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HomeMy WebLinkAbout476648 NOVAK CONSULTING GROUP - PURCHASE ORDER - 9143232Fort Collins PURCHASE ORDER PO Number Page 9143232 1of2 This number must appear on all invoices, packing sli s and labels. Date: 06/10/2014 Vendor: 476648 Ship To: CITY MANAGER NOVAK CONSULTING GROUP CITY OF FORT COLLINS 210 GLENMARY AVE 300 LAPORTE AVE CINCINNATTI OH 45220 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 06/10/2014 Buyer: ED BONNETTE Note: PER 7623 Department of Social Sustainability Staffing and Structural Analysis AWARD TO NOVAK CONSULTING GROUP. Line Description Quantity Ordered UOM Unit Price Extended Price i Staffing and Structural Analys 1 LOT LS 10,000.00 is 2 Staffing and Structural Analys 1 LOT LS 1,915.00 is 3 Staffing and Structural Analys 1 LOT LS 1,915.00 is 4 Staffing and Structural Analys 1 LOT LS 1,165.00 is 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 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 from sate and local tare, Our Exemption Number is 98-H502. Federal Excise Tax Exemption Consultant, of Registry Sl6000587 is c,,,I.d with the Collector of Internal Revenue. Denve, Colorado (Ref Colorado Revised Smarts 1973, Chapter 39-26, 114 (a). Goods Rejected- GOODS REJECTED due to failure to meet specifications, either when shipped or due fo de@c¢ of damage in transit, may be rerumd w you for credit and are not to be replaced except upon receipt of written intervenors from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance- Receipt of the merchandise, w or quipment in response to this order a. reach in authorized payment on the part of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE A dependent upon empletion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay Freight and charge separately, the original freight bill must acessmar vinvoice. Additional chances for working will not be wanted. Shipment Disfenec. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the nearest distribution paint W dutinatioq and excess height will be deducted from Invoice when shipments are made from great,, distance. Permits. Seller skull procure at sellers sole cost all necessary permits, certificates and license required by all applicable laws, regulations, odimnees and roles ofthb state, municipalit, tertiary or political subdivision where the work is pufarmed. or required by any other duly constituted publio authority having judediaion over the work of vendor. Seller further agrees to hold the City of Port Collins harmless from unit against all liability and loss erred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles incurred requirements. Authoriaatim, All parties to this contract agree that the nepreaccouiws are, in fuel, boon fide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Punkas, Order calamity limits acceptance m the toms and conditions aimed herein set forth and any supplementary or additional mats and conditions annexed hereto or ion'rmtd herein by reference. Any additional or different from and conditions proposed by seller are objected to and hereby rjmtd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date an noted. Time is of the ecener. Delivery cad performance most be effected within the lime stated on the purchase order and the documents attached herein No sets of the Pnrelowers including, without houtram., acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to ocher legal and cqu mble remdles, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages c a result of delays due an causes net .......ably foreseeable which a a beyond its reasonable control and without its fault of negligence, such acts official, acts of civil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or hats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days a(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 Really reason spike delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andle, other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with aecep,d standards Cur work of a 'similar mtuce. The Seller agrees to hold [be purchaser harrrrle s from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warrenty. 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 as may be prescribed by law or by the terns of any applicable warranty provided by the Seller alder the date of er,mnce of flue goods furnished hereunder Intention not a be nnreasonubly delayed), resulting From imperfect or defective weak done or materials Pomishd by the Seller. Acceptance or use of goods by the Purchaser shall not construte a waiver of any claim under this warranty. Except m 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 waranaw or guarantees, but such liability shall in no event include lass ofpofits or 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 to legal terms by written change.,do,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changer to the terms, other than Ingal terms, including additions as or deletions from the quantities originally ordered in the specifications or drawings, by venial or written change order If any such change effects the amount due or the rinse of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The P... low r may at any time by written change order, mrniote this agreement . to any or ail nions of the goods then not shipped, subject to any equitable adjustment between the ponies as as 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 consequential damages, and that no such adjustment be made in favor of the Seller with respect do any goods which are the Sellers standard stock. No such termination shall relieve the Parham or the Seller of any oftheir obli,momm as to any goods delivered henunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or terrain lion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold delivered and furnished in stand compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such doomenes as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and bold the Purchaser harmless from all costs and damages suffered by the Purchmer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, fmmf,,, or convey this order, or any monies due or to become due hereunder without the poor written cousin office other parry. 10. TITLE, The Seller warrants full, clear and pmwnrio ed title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I L NONWAIVER. Failure of the Purchaser to insist upon atria performance of the teems and conditions hereo( failure or delay to exercise any rights or remedies provided herein or by law, failure as promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 insist upon strict pedoamance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this pmehas, order by the Purchaser operate e a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUS f CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting From antitrust violations are in fact home by the Purchaser. Theretofore, forpodcause and as consideration for executing this purchase order, the Seller hereby assigns to the Pureltcor any and all claims it may now have or hereafter acquired under federal or sate contrast laws for 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. Ifire Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereaRu indicate i,, inability or unwillingness m comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs assodarn with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any rams, resulting from the puforamen of such work. This release shall apply even in the event of fault of —,Ij,a ce of the party relesed and shall extend to the directors, officers and employees of o.la pan,. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be pefif med by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, p.feet, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by crown of the use of such patented designdevice, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time drum, the prosecution or after the completion of the work In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to ,nmtimm infringement and the use of said equipment or part is enjoined the Seller shall, of its own expense and at its option, either poor, for the Purchaser the right as continue using said equipment or parts, replace the same with substantially equal but warinGnging equipment, or modify it so it becomes naninfringing. IS. INSOLVENCY. If the Seller shall beer., insolvent or batd,rapt, make an assigmmew for the benefit of creditors, appoint a receiver or Imshe for any of the Sellers property or business, this Dade, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions efforts used or the interpretation ofthe agreement and the rights of all pansies hereunder shall be connected under and governed by me laws of the into ofC.Ia.db, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprem,afive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully complain and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchase. When materials and equipment are fmished by others for micallation or erection by the Seller, the Seller shall receive, unload, sure and m handle sae at the site and become responsible therefor as though such materials and/ur equipment were being famished by the Seller under the order. 18. 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 me work covered by this purchase arde, maDor to their dependents in accordance with the laws of the sate 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 i... once with bodily injury and earth lima, of. leant $300,000 far any now perm., S500,000 for any one accident and property dosage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compertnation and insurance. Before any of the Sellers or his contractors employees shall der any work upon the premises of orders, the Seller shall famish the Purchaser with a cartificam that such compensation and insurance have been provided. Such cerificates shall specify the date when such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and insurance expince. The Seller agrees that such compensation and Insurance shall be maintained until after the enre tiw.k is completed and accepte 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bead, assumes the entire responsibility and liability for any and at I damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any of all of the Producers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by town of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents m employees. In case any suit or other proceedings shall be brought against the Purchase , or its officers, agents or employees at any time on account or by mown of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers awn expense, to pay any and all costs, charges, spa.eys fees 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 suits or other proceedings, and in case judgment or other lien he placed neon or obtained against the property of the Purchase, or said parties in or m a result of such suits or offer proceedings, the Seller will at once cause the same to be dissolved and diuhargod by giving band or otherwise. The Seller and his contractors shall fake ail safely precantiom, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulators with regard to safety including, but without limimtion, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto Revised03/2010