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HomeMy WebLinkAbout104571 GREGORY ELECTRIC INC - PURCHASE ORDER - 91120014PURCHASE ORDER PO Number Page City Of9120014 1 of 2 ' `t Collins This number must appear 1 1 on all invoices, packing slips and labels. Date: 01/04/2012 Vendor: 104571 GREGORY ELECTRIC INC 3317 N LINCOLN AVE LOVELAND Colorado 80538-2703 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/04/2012 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price Museum of Discovery Provide all labor, materials & equipment for the installation of the PV Panel Infrastructure (CE 156) per Invoice dated 12/29/11. $10,600.00 Add remote fire panel annunciator (CE 232). $6,831.00 Provide Power/Data @ Gift Shop, Stair 1 & reference (CE 347). $896.00 Add exit signs & heat detector, per PFA direction (CE 353). $1, 875.00 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.com 1 LOT LS 20,202.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By iamh the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-WM587 is registered With the Collector of Internal Revenue, Denver, Colamdo (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meat specifications, either When shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of Written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Fmlum of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights Or remedies provided herein or by law, failure to promptly notify the Seller in the event of a beach, the reeeptnnce of or payment for goods hereunder or approval of the design, shall not release 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 purchaser to insist upon strict Performance hcrcofor any ofits rights or remedies as to any such goods. regardless of When shipped, received or accepted. as to any prior or subsequent default hereunder. not shall any purpmnoll oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereto. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins However, it is to be understand that FINAL Seller and the Purchaser recognize that in refund economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and rs consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser anv and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 90522. unless ncquircd nude, federal or state antitrust Imes for such overcharges relating to the particular good Or services otherwise specified on this order. If permission 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. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to confect nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance. may cause the work to be perormed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall pmcurc at sellers sole cost all necessary peonies. certificates and licenses requited by all applicable laws, regulations, ordinances and rules ofthc state. municipality, territory or political subdivision where the work is pefommed, or required by any other duly constituted public authority having jurisdiction over the work of wendor. Sella Pother agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of ran asserted or established violation of any Bach laws, regulations, onlinancet. odes sad requirements, Authorization. All parties to this contract agree that the mpresentativcs are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Anv additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and perfomranec must be effected Within the time stated on the purchase order and the documents attached hcrem. No acts of the Purchasers including Without limitation, acceptance of partial late deliveries, shall operate 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 Ofi lacing this order elsewhere, and holding the Seller liable for damages. However, the Scllcr 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 Gad, act, of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or dais provided that naive of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereat 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 of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples fouler other descriptions given, will be fit for the purposes intended, and pnformtd with the highest degree of care and competence in accordance with accepted standards for Work of n similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may safer ar incur an account of the Scllcrs brcreh ofwarmnty. The Seller shall replace, repair or make goad, without cost to the purchaser: any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tents of any applicable warranty provided by the Scllcr after the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed). resulting from imperfect Or defective Work done or materials finished by the Seiler. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany 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 warmntics or guarantees, but such liability shall in no event incladc loser 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 may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tom, including additions to of deletions from the nant hies originally Ordered in the sptti hearten, or drawings, by wrdxd Or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by Written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any Work or 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 he made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such temminntion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he assured Within thirty (30) drys form the date the change or termination is ordered. K COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmduced, sold, delivered and fitmishcd in .strict compliance with all applicable lases and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect orevidenee compliance. All laws and regulations required to be incorporated in agreements of this charmer arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Pumhamr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder Without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Famished in performance of this agreement, free and clear of any and all liens, restrictions, mserinions, security interest encu nturmus and claims ofothcn. The Seller shall release the Purchamr and its eonincors of any tier fain all liability and claims of any nature msulting from the pcdor morns ofsuch on. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcmrs, officers and employees of such party. The Seller's continental obligations. including warranty, shall not be deemed to be reduced, in any way. because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark Or copyright, the Seiler shall indemnify and save harmless the Purchaser form anv 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 cost. expense or damage Which it may be obliged to pay by reason of such infringement at any time during the prosecution of after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially scum but nnninfringing equipment, or modify it so it becomes noninfringing. 15ANSOLVENCY. If the Seller .,hall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a mcciver Or Mister, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser Without liability. 16. GOVERNING LAW. The definitions oftemms used Or the interpretation ofthc agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colnndo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Representalive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own nsk until the same is fully completed and occcpled, and shall. in ease of any accident. destruction or injury to the Work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seiler. the Seller shall receive, unlord. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense provide for the payment of wnrkcrs compensation, including occulatinnal disease benefits, to its employees employed on or in connection with the work cooed by this purchase order. and/or 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 liability insurance with bNily injury and death limits of at least S300,o0(t for any one person. S500,0110 for any one accident and property damage limit per accident of S400.001). The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall famish the Pumhascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when 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 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 ofany kind or nature whatsoever to persons or property caused by or resulting fnm the execution ofthc work provided for in this purchase orderor in connection herewith. The Seller Will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers, agents and employees from and against any and all claims, losses. 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 act, action, neglect, omission or default on the pan of the Seller, rise of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his con". chat, many of its or their affects. agents or employees as aforesaid, the Seller hereby agrees to assamc the defense thereof and to defend the came at the Sellers own expense, to pay any and all crisis, charge, annmces !sits and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents at employees in such suits or other proceedings, and in case judgment or Other lien he placed upon or obtained against the property ofthc Purchaser, or said parties in or as a result of such suits or other proceeding,, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply With all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant Ihemna. Revised 03/2010 UP ID: K( '44cc>H a. CERTIFICATE OF LIABILITY INSURANCE E(MMlDD1YYYY) 709127111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER 970.635-9400 PFS Insurance Group - JT 970-635-9401 4848 Thompson Pkwy, Ste 200 Johnstown, CO 80534 John Hintzman CONTACT NAME: PNONE FAX c E Arc No): l� E-MAILADDRESS: PRODUCER c MER ID r, GREGO-3 INSURERS AFFORDING COVERAGE NAIC 0 ENSURED Gregory Electric, Inc. 3317 N. Lincoln Ave. Loveland, CO 80538 ' INSURER A: Travelers Companies INSURERS: Pinnacol Assurance 524210 INSURER C INSURER D : INSURER E : INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSLTR TYPE OF INSURANCE ADOL UB POLICY NUMBER MWD0 EFF MOMILpCDY EXP LIMITS GENERAL LIABILITY w I EACH OCCURRENCE S 1,000,00 A !V X COMMERCIAL GENERAL LIABILITY �.. ;---- C0974811372 ' 10/01111 10101/12 PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 10,00 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,00 X ;Blanket Add'] Ins LIMITED POLLUTION _X Blkt Waiver GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/GP AGG S 2,000,00 GEN'L AGGREGATE L(MITAPPLIES PER: I ` PRO- I POLICY € X LOC I $ AUTOMOBILE LIABILITY A 3' X ANY AUTO BA974811372 10101111 ( ( 10/01/12 COMBINED SINGLE LIMIT (Ea accident) S 1,000.00 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS A I X HIRED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Perakxident) $ A' X NON-OWNEOAu-ros j BLANKET ADD'L INS_ II $ i i I BLANKET WAIVER i $ X UMBRELLA LIAR X OCCUR ! EACH OCCURRENCE $ 51000,00, AGGREGATE $ 6,000,00, EXCESS LIAB CLAIMS -MADE `CUP9748R372 ` 10/01111 10101/12 A DEDUCTIBLE i I � $ 3 X RETENTION S 10 000 WORKERS COMPENSATION € AND EMPLOYERS' LIABILITY B ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I If yes, describe under I DESCRIPTION OF OPERATIONS below ? N 1A 4014736 07/01/11 BLANKET WAIVER OF SUBRO 07/01112 ! X W0RY LIMITS O R E.L. EACH ACCIDENT $ 1,000,00, E.L. DISEASE - EA EMPLOYEE $ 1,000,001 E.L. DISEASE - POLICY LIMIT S 1.000,001 A ;Installation 8137P230 10/01111 10/01112 II 2,000,0 I ` 0 Dad DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) If required by written contract or written agreement the following provisions apply subject to the policy terms, conditions, limitations and exclusions: Tile Certificate Holder is included as Additional Insured for ongoing and completed operations under General Liability. Exception: 119 da o -ce of ca cel a on for non-12ayment of premium., CITYFCC CITY OF FORT COLLINS P.O. Box 580 FORT COLLINS, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD