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HomeMy WebLinkAbout457775 FARNSWORTH GROUP INC - PURCHASE ORDER - 9142999City of �.For_t Collins Date: 05/30/2014 Vendor: 457775 FARNSWORTH GROUP INC 3538 JFK PARKWAY, STE 3 FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9142999 1o1`2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 05/30/2014 Buyer: JOHN STEPHEN Note: Line Description ""0""`y UOM Unit Price """` P Zl -..w 1 Foothills Activity Center Provide all necessary labor and materials for Enhanced Commissioning services per proposal dated 5121/14. 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 21,580.00 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 state and local taxes Our Exemption Number is I L NONWAIVER. 98 04502. Federal Excise Tax Exemption Cenificam of Registry 84 6000587 is registered with the Collector of Failure of [M1e Purchase, to insist upon strict performance of the terms and mnditioo hereof, failure or delay to Inremal Revenue, DenveS Colorado (Ref. Colorado Revised Samtes 1973, Chapter 39-26, 114 (a), exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breech, me acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in trauait may be returned W you for credit and are not to be replaced except upon receipt of women Purchaser to insist upon order performance hereof or any of its rights or remedies as 1. any such goods,.gaMless instructions from the City of Port Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Port Collm, inspection on arrival hereof, Final Acceptance. Receipt of the merchandise, services r equipment in response to this order armresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. n authorized payment on the part of the City of PoCollins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual ¢ rac is ptice, overcharges resulting fros m petit, ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase. Thereof m, forpodcause and no comaidermair for executing this purchase order, the Seller hereby assigns to the Purchase, any and all claims it may now have or heren0er Freight Terms. Shipments .rut be F.O.B., City of Fort Collins, 700 Wood St, Port Collins, CO 80522, unless acquired under Federal or same antioust laws for such overcharges relating to the panieular goods or services otherwise specified on this order. if permissim is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varme, parts of the country, shipment is If he Purchaser directs the Seller to correct noweambrning or defectiva gads by a date. be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Racbaser shipments are made from greater distance. may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pewits. Seller shall procure at sellers sole cast all necessary pewits, Wanifrcatas and licenses required by all applicable laws, regulations, ordinances and roles of Ne stale, municipality, territory, ar political sobdivisinn where the work is performed, or required by any other duly constituted public authority having Irradiation over the work of vendor. Seller fimher agrees to hold the City of Fort Collins harmless Bob and against all liability and loss ed by them by reason of an asserted or established violation of any such law, ar s, regulations, dinaroW, rates incurred ndrtrwuiremems. Auther-o n. All panics to his ramrod agree that the representatives me, in fact, bona ride and possess full said complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions proceed Ia.to or incorporated herein by reference. Any additional ordiffereo teems and conditions proposed by seller are objected to and hereby rejected, 2. 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 rune be effected within the time stated on the purchase order and the documents mmched hereto. No are, of the Purehaaen including without limitation, reactance of partial late deliveries, shall operate as a waiver of this provision In the event or any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing iliis order elsewhere and holding the Seller liable for damages however, the Seller shall not be Gable 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, wers of civil or military authorities, yevemmeln d priories, fires, strikes, flood, epidemics, wars m rots provided that notice of the conditions causing such delay is given to the Purchaser within firm (5) days of be time when the Seller ❑rat 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 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 drawings, specifications, samples and/or other descriptions given, will be fit for He purposes intended, read performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. Ile Seller agrees to hold the purchaser ambless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of.w,. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults acing within one (I) year or within such longer period of time as may be prescribed by law or by the terns of my applicable warranty provided by the Seller alter the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not pmoble 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 or any of the ber ating wamnies or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser tiny make changes W legal Wmn by written change area. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the law, other than legal terms, including additions to m del horns from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time ofperfowance heeunder, an equitable adjustntenl shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this armatures as to any or all portions of the goods then not shipped, subject te any egniable adjostment between the parties W to any work m 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 to any goods which are me Sellers standard stock. No such termination shall relieve the Purchaser or be Seller of any of their obligations as to any gueds delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he assured within thirty (30) days from the date the change or uormannon is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished is spur compliance with all applicable laws and regulations In which the goods are subject. The Seller shall execute and deliversuch documents as may be required to effector evidence compliance. All laws and regulations required to be incorporated io agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages coffered by the Purchaser as a yearn of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, m convey this aide,. or any monies due b to become due heeunder without the PH., written commit of the other may. 10. TITLE. The Seller warrants full, clear Pad unrestricted title w he Purchaser for all equipment, materials, and items fmished in perfomance of this agreement free and clear of any and all liens reemetioris, reservations, security interest encumbrances and claims ofathers. The Seller shall release the Purchaser and its conamoss or any tier from all liability end claims or any nature resulting from the Raficrenunee of such work. This release shall apply even in the event of fault of negligence of the party .leased and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shalI not be deemed to be reduc d, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or proms covered by letter, patent trademark r copyright the Scllcr shall indemnify and save harriers the Purchaser form any and all claims for hrf.ngemem by reason of the use of such patared design, device, mare..] or process in catamaran with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by ream. of such Infringement at any time during the rapscallion or after the completion of the work. In case said equipment, or any pan hereof or he intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and ar its option, either pmcom for the Purchaser the right to continue using said equipinal or pans replace the s.me with substantially equal bar noninfringing equipntad, or modify it so it becomes noniefnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make on n w,tonew for the benefit of creditors, appoint a Weica or Iowa for uny of he Sellers property or business, his order may forthwith be canceled by he Purchaser without liability. 16. GOVERNING LAW. The definitions afams used or the mocipaeation of the agreement end he.ghts of all parties hereunde, shall be construed under and gemmed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to per[om work hereunder, including the services of Sellers Represenative(s), on the Rxw iwP ofolhme, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and ceeponer, complete the weak at Sellers awn expense and to the musfaadon of the gaudiest, When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unloed, store and handle same at the site and become responsible therefor as though such minerals WNor equipment were being famished by the Seller under the order. I&INSURANCE The Seller shall, a his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is no be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and doom limits of m least $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,1p0. The Seller shall likewise require his contractors, if wry, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon he premises of others, the Seller shall human the Purohnia with a certificate that such compensation and insurance have ban provided. Such cmtificaWs shall specify the data when such compensation and insurance have been provided. Such setlifientes shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the emery work is completed and amepred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as es the Noire respme,ohly and liability for any and all damage, loss m injury of any kind or nature whatsoever to persons or property caused by or resulting from the execntiom of the work provided for in his purchase order or in connection herewith. The Sena will indemnify and hold harmless he Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all dais losses, damages, charges or expenses, whether direct or indirect, and whether W pamm or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of me Seller, any of his contractors, or Pay of the Sellers or contractors officers, agents in employees. In case any snit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time an account or by reason of any and, action, neglect, omission or default of be Sella of any of his convacars or any of its or their oRcan, agents of employees as aforesaid, the Seller hereby agrees W assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cost, charges, attorneys fees and other expenses, any and all judgments that may be mcunai by or obtained against the Purchase or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or abet lira be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or oherwise. The Seller Pod his conhactors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03,C010