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HomeMy WebLinkAbout133693 CGRS INC - PURCHASE ORDER - 9141804Fort Collins Date: 03/31/2014 Vendor: 133693 CGRS INC 1301 ACADEMY CT FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9141804 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 03/28/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 PINE 6 JEFFERSON WO 1 LOT LS 30,414.7500 30,414.75 Orphan UST Soil Excavation, Additional Well Installation, Quarterly Groundwater Monitoring and Reporting 7436 Environmental Services 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 Total Invoice Address: 4.75 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 Fan Collins is attempt from state and local taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Canifiewe of Registry Re-6000582 is registered with the Collector of Internal Revenue, Demon. Colorado (Ref. Colorado Revised Smmons 1923, Chapter 39-26, I Ion (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in ancient, may be, returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Critics. Inspection. GOODS are subject in Ne City of Fort Coll am inspection on anival. Final Acceptance. Reeaipl of the marchandlse, services r equipment in response m this Dade, as aunt in authorized payment on the pan of the City of Fan Collins. However, it is no be understood thorn FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terre. Shipments most be F.O.B., City of Fan Collins, 700 Wood St., Fort Collin, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacmrers have distributing points in sionatis was of the country, shipment is expected from the wassam disvib uion point b demmation and excess freight will be deducted from Imvin, when downturn are made from srxismar distance. Pennies. Seller snail procure at sellers sole cost all necessary permits, certificates and licenses overload by all applicable laws, regulations, ordinances and roles of the one. municipality, territory or political subdivision where the work is performed, or required by any other duly comtitabil public authority hosing jurisdiction over the weak of vendor. Seller former agrees 10 held the City of Fort Collin harmless from and against all liability and loss banned by them by reason of an asserted or esablisbed violation of any such law,, regulation, ordimnces. Piles andrequiremern Amearnrtim. All porous In this comment agree that the representatives as is fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase On, expressly limits avereptanal m the terms and condition sated betel. at firth and any suppleme rmy w additional leant and condition annexed hereto or iMoryorated herein by referame. Any additional or ditferenn terms end conditions proposed by seller we oheneJ to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year promised delivery date in need. Time is of the essence. Delivery and prrformmtce Pont be effected within the time stated on de purchase older and the documents attached hereto. No acts of the Perch rs including, without limitation, acceptance of partial late deliverin, shall operate as a waiver of this pmsision. In the event of any delay, the Purchaser shall have, in addition tm other legal and equitable remedies, the option of placing this order elsewhere end holding the Seller liable fir drug.. However, the Seller shall na, be liable for damages in a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts ofGW, acts ofcivil or military authorities, govemmened priorities, fires, mikes, Rood, epidemics, wars or hots provided that notice of the audition caning such delay is given to the purchaser within five (5) days of the lime when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the orim! equal to the time mmally last by reaon afthe &lay. 3. WARRANTY. The Seller warrants that all goad, anises, mitenals and work coveml by this order will conform with applicable do m,,, spexifranon. samples anchor other dearquion given, will be fit for the purposes intended, and performed with the highest degree of are and competence in acconlalce with acceged standard for work of a similar nature. The Seller agrees to hold the purchaser hanmeaa from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make gand, without cost to the purcbasm any defects err faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller nfia the dam of wou,n war, of the good fumished hareluder (acceptance not to be nmeasowbly delayed), resulting from imperfect or defective work done or mderia s Guaranteed by rate Sella. Acceptance or sex of goods by the Parchment shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages ponimdely caused by the breach of any of the foregoing wilco nties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Pualcom may make any changes to the Rims. other than legal terms, including addition to or deletion from the quantum annually clinical in the spmrimbons or drawings, by verbal or written change order. If any such change offices Ne amount due nr the time of performance hereunder, an quieable wjntmmt shall be made. 6. TERMINATIONS. The Function may at any time by written change order, terminate this agreement as to any or all potions of the Ranks then not shipped, subjecl to any equitable adjustment lanwem the panics is to any .,it m materials then in Progress provided that the Purchaser shall not be liable for my claims fin anticipated profs an the uoseompleled Wool of the goods ardor work, for incidental or conequmlial damages, and that no such Wjomnent be made, in favor of the Seller with Papmt to any good which art the Sellers sandard stock. No such unrom ,ion shall relieve the Purchaser err the Seller of any of their obligation as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or commonest is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gaud sold hereunder shall have been produced, said, delivered and fumished in strict compliance with all applicable laws and regulation no which the good an subject. The Seller shall execute and deliver such daeumenes is, may be required,. effect err evidence compliance. All law, and regulations required m be incorporated in agreelcents of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify vad hold the Purchaser hdmless from all ants and damages sufficsed by the Purchncr n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Belmar party shall assign, wnfe, or convey Nis min, or any mown due or to bscome due Mreuude, without the prior written consent oflhe ofer perry. 10, TITLE. The Seller warants full, clear and unrestricted title to the Purchaser for all equipment, wetlands, and items burnished in performance of Nis agnmuce, free and clear of any and all lien, restrictions, reservation, severity interest encumbrances and claims ofoNen, 11. NONWANER. Failure of the Panamintto insist upon strict pert on, of the terms and eordiriam heam, failure at delay to exercise any rights or remedies provided heroin or by law, failure to promptly notify Hie Seller in the event of a breach, the acceptmce oror payment for goods hereunder or approval othhe 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 hereof or any of its rights or remedies to to any such goods, regaNless of when shipped, received or accepted, res to any prior or subsequent &fault MeuvM, not shall any purported oral modification or rescission of this purchase order by the Insulation items, as a waiver of any of 0R annual hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Thermal for good came and as consideration for executing Nis purchase order, the Seller hereby assign to the Purchaser any and all claims in may new here err hereafn acquired under friend or sate ami=( laws f such mnclow es rending to the particular goods or services purchased or acquired by the Pmclaaser pursuant to this purchase other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser deece, the Seller to correct nonconforming or defective gosh by a done to be agreed upon by the Purchaser and the Seiler, and the Seller thermfn indicates its inability or unwillwgrress to comply, else purchaser may cause the work 1. be wifornal by tba most expeditious mean available m it, and the Seller stall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any .hire nuking from Ne performance of such work. This relmse shall apply ten in the tent of fault of negligence of the pmry released and shall extend to the directors, officers and employees of such party. Die Settees contractual obligations, including warranty, shall not be defined to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. id. PATENTS. )Khwmo,, the Seller is requited to use any design, device, .,coal art process covered by letter, pan.,, ca demark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inMngement by reason of the use of such putented design, device, material or process in connection with the common, 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 or aller the mmFiction of the work. In case said omnipotent, or any pan thereof or the intended use of the goods, is in such suit held to constitute ivfdngemem and Ne Pat, of said equipment or pan is enjairM, the Seller shall, at its own expense and at in option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so P becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or b rail make an assigmled for the benefit of creditors, appoint a or names, fro any of the Sellers property m basinme, Nis other any forthwith be canceled by Ne c pas rhase, without liability. _ 16. GOVERN WG LAW. The definitions after es used or the intelpalanon ofti, agreement and the rights ofail Writs hneunder shall be ..it under and governed by tee laws of the Sane ofC.Imedo, USA. The following Additional Condition apply only in cases where the Seller is no perform work hereunder, including the services M'Seliers Repressenmtive(s), on the premises of.theo. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said w r k at Sellers own risk until the same is fully cample,ed and avenpted, and shall, in case of any accident, interviewed in injury to she work and/or mmeri ils before Mies final completion and compliance, complete the work at Sellers own expense and to the atisfaction of the Purchaser. Whm materials and equipment are fmished by others for moolation or erection by the Seller, the Seller shall reverse, unload, store and handle same at the site and beciam responsible therefor as though such materials and., equipment were being fumished by the Seller meta the order. I B. INSURANCE. The Seller shall, at his own expense, provide for line payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, candor 10 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 imumnce with bodily injury and drath limits of at least S300,000 for any one prison. S500 m00 for any one uci&nt and property damage limit Far accident of S400,000. The Seller shall likewise ressidi a his can[ncton, if any, to provide for such compemanou and insurance. Before any of dm Sellers or his contmemrs employees shall do any work upon the premises dilation, the Seller shall famish me Purchaser with it indicate that such compensation and insurance have been provided. Such cenifcates shall specify the dote when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and inmmnce expires. The Seller agmea Nat such campew[ian arm insurance stall be maintained ..,it after the more work is completed end amended. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Fine Seller hereby assumes the entire responsibility and liability for any and at I damage, loss or injury of any kind or nature whatsoever to person or property caused by or resulting from Ne execution of the work provided for in this purchase order or in connection herewith. The Seller will iMenutify and hold homeless the purchases and any or all of the practical officers, agents and employees f and against my and all claims, losses, damages, charges or expncses, whether direct in indirect, and whether to persons or Property,a which the Purchaser may be put or subject by rcaam of any a1. anion, neglec, omission or default oa the pan of Ne Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Purebaser, or its officers, agents or employees at any time on account or by lemon of any a, anion, milliner, omission or &fauh i f the Seller of any of his cornmdols or any of its or their officers, agents or employees as aforesaid, no Sella hereby agrees to assume the defense thereof ad a defend the see at the Sellers can expense,,a pay any and all costs, charges. attorneys fees and oNn ex,mosa, any and all judgments that may be incurred by or obtained again, the Purchaser or any of its or their officers. agents or employees In such suits or other proceedings, and in asc judgment or other lien be placed upon or obtained against the property of the Purchaser, or said Panics N or as a result of such suits or other proceedings, the Seller will at oral cause the sane to he dissolved and discharged by giving bond or otherwise. The Seller and his comments shall take all safety Fluctuation, fmish ad imull all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regularn n issued pursuant thereto. Revised 03R010