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HomeMy WebLinkAbout107956 NANCY YORK - PURCHASE ORDER - 3215324Fort Collins Date: 01/13/2015 Vendor: 107956 NANCY YORK 130 S WHITCOMB ST FORT COLLINS CO 80521-2621 PURCHASE ORDER PO Number Page 3215324 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Prim i 2015 Blanket Order Instructor 1 LOT LS 25,000.00 This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such goods and/or services. 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 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 exemptions. By smmle the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Canificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon smor performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sodium 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided terms or by law, failure to promptly notify the Seller in the event of a breach, rue acceptance for payment far goods hereunder or approval prole design, shall not release the Seller of Gaud R jaYed. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not be darned a waiver of any right of the damage in war may a remaned to you for reedit and are not to be replaced except upon receipt of wnarn purchaser to insist upon strict performance loran or any of its rights m remedies as to any such good, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchase order by the Purchaser operate an, a waiver of my of the hams Inspection. GOODS are subject its the City of Fan Collins inspection on arrival. hereof. Find Acceptance. Receipt of the merchant survicas or ryrupmrnt in mi,. to this order can molt N 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorimd payment on the pan of the City of Fan Collins. However, it is to IN wderslood that FINAL Seller and the Purchaser rrcognilm that in actual economic Practice, machmges rmsdoug from antivusr ACCEPTANCE is drpcMent upon mmplaion of all applicable inquired inpation praccdmor. statistical arc in fact borne by the Purchaser. Thcretaf , for good move and as consideration for executing this purchase order, ate Seller hereby amigo m the Purchaser my and ell claims it may now lave or hereafter Freight Teens. Shipments must be F.O.B., City of Fon Collins, 700 Wood St., Fan Collins, CO 80522, unless squired under federal or spite antitrust laws for such overcharges resting h the particular good m services otherwise specified on this oMer. If petmisslom is given to prepay freight and charge separately, the original freight purchased or acquired by the Purehmer porsuannto this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dinumbng points in various pans of the country, shipment is expected from the merest distribution point to destination, and amass freight will the, dcductaJ from Invoice when shipments are made form grater distance. Permits. Seller shall procure at sellers sale cost all naessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, ormory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Ton Collins harmless from and against all liability and Ins. incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and aquitrmrats. Authorvation. All parties to this contact agree that the raMour htives are, in fact, Firma fide and possess full and complete authority to bird said put LIMITATION OF TERMS. This Puorhme Other expressly limits acceptance to the terms and conditions slated herein set tomb and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diticant hors and conditions proposed by seller are objected to and hereby remedial. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery time as noted Time is of the assure. Delivery and perfortnarme malt a dlated within no, time award oa the purchase order and the dauments atmched team. No acts of the Pmelo era including, without limitation, acceptance approval late deliveries, shall mail as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, w addition mother legal and munable 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 foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts arroo or military authorities, govemmenhl priorities, Tres, strikes, Dodd, epidemics, wars or Mae, provided that write of the conditions causing such delay is given m dale Purchma within Five (5) days of the time when Be Seller first received knowledge thereof. In the event of my such delay, Rc date of delivery shall be extended for she period equal to the time mtudly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dawngs, specifications, samples MoPon other descriptions Given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'mile nature. The Sella ogees to hold He pexchaar harmless from any lass, damage or expense which ra Practical may suffer or incur on account of the Sellers breach of wanmnry. The 5<II<r stall urban, repair or make Solid, without cars so the Purchaser, any defers car faults arising within one (1) year or within such hanger Period of time m may a prescribed by law or by the rerms of my applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acemlance not to be unreasmably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate 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 wamanties or Members, but such liability shall in no event include loss of profits or lass 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 rams by worms cban, order. 5. C14ANGES IN COMMERCIAL TERMS. The Purchases may make any changes to the terns, other than legal terms, including additions to or deletions from Me quantities originally ordered in the [peeifcarions or drawings. by venial a written chanSe order. If any such change affects the amount due or the time ofperfom ce hereunder, an equitable wi nor arm shall a made. 6. TERMMATIONS. The Purchaser may at any time by wM en change order, terminate this agreement as to very or all Portions of the goods then not shipped, mbjaTto any claims], ad ustmmt between the parries as to any work err materials her in progress provided mat the Purchaser shall not be liable for any claims for anticipated profits on the unmmplecd portion of the goals andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers mainland stock. No such termination shall relieve the Purchaser M the Seller ofany of fruit obligation as to any goads delivered hereunder. ]. CLAIMS FOR AD3USTMENT. Any claim for adjustment must be aswted within thirty (30) days from ere dam the change or temmination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been pMuced, sold, delivered and f ished in mrict compliance with all applicable laws and regulations to which the goods Me subject, The Seller shall execute and deliver such documents as may a required to effect or evidence complianes.All laws and regulations required to a incmporium in agrmnents of this chamner are hereby incorporated hems by this refermm. The Seller agrees to indemnify and hold the Purchaser formless from all cars and damages surfaM by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, manager, or convey this order, or any monies due or to become due hereunder without the poor written consent ofthe oHaparty. 10. TITLE. The Sella wvnenw Bill, clear and unrmuncM tide to the Puahism far all equipment, minerals, and items famished in pmmmnawe of His agreement, free and clear of any and all lien, resnictimms, reservations, security interest encumbrances and claims opinions, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to a amer nonconfmming or defective goods by a date to be agreed upon by the Pncho er and the Sella, and the Seller thereafter indicate its usability or unwillingness to comply, the Purchaser may case the work in a performed by the most expeditious means mailable to it, mend she Sella shall pay all cosh associated with such walk. The Seller shall release the Proxima and its evaluation of any tier Sam all liability and claims of any nature resulting from the performmce of such work. This release shall apply even in the all of fault of negligence of the party relemed and shall extend to the directors, officers and employees ofsuch party. The Sellers command obligations, including wamanry, shall not IN dremed to be Much, in any way, because such work is pahmened or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covets by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fir infringement by reason of the use of such patented design, device, 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 ofsuch infringement at my time during the prosecution or oiler the completion of the work. In case said equipment, or my Pan thereof or the intended use of the ponds, is in such suit held to consparte inGngement and the use of said equipment or and is enjoined, the Seller shall, at its awn expense and at its opium, miner procure far the Purchaser the right to continue using said equipment a pans, repine the same with substantially equal but noninfrioging equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee far any of the Sell. property or braises this whir may forthwith a canceled by the Puwhaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the in emlastian of the agreement and the rights of all panics hereunder shall be constmed under and guvemed by the laws ofthe State ofCulool USA. The following Additional Condition apply only in reses where the Sella is m perform work herewda, including the services of Sellers Represenpitiya(s), on the premises orations. 17. SELLERS RESPONSIBILITY. The Sella shall cony on said work at Sellers own nsk urtil the same is fully completed and mceptd, and shall, in case of any accident, destruction or injury to ere work mdior materials before Sellers fiwl completion and acceptance, complete the work at Sellers awn expense and to ere satisfaction of the Purchaser. When materials and aquipmad are Pomished by others for installation or erection by to Seller, the Seller shall receive, unload, stare and wage same at the aim and become responsible therefor as though such man rals ondur equipment were being fumishN by ere Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for ere payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, Motor to their dependents 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 risibility insurance with bodily injury and death limits arm least $300,IX0 for very one persons, So%r.bW for any ore accident and propene damage limit per accident of $400,000. The Seller shall likewise require his contractors, Wary, to prmids for such mmpemation and insurance. Before very of the Sellers or his comrecmrs employees shall do my work upon the penises of others, no Seller shall famish the Purchaser with is catificate that such compensation and insurance have been provided. Such certificates sMll specify the dam when such compensmiwn and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind r m tuns wbmwner to person or porpary caused by or resulting from the execution offle work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Pmchmer and my r all of the Purchasers officers, agents and employees form and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by reason of any cal, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Pmchmer, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller, of any of his emlraztom many of is or their officers, agens m employees is aforesaid, the Sella hereby agrees to assume the defense harelip and all defend ere same at the Sellers own expense, to pay my and all cats, charges. mtameys fees and other exposes, my and all judgments Hat may be incunal by car obtained against the Purchaser or my of is or their officers, agents or employees in such suits or other proceedings, and in core judgment or other has has placed upon or obtained against he property of the Purchaser, or said parties in or as a result of such suits cur other proceedings, the Seller will at once cause tire same m be dissolved and discharged by giving band or omassive. The Seller and his contractors shall take all story precautions, famish and immll all guard necessary for the prevention of accidents, comply with all laws and regulation with bgah to safety including, but without limitation, she Hammerhead Safety and Health Act of1970 marl all ales and regdation issued purswat Hereto. Revised 072014