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HomeMy WebLinkAbout457775 FARNSWORTH GROUP INC - PURCHASE ORDER - 9145026PURCHASE ORDER PO Number Page C117/ of PURCHASE 45026 1 of z ' `tCollins( v This number must appear ` on all invoices, packing sli s and labels. Date: 09/02/2014 Vendor: 457775 Ship To: OPERATIONS SERVICES FARNSWORTH GROUP INC CITY OF FORT COLLINS 3538 JFK PARKWAY, STE 3 300 Laporte Avenue FORT COLLINS CO 80525 Building B FORT COLLINS CO 80521 Delivery Date: 09102/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Foothills Activity Center 1 LOT LS 40,400.00 Provide all necessary labor and materials for LEED Consulting and Energy Modeling Services per proposal dated 8/20/14. USGBC Fees (Registration + Application) 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@fogov.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 L COMMERCIALDETAILS. Tax exemptions. By statute the City affect Collins is exempt firm smut and Iwal coxes. Our Exemption Number is 11. NONWAIVER. t 98-04502. Federal Excise l'ax Exemption Cmifcae Of Registry 84-6000587 is Originated with the Collector or Failure of the Purchaser to insist upon shin performance of the terms and conditions hereof failure or delay an Internal Revenue. Denver, Colorado (R,E Cal oado Revised Statutes 1973, Chapter 39.26, 114 (a), exercise my nights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifentions, either when shipped or due to defects of my of the warranties or obligations of this purchase order and shall not be decimal is waiver of any right of the damage in at may be returned to you for credit nand are not to be replaced except upon certain of written purchamr m imul upon inner pert harcofmr any of its rights or numerous as to any such goods, tvgardleas instructions fmm the City of Pan Collins. of when shipped, received or accepted, as to any prior or subsequent dauult hereunder, nor shall any imported oral modification or rescission of this p ubc m order by the Purchaser narrow as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection an arrival. hereof. Final Accepmae. Receipt of the merchandise, services o equipcomt in ma,mor to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment ou the part of the City of Too Collins. However, it is Ira be understood dual FINAL Seller and the Furtherer recognize that in normal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspetiun procedures. vialatims are in fact bome by the Purchaser Theretofre, far good cram and as consideration for executing this purchase order. the Seller hereby wo,res to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most he F.O.D., City of Fan Collins, wa Wood St., Ion Collins, CO 80522, unless acquired under federal or sure antitrust laws for such everehal relating to the particular gnats or services .the.. specified on gas order. Ifpamimion is given to preWY flight and charge separately, the arigiml frtight pushsscd or acquired by the Purchaser posumt to this purchau oNer. bit must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. whom manufacturers Lave distributing paints in van us parts of the country, shipment is If the Pumhaser direr¢ rue Seller to corer nonconforming or defective goods by a dare to be agreed upon by the expected from One neatest distribution poail to destination, and excess freight will be, deleted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Processor shipments are made f greater distance. my eves, the work w Is, performed by the most exp,diniom means mailable w it, and the Seller saw pay all costs recsociale l with such work. Pamirs. Seller shall procure at sellers sole cast all necessary, peconita, curifcal. and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subJivisiun where the work is performed, or required by any other duly canwimred public authority having jurisdiction over the work of vendor. Seller further agrees or hold the Ciry of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asmned or exchlol nl signal. of any such Iaws, regulations, ondinmell, roles and requirements. Authonadion. All ponies m obis income agree teal the representatives are, in fact, boa fide and possess full and complete authority m bind mid panics. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terms and conditions stated herein set Inch and my supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different teams and vatif ice imposed by seller are objected Ira and hereby rejected. 2. DELIVERY. PLEASE ADVISE: PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as acted Time is of the essence. Delivery and er,mor tanm must be eBectnl within the lime scared on the purchase outer and the documents mooched hereto. No aces of the Purchase. including, andmat limitation, a cap... of,snizl late delivencs, will operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition so other legal and equitable 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 ]suit of negligence, such acts of God, acts of civil or military authorities, Firmamental printouts, fires, strikes, flood, epidemics, wars or riots prmnded that native of the conditions causing such delay is given to due Purchaser within five (5) days of the time when the Seller first received 1,rom edge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by crown of the delay. 3. WARRANTY. The Seller ..is that all goods, oriels, mmermis and work covered by this order will conform with applicable drawings, specificabom, samples and/or other descriptions given, will be Fit for the proclaims intended, and performed with the highest degree of care and competence in accordance with accepted standards far work err a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchamr may soft or incur on account o'the Sellers breach of watranry. The Seller shall replace, repair or make good, without canna the purchareq any defer¢ or faults raising within one (1) year or within such longer period of time as may be, prescribed by law or by the terms ofany applicable wanarry provided by the Seller after the date of acopance afnca, goods punished hereunder (.ceptence not to be unreasonably delayed), resulting from imperfect or defective seork done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute, a waiver of any claim Order this warrdary. Except as otherwise provided in this purehax order, dre Sellers liability hereunder shall extend to all damages preximamly canned by the breach of my of the f going warranties or guarantees, but such liability shall in no m'ent include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SE MEL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser coat make changes to Icgd teams by wrinm change maker. 5. CHANGES IN COMMERCIAL TERMS. Ile Pumhaser may make any changes to the terms, other than legal terns, including addinions to or deletions from the quantities originally ordered in the spceificarmas or drawings, by verbal or without change order. If any such change affects the amount due or the time of performance, hereumer, an tyaimble adjunfirm shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement ns to any or all portions of the goods then not shipped, subject to my equitable adjustment between the panics as to any, work or materials then in progress provided dam mho Punchaer shall root be liable for my claims for mucipd profits on the uncompleted portion of the goods andmor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goads delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim far adjusament mum be asserted within thirty (30) days from the date the change or ma nation is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants dun all goods sold hereunder stall have been produced, said, delivered and f mished in wrist compliance with all applicable laws and regulations to which the goods ant subject. The Seller shall execute and deliver such documents as may be required to fle. Or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this referen a The Seller agrees to indemnify and hold the Purchaser hamdus fmm all coos and damages suHcred by the Purchaser as a result of the Sellers failure to comply with such few. 9. ASSIGNMENT. Neither parry shall assign, number, or convey this omen or my monies due err to become due hereunder without the prior written consent of the other, pang. 10. TITLE. The Seller warrants full clear and unrestricted title to the Purchaser for it I yityrom, materinb, and hems fumished in performance of Nis agreement free and clear of my and all liens, restrictions, reservations, s.uriry interest mcumbrmces and claims of others The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the performance Fsuch work. This release shill apply even in the event of fault of negligence of the perry released and shall extend Or the director, officer, and employees ofmch puny. The Sellefs commerical obligations, including wamsed ,Beall not be deemd to he rciueed, in any way, been. such work is performed or caused W be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or prams covered by [enter, patent, trademark Or copyright, the Serve shag uncertainly and save harmless dre Purchaser from any and all claims for infringement by reason of the use of such potential design. device, mmenal or proms, in connection with the contract, and shall indemnify the Purchaser for any cost, exist or damage which it may he obliged no pay by crown of such inrri agement m any time during the prosecution or after the completion of the work. In case said equipment, or any an thereof tar the intended me of Pre goods, is in such suit held to constitute infringement and the use of mid equipment or part is rupawL the Seller shall, st its own expense and at its option, either procure for the Purchmer the right to continue using mid equipment or Fats, replace the same with substantially equal but mainrringing equipment, or madify it so it becomes noninfdnging. 15. INSOLVENCY. If Pre Seller shall become insolvent or bankmpt make an assignment for Pre benefit of creditors, appoint a receiver, m trust. for my of the Sellers popeety or business, this order may forthwith he czcueld by thc Pushover without liability. 16. GOVERNING LAW. The dtfrdtiom ofm. used or the interpretation of the agreem en and the .,his of all parties hereunder shall he consumed undo and govamed "a uses ofrho Stare ofColomdo, USA. The following Additional Conditions apply only in cows re where the Seller is to perform work heunden. including the services afSellers Repw rentative(d, oa themarrims of others. ... 17. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Sellers awn risk moil the sine is fully completed and accepted, and shall, in c of any accident, dotmctiou or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expertise and to the satisfaction of the Putchmer. When materials and equipment art f ors[ by ohers for installation or emcfia by the Seller. the Seller shall receive, unlmd, store and haMle same at the site and become responsible therefor as though such materials mal equipment were being famished by thr Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bcnefim, to its employees employed on or in com.fion with the wad coveted by this purchae, order, and/or to their dependents in arreadm<e with the laws of the state in which the work is to Ixe done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,001 The Seller shall likewise require his contractors, If any, to provide for such compemazton and Insurance. Before my of the Sellers or his contractors employers shall do any work upon the promises of oNrm, the Seller shall fiunish the Purchaser with a venificoe that such compensation and insurance have been provided. Such cenifcams shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agfc i that such comport Lion and imurmce shall be, maintained writ after Ile entire work is completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby nswme, the emire responsibility and liability for any and all damage, loss or injury of my kind at enure wharwever in persons or pampers crowd by or resulting fmm dre execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchasers o0icers, agent and employees from and against my and all claims, losses, damage, charges or expenses, whether direct or indir,r, and whether to persons or property m which the Purchaser cony no put or subject by eaon of any act, action, neglect, omission or default on the part of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In care any suit or other proceedings shall W brought against the Purchaser, or its olfcem, agents or employes at my lime on account or by mason of any act, action, neglect omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as erommid, the Seller hereby agrees to assume the defense thereof and to defend the same at me Sellers own exprnm, to pay my and all coin, charges, ataomeys fors and other expenses, any and all judgmcom der may be invented by o obained against dre Purchaser or my of its or their efforts, agents or employees in such suits or other proceedings, and in cam judgment or other lien be plaid upon or obtained against the property of the Pumhaser, or said parties in or as a result of such suits or other proceedings, the Sell, will al once cause the more to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safely precautions, famish and imta11 all guards acessury, for the prevention of accidents, comply with all laws and regulations wif regain to safety dcluct but without limionson, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuit therew. Revised 07n(U4