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HomeMy WebLinkAbout130469 THE BRENDLE GROUP INC - PURCHASE ORDER - 9141858PO PURCHASE ORDER 914185er Page City of PURCHASE 41858 1 of z ' `tCollins/ This number must appear ` v " 1 on all invoices, packing sli s and labels. Date: 04/02/2014 Vendor: 130469 Ship To: ELECTRIC UTILITIES THE BRENDLE GROUP INC CITY OF FORT COLLINS 212 W MULBERRY ST 700 WOOD ST FORT COLLINS CO 80521 FORT COLLINS CO 80521 Delivery Date: 04/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price CONSULTING SERVICES 1 LOT LS 48,240.00 ENERGY SERVICES TECH ASSIST 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.wrn 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 maim the City of Fort Collins is exempt fmm mitt and local tans. Om Exemption Number is 98-MS02. Feder) Excise Tax Exemption Candace of Registry 94-6000580 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Reused Statutes 1973, Chapter 39-26, 114 (a). Goods Required. GOODS REJECTED due to failure as meet sped fiwtions, either when shipped or due as def is of damage to trl may be retumcd in ye. for credit and are toot 1. be replaced except upon receipt of .vrimat iav ruaiuns firm the Ciry of Fran Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merehndiae, snvkes or equipment in response be this occur can result in authorized payment on roc pan of the City of Fort Collins. However, it is to be understood tear FINAL ACCEPTANCE is dependent upon completion of all applicable required impaction procedures. Freight Terns. Shipments must be P.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522. unless wher ciao specified oa this order. If pemlssfon is is. to prepay fidget and charge sephowdy, the original freight bill must accompany invoice Additiowl charges far forking will net be moepted. Shipment Dichime. Where rwnuferawn, have distributing points in Ifia. pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Iwaice when shipments are made from greater distance. Permits. Seller shall procure tit tillers sole cost all necessary permits, afificates and lien. mluired by all applicable laws, regulations, ordinances and rules of the spite, municipality, rortitory or Political subdivision where flue work is performed or required by tiny other city honsiftded public authority having junsliction over the work of vendor. Seller father agrees m held the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an sserted or established violation of any such laws, regulations. m dmawes, roles and requirements. Authorization. All parties to this contract agree that the represematives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the boos and candldow stated herein set grant and my supplementary, or additional terms and candidates annexed hereto or incorporated herein by reference. Any additional or different Show and conditions proposal by seller are objened an and hereby requited. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as, noted. Time is of the essence. Delivery and Performance must be effected within the time spited on the purchase order and the documents attached herein. No acts of the Porchaxrs including without hanitanow, acceptance of partul lair deliveries, shall apaatt as 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 occur elsewhere and holding the Seller liable for damages. However, Yoe Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are brymd its rearwble control and without its fault ofne,gligence, such ace of God, aca of.hil or military authorities, governmental priorities, fires. strikes, Rood, epidandes. wars or fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller four received knowledge thereof In the event of any such delay, the due of delivery shall be extended for the period equal to be time actually last by mason of the delay. 3. WARRANTY. The Seller wwwda that all goods, articles, materials and work covered by Nis order will conform with applicable drawings, specifications, samples andor office descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted n ada,& for work of a similar nature. The Sella agrees to hold the purchaser harmless fmm any loss, damage or expense which the Punctuator may suntr a incur on aoromt of the Sellers breach i f wamnty. The Seller shall replace, repair or make goad, without cow to the preset, my def a or faults mixing within one (1) year or within such longer period of time w may be preseibed by law or by the terns of my applicable warranty provided by the Sella afte the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fiom imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchases shlt not conaitue a waiver of my claim under this wamnty. Except in otherwise provided in this purchase order, the Sellers liability heremrder still extend a all damages wool ety wuscd by the breach of any of me foregoing ceramics or guarantees, but such liability shall in has ever include loss ofpmfits or lass office, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make chxngs to legal teats by wzinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions human to quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change anects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change oMe,, terminate this afternoon as m any or all p rma ns of the guusH then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in pec,mas provided Nat the Purchaser shall not be liable for any claims for anticipated Profits on the uncompleted portion of the goads mdor work, for incidental or wmwuwrial damages, and that no such adjustment be made in favor of the Seller will sespec, to my goods which are me Sellers moral stork. No such termination shall renew, the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within Niny (30) days from flue date the change or termination is oMered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance will all applicable laws and regulation to which the goods are subject, The Seller shall execute and deliver much documents as may be squired to effect or evidentt compliance. All laws and regulations required to nd incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser hnmless from all costs and damages suffered by me Purchaser ns n result of the Sellers failure to comply with such law. 9. ASSIGNSIENT. Neither parry shall assign, mnsfe, in convey this made, or my twnies due or to become due hereunder without the poor written consent of the other party. 10. TITLE. The Sella warrants full, cleat and maintained title a the Purchaser for at] equipment, materials, and items famished in performance of this agreement, fro wall clear of any and all Berms, muinims, ssenatimes, vessel interest wcumb sacs and claims ofmhas. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions heree, failure or delay in exuarrise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance offer payment for goods hereunder or approval of the deign, shall notaelown 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 parcha er 0 insist upon strict performance haeofor any of its rights or remedies w to any such goods, regardless of what shipped, received or accepted. as to any prior or subsequent default heeunder, nor shall any Imported oral modification or rescission of this purchase order by the Purchaser operate w a waiver of any of the trams harof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser ruiognize rest in normal exassucandir practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause ail in consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or .to antitrust laws for such overcharges relating to the particular goods or services purchased or requirN by the Purchaer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dineds the Seller In correct 000commosing or defective goads by a date to be agreed upon by the Foretell and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may rouse the work a be performs] by the most expeditious means a owiWblc 1. d. and the Sella shall pay all cons associated with such wort:. The Seller shall release the Purolator, and is cmttmcmrs of any her from ell liability and claims of any wire resulting from the performance ofsuch 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 party. The Sellers contractual obligations, including warranty, shall not be dermal to be reduced, in my way, because such work is peRormed or caused a. be performed by the Purchaser. 14, PATENTS. Whenever the Seller is mcwh d to use any design, device, womill or p.a; covered by loner, pace, normal or copyright, me Seller shall indemnify and save hitless the Puchaer from any and all claims for 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 cosh exprme or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the weak. In oase said aiuipmw, or my pan thereof or Ne intended use of the goads, u in such suit held in ccnstifite infnngcmem 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 Purolator the right to continue using said equipment or pans, replace the same with substantially equal but non infringing ryripmen, or modify it so it becomes naninfninging. 15. INSOLVENCY. If the Seller shall become insolvent or bmkrep, make an assignment for the benefit of creditors, appoint a partner m muter, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftrrtm used or the interpretation raff, agreemem and me rights of all parries hereunder sell be onstred rode, and uppreal by the laws of the Spite of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work harmnde, p including the services of Sellers Rerachou oad. on the promises ofathers. I). SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own risk uatil the same is fully completed and moepred, and shall, in e of my accident, desmmlon or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellars own expense and to the satisfaction of the Purchaser. When materials atW aiop new are furnished by others for inorgatic. or ereniw by the Sella, Re Seller shall receive, unloaack store and hurdle same at the site and become responsNle therefor as though such mmenals mNor airtime., were being furnished by the Seller ander the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers perpetuation, including occupational disease benefits, ro its employers employed on or in command with the work roveral by this purchase order, cookie to their dependents in accordance work the laws of the spite in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur nut limited to, contractual and automobile public liability im... nee with bodily injury and death limits of tit lean $300,000 for any one person, $500,000 for any one arecidem and property damage limit per accident of S400,000. The Seller shall likewise require his conerwarm, Tarry, to prmide, for such compensative and insurance. Before tiny of the Sellers in his contractors employers shall do any work upon the premises of others, the Sella shall famish the Purchaser will a certificate that such compensation and insurance have been provded. Such cenife.nes shall specify the die whw such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mainained until a0er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Ile Seller hereby summers the entire responsibility and liability for any and all damage, lass or injury ofany kind or wire whatsoever to persons or property caused by or resulting from the execution ofthhe work provided for in this purchase uNer or in counection herewith. The Sella will indemnify and hold harmless the Purchaser and any cr till of the Pusers officers, goodsgoods and employees froa m and gaired, my and all claims, lasses, damages. rcha harges or expenses, whether direct or indirect, and whether to persoow or pmpany to which the Purchases may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents m employees. In case any suit or other proceedings shall be brought against the Purchase, or its ofLcas, agents or employees at any time on account or by crown of my net, action, neglect, omission or default of the Seller of my of his conrmerors or my of its or deft officers, agents or employees as wortssid, be Seller hereby ogres to assume the defense Neraof and 10 defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against me Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in care judgment or other lien be placed upon of obtained against the property of the Purchases, or said parties in or as a result of such suits or other proceedings, the Sella will a, weer rouse the same an be dissoh'ed and discharged by giving bend or otherwise. The Sella and his contractors shall take all safety plantations, famish and install all (cards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but within limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations; issued pursuant thereto. Revised (Himlo