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HomeMy WebLinkAbout457775 FARNSWORTH GROUP INC - PURCHASE ORDER - 9116727PURCHASE ORDER PO Number Page Cityof , et 2 number st art Collins jon"ll invoics, packing slips and labels.. Date: 11/08/2011 Vendor: 457775 Ship To: ELECTRIC UTILITIES FARNSWORTH GROUP INC CITY OF FORT COLLINS 3538 JFK PARKWAY,'STE 3 700 WOOD Si FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 11/08/2011 . Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Building Code Training Service 1 LOT EA 11,355.00 in accordance with Scope Attached and contract Bid 7255 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wrn Total $11 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tams and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By more the City of Fort Collins is exempt fmm state and local taxes. Our Exemplar Number is 11. NONWANER. 98.0f502. Fedml Each. Tax Exemption Caificate of Registry IT 6000587 its egistned with the Collector of Failure of the Purchases m insist Tom spin Pafmmana m tM 1. art conditions hereof, failurc or delay, to Internal Revenue, Denver, Colorado (Ref. Colorado Rcvised Ssamra 1973. Chapter 39-26, 114 Ed. excncice any fights or rcmedi¢ provided herein or by eon, failure ]a promptly notify the Sella in the event Till breach, the i cesphnre ofm payment fro grad hmundm Orapproval ofhe design. shall not release,M1e Seller of Gads Rejeced. GOODS REJECTED due to folureI. tom specifications, either when shipped or due a defcu of anY Of the warranties or Obligations effis puahasc oler ape shall net he deemed a naiecr ofany right affie damage in --it, may be, returned to you fro aNit cod arc not to be replaced except upon tempt of writen purelu.w, to insist upon each pafmmance harofm any of its rights or remedies res to any such gaper, regardless in firttniom farm the City effort Collins. Of -han shipped. received or reapta, as 10 any Her or statistical default hereunder. nor shall any purported Oral modification a rrscission of this purchase older by the National, Operate as a waiver of any of the team Inspection. GOODS art subject to the City of Fort Collins inspection on mervd. bmaL Final Acceptance. Receipt of the merchandise. se rem or equipment in slec to this mdcr can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, autbodmil payment on the pan of the City of Foe Collins. Howevo, it is 1. be unda9ood that FINAL Seller and the Purchaser magnbc that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dceen teal upon completion of all applicable earned ow,clien praeduas. violations Is in fact borne by the Purchaser. Th,amfine, far good most ea as consideration fro executing this purchase enter. the Seller hereby assigns to the Purchaser an and all claims it ma h In IF Terms. Shipments must he FO.B., City of Fort Collins, 700 Wood St, Fort Collins. CO 80522, unless otherwise specified on this order. If permission is given to papay freight and charge separately, the original freight bill must accompany invoice Additional charges for packing will not be accepted. Shipment Diane,,. Where manufacturers have distributing points in us pans of the countrypm , shipment is ex,we c t four the nearest distribution point to destinationecon] excess freight will be dallied from Invoice when shipmrn¢ are made from grtmer distance. Permits. Seller shall Procure .1 sellers soil cost all necessary permits, raddleales end licenses required by all applicable laws, regulmices, ordinances and rules oftM1e stale, municipality, territory or polhieal sublivision wham the work is paformM, or required by any other duly constituted public authority having jurisdiction over the work co of wdnr. Sella brother agrees m held the City of Fort Collins harless fmm and against all liability and loss incurred by them by reason of an iss or Tali violation of any such laws, regu dins, ordinances, toles and m requirements. Aumoaivfon. All panes ct to this conneegrce far te hrepern staeves are. in fan. bens to& and lessens fun and omplem authority to bird said parties. LIMITATION OF TERMS. This Function, Older expressly lintata ies arynce 10 the ,.a and condilions ulna herein act forth and any supplementary Or additional lams and conditions annexes hereto or incorpomta herein by rms reference. Any additional or differenteand conditions propowd by tiller arc objected so am hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carom make complete shipmentrri to move on your pmmeed delivery date ss noted. Time is of the essence. Delivery and paf ante mum be eRtt1a within the lime stated on the purchase also and the davments attached harem. No acts of the Purchasrs including without limiution, acceptance ofpanial late deliverers, shall opera as a waiver suffix prevision. In the even, ofany delay. the Parchaser shall have et in addition to other legal and equitable rches. the option ofplacing this Order elacwhem and holding ,he Seller liable fro damages. However, the Seller shall not be liable for damages, as a result of delays Joe an causes not reasonably fmaecable which are beyond its reasonable control and without ih faun OfnegligenTT, such acts ini ads Ofeivil Or military authorities, gov mrraml priorities. Bees, Thr oon, flared, epidemic.,, wars ar rims provided that Tense of the conditions causing such delay is given or the Purchaser within five (5) days of she time when the Seller four received knewledge thereof In the event of any such relay, the date Of delivery shell be extended for the Period equal 10 theaon e time actually tom by rsof the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this older will conform with applicable drawings, specifications, anterior andler Other descriptions given, will he fit far the purposes intended, and pages with the highest degree of care and competence in accordance with accepted shndards for work Of a 'eril r nature, The Sella agrees to hold the purchaser haceless from any loss, damage or expense which the Purchaser may suffer or incur an account oftM1e Sellers breach of warnry. The Seller shall replace, repair or make good, without ever n the purchase any defects or faults arising within one (1) year or within such Imager period of time as may be pleaded! by law or by the temu ofany applicable warmly pmvidcd by the Seller alter the date of acceptance Of he grads fumished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or detective wok done O, mmaids forabl a by the Sella. Acceptance or use of goads by the Purchaser shell not eniime a waiver ofany claim undo this warnty. Except as otherwise pmvidcd in this purchase offer, the Sellers liability Labrador shall extend to all damages communally caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no event include loss of profits err loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal toms by written change omet 5. CHANGES IN COMMERCIAL TERMS. The, Purchaser may make any changes ill the Iona, other than legal terms, including additions to or deletions from The quantities originally ordered in the specifications or comings, by venal or women change other. If any such change affects the amount due or the time Ofperfarar m hereunder, an equitable adjustment shall M made. fi. TERM INATIONS. The Purctasa may at any time by written change order, terminate this agreement as to any or all portions of the grad then nut shipped, subject in any equitable adjustment women the pieties as to any walk or mmaia is then in pmVcm provided that the Purchaser shall net 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 Sella with respect to any good which age the Sellers standard stack. No such formulation she 11 relieve the PumMser or the Seller of any afthcir obligations as to any goods de ivaed remember. ). CLAIMS FOR ADJUSTMENT. Any claim for adjoldrat moat be msened within thiry (30) days form the data the change or hrinmion is ordered 8. COMPLIANCE WITH LAW. The Sella warms ,ha, ell good sold hounder shall have ban pmduccd, sold, delivered and furnished in strict compliance with all applicable laws and mgula(wns to which the goods are subject. The Seller shall execute and deliver such documents as may be required to elm or evidence compliance. All laws and regulations required to be inter wraled in mawmene Of this character arc rally incarcerated herein by this reference. The Seller agrees to indemnify and hold the Purchaser lade. from all is and danumm mRaa by the Pam erser or a moll in the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncilha patty, shall resign, hanger, or anvry this.len or any monies due or to became due bmuaer without the prior written consent aflhe other party. 10. TITLE. The Sella warms full, dear ape unrestricted till, to the Purchaser for all equipment. materials, as items furnished in perference of this agremenl, free and clear of any ape all liens, restrictions, rescrvarions, memory immst encumbrances ape dims of others. y y now have .r Rea er acquired under facml or state antitrust laws for such Overclorga rtlaling to the particular goods cr wivic,s purchased or acquired by the Purchaser pursuant to this Perchau Order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser a imas the Seller to coned ooneonforing or defallve goods by a date to be agreed upon by the Purchaser and the Sellen and the Sella thereafter indicate, iu inability or on, illm,com to comply, the Penansa m.y cause the work to be for armed by the tops, expeditions meows available to i,, and the Seller shall pay all casts ...aimed! with such wark. The Seller shall release the Purchaser and Its c.... o cars of any tier fmm all liability and dales ofany wome resulting fiver the pafmmmuc, ofsueh work. This relcae shall apply even in ,he event of fault of aghgi nee of me pant released and Shan extend in the dilennrs. rights. and empinals ofsueh perry. The Sellers conaremal oblipalions including warranty, sM1ell no; be rimmed to be educed, in any way, because such work is performer or caesed to he performs by the Purchasa. Id. PATENTS. Whenever the Seller is requires to use any design, device, material or process leveed by leucu patent trademark or copvrigln, the Seller shall indemnify and save bennli the Purchaser fmm any and all claims Ito infringement by reuon of the sex of such patmta design, device, material fir pmecas in'..a .. with the contract, and shell indemnify the Purchaser fro any cost, expense or damage which it may M obliged to pay by reason ofsueh infnngemrnl at any time during the formulation or a0a the completion of the wark. In Time said equipment. or any pan thereof or the intended use of the goods, is is such suit held to constitute infringement and the use of said equipment or pan is enjoined the Sella shall at its own expense and at its option either pracmc far the Purchaser the right to continue using said equipment or pans, replace the come with substantially equal but noninfringing equipment, or maify it so it becomes noninMnging. 15. INSOLVENCY. If the Sella shall kvOmf unclear Or bankmp,, make fin assignment for the benefit of milers, appoint a mociar or hustle for any of the Sellers property or business, this order may forthwith be canceled by the Purchasa without liability. 16 GOVERNING LAW. The definitions of terms used or the imcmare mion of the agrcemcnt rand the rights of all panics remand ash ell be consmua under and governed by the laws of the State of Colon do, USA. The following Additional Conditions apply only in cases wham the Sella is to perform work hacunder, including the arvias of Selers Reprmentaulas), on the premises of olhers. 17. SELLERS RESPONMBILTTY. The Sella shall tarty on said work at Solia's own risk until ,M1e same is fully completed and accepted, as shall, in c ofany accident, destruction In injury in the wark end/or mmerials before Sellers final complefon and acceptance, Telephone ,M1e work at Sewer's own expense and to the satisfaction of the gentleman. When matmals and equipment are fumished by.,ha s for installation m election by the Seller, the Sella shall rceers , unload. store and handtc same el the is Had become respomible lhacfor as though such materials and/or equipment were Ming fumished by the Sella enter he oleo. 18. INSURANCE The Sella shall, at his own expense, provide for the Payment of werkm compmvtion, including occupational diaau brncftts, to its employees employed on at in concoction with the walk coveral by this pmchaa ruder, and/or to thdr dependents in memorable with the laws of the state in which the and, is to M doily The Seller shall also cart, comprehensive gooml liability including, bur not limited to. apartment ape automobile public liability examine with bodily injury and death limits ofm last S30pW fro any one prison, S500.000 fro any one Widen and propcny damage limit per accident Of S400,000. The Seller shall likewise require his conmarrre, Hanr, to provide fro such compensation and committee. Dethre any of the Sellers at his contractors employees shall do any work upon the prelims Ofothas, the Seller shall lomish the Purchases with a cenifrcme that such compensation and instance have been provided, Such certificates shall specify the date when each compensation and insurance have been provides. Such cenifinms shall specify line date when such compensation and insurance expires. The Sella agrees That such compensation and insurance sM1ell be mainmtned until tiger the air. work is complda and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and fill damage Ions or injury of any kind or nature wbatmover to peons or property caused by or resulting for,, the execution of,be work provided for in this putehase order or in connection herewith. The Seller Or I indemnify and hold Fumblers the Purchaser and any r hill of the Purchasers officers. agents and employees fmm and .gains, any and .II claims, losses, damages. charges Or cxpcmm , whether diem or indirect, and whether to permits or m,ay In which the Purchases may be put Or subject by reason of any act, action, mci omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or pareactions efforts, agents or employees. In use any suit or other proceedings shall be brought against the Purchaser, or its affects, agent or a ndoyms at any time on account or by reason of arty act, anion, neglect, omission err default of the Seller of any of his contractors or any of its or their officers, agcnrs or employees as aforesaid the Sella hereby agrees to assume the dcEnu fl cnnf and to defend the come at the Sellers own expense, to pay any and all caws, charges, immunity, fro and other expenses, any and all judgmenrs that may be incurred Still chained, against Pu¢besa.a sexy of its or their officers, agents or employees in such suits or other proceedings. and in as jedgmenl Or other lien be placed upon or obtained againm the property of lb, Purchase, or said panics in Or as a result of such suits fir Other Oexaedings. -he Seller will at onre amc the same to be dissolved end discharged by 6iwia, bond or mMrwise. The Sella as his contactors shall take all safety precautions, famish and insull ell gumds necessary fro the Recreation of cider. amply whb all laps and regulations verb regal 1e safety including. but without Ifi itafon. the Occupational Safety and Hoalth AT, of 1970 as ell toes and egulati... issue ryrrsu.at thanes. Revised 03LO10 a ..