver of any right of the damage in Rapid, may b, resumed to you for credit and am, not to he replaced except upon receipt of xrinen purchaser to insist upon strict performance hereof or any of its rights or remedies as, to any such goods, regaolless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported coal modification or rescission or this purchase order by the Purchaser operate as a waiver of any of the teams Inspection. GOODS ure subject to the City of Pon Collins inspection oa arrival. hereof. Final Acceptance. Receipt of the merchandise, services or alaipmem in response 1. this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. suthonud payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize chat in actual ancrournic Practice, overcharges resulting boom antitrust ACCEPTANCE is depender, upon complexion.fell applicable required inspection pm it—. violations are in fact home by the Purchaser. Theretofoa,f good cause and is consideration for executing this pumhose order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments muse be, F.OD., City of Fort Collins, 701 Wood St. Fiat Collins, CO 80522, unless acquiml under federal or stale antitrust laws for such overcharges ralaming to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the originul freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expevied from the nwrest distribution paint to dosimeter. er. and excess freight will be deducted from Invoice when shipments ere made fmm greater distance. Permits. Seller shall procure at sellers sole cast all neces aq permits, certificates and licenses nquird by all applicable laws, regulations, ordinances and ales cribs state, come atity, words, or Political subdivision where the work is pert and, or required by any other duly continuator public authority havingjurisdiction over the work of vend., Seller further agrees m hold the City of Fort Collins harmless fmm and against all liability and loss incumsl by them by reason of an mimed or established violation of any such laws, regulations, .,drum.. cities and requirements. Authorisation. All Forties to this contract agree that die representatives art, in fuel, born fide and gussess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions armed lectern set forth and any mpplemenmry or additional temp and conditions annexed hereto or incorporated herein by reference. Any additional or different corms and conditions proposed by seller me objected to and hereby jetted 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa yam promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Imitation, acceptance of partial lam dal ivories, shall operate in a waiver of this provision In the event of any delay, the Purchaser 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 causes not reasonably fomaable which are beyond its reasonable control and without its fruit of negligence, such acts ofGd, acts ofcivil or military authorities, gmxmmmtal primimes, fires, strikes, Good, epidemies, wars sec riots Provided that notice of the condition causing such delay is given in the Purchaser within five (5) days of the time wban the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the Formal equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dowries, specifications, samples andtor other descriptions given, will be N for the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standaad for work of a milar nalone The Sella agrees m hold Om purchaser harmless from any loss, damage or expense which the purchaser may sufferer incur on account of the Sellers branch of wammty. The Sella shall replace, organic or make good, without cost to the purchaser, any defects or f Its arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller utter the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperf t or defective work done or materials famished by the Sella. Acceptance or use or goods by the Purchaser shall not conclude 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 proximately caused by the breach of any of the foregoing warranties or guarantors, but such liability shall in no event include loss of pmfi%or loss of ure. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Peachnses may make any changes to the terms, other than legal arms, including uniform to or deletiota fmm the quargides originally ordered in the specifiatiom or drawings, by Total or wAtm change order. If any such change afrerts the amount due or the time afperf cars. hereuMe, an alrinable adjustment shall be made. 6. TERMINATIONS. The Purchaser any at any time by written change order, terminate this agreement as to any or all portions of the ,mots than not shipped, subject to any comitable adjustment between the parties 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 victor work, for incidental or consequential damages, and that no such djusrmem be made in favor of the Seller with respecno any goods which sae the Sellers standard stock No such lamination shall relieve the Purchaser an the Seller army of their obligations as m any goods delivered him undo. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the Jute the change or truncation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and famished in sofa compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such daumens as may be required to effect or evidence compliance. All laws and regulations required on be nempo med in agreements of this chametir pre hereby inevrpormad herein by this reference. The Seller agrees m indemnity, and hold the Purchaser comma from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Fary shall msigr, tmm2r, an convey this order, or any monies due or to become due hereunder without the prior acainen consent of the other Early. 10. TITLE. The Seller warrants full, clear and unrestricted tide as the Purchaser for all aluipmenl, materials, and items famished in performance of this agreement, free and clear of any and all liars, restrictions, mservations, accurity interest encamba Ices and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective gods by a dam to be agreed upon by the Purehmer and the Seller, and the Seller hereafer indicates its itedbility or unwillingnessm comply, the Pro cheer may cause use work to be pert ed by the most expeditious ream available to it and the Seller shall pay all costs assaisted with such weak. The Seller shall release the Purchaser and its contractors army tier from all liability and claims of any nature rastibin, from the poficourace.1 such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch parry. The Sellers contactual obligations, including wananty, shall not be, darned as Ire reduced, in any way, baause such work is Performed or caused to be Performed by the Purchaser. 14. PATENTS. Whanever the Sella is required to use any design, device, material or p.a. covered by letter, Patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchase, from any and all claims for infringement by reason of the use of such patemed design, device, mateml or process in connection with the contras, and shall indemnify the Purchaser for any cost expense an damage which it may be obliged as Foy by reamn ofsuch infringement at any time during the prosecution or afa the completion of the work. In case said vN ipmen, or any pan thereof or the intended use of the goods, is in such mit held to constitute infringement and the cue of said equipment or an is enjoined, the Seller shall, at its own expense and a1 its option, either pmcmre for the Purchase, the right to continue at, said equipment or pans, reploa the sane with samiuntially equal bur noninfringing cquipmen, or mdify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or handoup, make an assignment for the benefit of creditors, splinter a receiver or trustee for any of the Sellers properly or business, this order may forthwith be, canceled by thc purchaser without liability. 16. GOVERNING LAW. The definitions .fit., used or the interpretation oflha a gracrem ad the rights of all ponies hereunder shall be onswed order and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in causes where the Seller is in perform work hereunder, including the services ofShcers Represeakinvefsh on the premises ofodmu. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers awn risk until the same is fully completed end accepted, and shall, in ruse of any accident, destruction or injury to the work ond/m materials before Sdnea final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mammals and equipment are famished by others for mediating or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials amber equipment were being famished by the Seller under the under. 18. INSURANCE. T he Seller shall, at his own expense, provide for the payment of worker compemation, including occupational disease benefirs, to is employees employed on or in connection with the work covered by this purchase order, arbor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, amprehemive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S3cO.nW for any one Person, 5500,000 for any one accident and property damage limit per accident of 5100,000. The Seller shall likewise require his omronents, if any, to pmvida for such compensation unit insurance. Before any of me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with it ceni ante rho such compensation and insurance have been provided. Such cenif ernes shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such communication and becomes, expires. The Seller agrees that such compunction and insurance shall be, announced until after the entire work is completed and i ecepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as es the entire responsibility and liability for any and all damage, loss or injury army kind or nature whasoever to persons or property, caused by or resulting from the execution ofthe work provided for in this purchase color or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any cr all of the Purchasers officers, agents and employees fmm and against any and all claims, loess, damages, harges or expenses, whether direct or indina, and whether to Persons or property to which the Pmchmer may be put or subjat by reason of any act scion, anglers, omission or default on the pat of the Sella, any orals contractors, or any of the Sellers or contractors officers, agents or employora In case any suit or other proceedings shill be Enough, against the Purchaser, or its officers, agents or employees at any time on account or by reaon of Foy act, action, negla, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgment, that may be incurred by or obtained against the Purchaser or arty of its or their officers, agents or employees in such suits or other pnocaedings, and in case judgment or other lien be placed upon or obtained against the property i fthe Purchaser, or said parties in or m a result of such suits or other pmecenimi the Sella will at once muse the same to be dissolved and discharged by giving band or mlmr ame. The Seller and his contractors stall take all safety precautions, furnish and metal all guard naesmry for the precarious. of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 032010