HomeMy WebLinkAbout133693 CGRS INC - PURCHASE ORDER - 9140361 (2)Fort Collins
Date: 06/02/2014
Vendor: 133693
CGRS INC
1301 ACADEMY CT
FORT COLLINS CO 80524
PURCHASE ORDER
Ship To: RISK MA
CITY OF
215 N M/
FORT C(
PO Number Page
9140361 1of2
This number must appear
on all invoices, packing
sli s and labels.
3EM)ENT DIVISION
2T OLLINS
2ND FLOOR
NS CO 80524-4408
Delivery Date: 01/14/2014 / Buyer: PAUL, GERRY
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF WODS AND/OR SERVICES, AS NEEDED
DURING THE CURRENT CALENDAR YEAR. DOLLAR AMO)JNTS SPECIFIED ARE ESTIMATES AND NOT
A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF UCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
z Pine Street Mediation 1 LOT EA 7,769.82
Amendment
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
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemption. By statute for City of Few Collins is exempt farm state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04503. Federal Facia Tax Exemption Caribou, of Registry g4-600058I is mgismned with the Collard of
Failure of the Factors, to insist upon strict performance of the moan and candidates hereof, failure or delay to
formal Revenue, Denver, Colorado (Ref Colorado Revised Sestems 1973. Chapter 39-26, 114 (a),
exercise eery nghts or rectories provided herein or by law, (alum to promptly notify the Seller an the event of a
breach, the acceptance ofor Payment for goods fiereumter or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due It failure m meet specifications, either when shipped car due m defects of
any of the .,I. tat obligmim, of this purchase aide, and shall not be decreed a waiver of my eight of the
damage in down, may be rammed to you for coedit and are not ro be replaced except upon receipt of written
Purchaser, to insist upon strict Performance hamfor any of its rights or remedies m to any s.M1 goad, regardless
connotations fmm the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default heeunder, nor shall any purported
coal modi lication or rescission of this prechau order by the Purchaser operate as a waiver of any of the tem,s
Inspection. GOODS are object to the City of Fain Collins inspection oa arrival,
tracer.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT 017 ANTITRUST CLAIMS.
outhorr d payment on the pan of the City of Fun Colloo. However, it is to be understand that FINAL
Seller and the Purchaser recognize that in normal common, rac one ptice, overcharges resulting from anttoust
ACCEPTANCEis dependent upon mmpletionofall applicable required inspection procedures.
violations art intact home by the Purchaser. Theremfore,�for good cause and aw consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hermfter
Freight Tema. Shipments must be ROD., City of Fan Collins, 70D Wood St, Pon Collins, CO 80522, unless
acquired under federal w state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the ongiwl freight
purchased m acquired by the Purchaser Forward o this purchase order.
bill mur.,a., y mader. Additional charges for faking will not be accepred.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing paints in venom pans of the reumry, shipment is
Ifthe Purchaser dime, the Sella to forcer nonconforming or defective good by a date to be agreed upon by the
expected from the nearest distribution point to destintion, and excess freight will be deducted fmm Invoice ohm
Purchaser and the Seller, and the Seller thereafter indicates its imbiliry or unwillingness to comply, the Purchaser
shipments are made been greater distance.
may cause the work to her performed by the most expeditious means available to it, and the Sella shall pay all
costs usceiated with such work.
Permits. Seller shall procure at sellers sole cost all nerasary permits, animates and licenus required by all
applicable Laws, regulations, oNinnnca and rules of the state, mmbdpolay, mmtory or political subbvision where
the work is performed, er rabrad by an, other duly constituted public amhoity having jurisdiction over the work
of vendor. Seller fullor agrees to hold the City of Fort Collins harmless from and against all liabil'dy and loss
incurred by them by reason of an awned or estahlibod violation of any such laws, regulminn, ordinances, tales
and re,eire ants.
Ann,oden tat All radial to this crammer agaa that the representatives are, in fact, S nn fide sad Pesos fun and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits areadmce to the means and renditions series
herein set forth and any supplementary or oddommil it. and conditions amexed harem or incoryor and herein by
reference. Any additional or different terms and conditions propmed by seller art objected to and hereby rejMal.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to .arrive on your
remained delivery doe as noted. Time ei of the restrict. Delivery and pwormonam a must b, effected within the rime
stated on the purchase order and the documents warned hereto. No new of the Purchasers including, w'ithom
linritmion, weeptaw, affected late deliveries, shall mature as a waiver of this provision. In the event crony delay,
the Purchaser shut) have, in addition to other legal and equitable remedies, the option effacing this order elsewhere
and holding the Seller liable for damage,. However, the Seller shall not w liable to, dmnages its if molt ofdelay,
due to comes not reasonably foreseeable which are beyond i, reasonable control nad without its fault of negligence,
such tads TGod,aces fcivil of military confounder, govemmaual priorities,fires, strikes, food, epidemics, wars or
riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of my such delay, the data of delivery shall be
extended lot the period equal to the time actually lost by mason order delay.
3. WARRANTY.
The Seller wmmn, that all goods, articles, materials and walk covered by this order will ronfarm with applicable
drawings. specifications, samples and/or other descriptions given, will be let for the purposes intended, and
Performed with the highest degree of care and competence in warmulznce with occurred saerard for work of a
similar nature. The Sella agrees to hold the purchaser harmless from my loss, damage or expense which the
Purchaser my suffer or incur on account of the Sellers breach of warmly. The Seller shall replace, repair m make
good, without cost to the Panama, my defer, or faults arising within one (I) year or within such longer period of
time m may be prescribed by law or by the terns of any applicable wamdnry provided by the Seller after the data of
acceptance of the goods famished hereunder (acceptance not to be unattainable delayed), resulting from imperfect
or defective work done or warrants tbmished by the Seller. Acceptance or use of good by the Purchaser shall not
coemimte a waiver of any claim under this wamemy. Except as otherwise invoked in this purchase order, the Sellers
liability hereunder shall extend to all damages pmximately caused by the breach of any of the foregoing maramies
or guamntas, but such liability shall in no event include less of marks or lass of use. NO IMPLIED WARRANTY
OR MERCHANT ABILITY OR OF FITNESS TOR PURPOSE SHALL APPLY.
4. CHANGES I N LEGAL TERMS.
The Purchaser may make changes to legal arms by order change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changer ro the ¢mu, other than legal terms, including additions to or deltlion Gorr
the quantities originally ordered in the specifications or drawings, by verbal or waiven ohmage order. If any such
change alTecu the amount due or the time ofpedomame humudea an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, omanum this agreement ass to my tar all pontor, of the
Voris their not shipped, subject to any equitable adjustment between the pawiaa as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for mticipated profits on the uncompleted
portion of the good and/or work, for incidental o sequential damages and that no such adjustment he made in
favor of the Seller with respect to any load, which are the Seller smndurd stock. No such mordinarion shall relieve
the Purchaser or the Seller of any oftheir obligations as to any gusds delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be owned within thirty (30) days been the dam the change or lamination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all good sold herewder shall have been produced, sold, delivered and famished in sown
compliance with all applicable laws add regulations m which the goods are subject The Sella shall execute and
deliver such documents in may M required in effort a evidence compliance. All laws and regulations raryired to be
incorporated in agreements of this charmer arc hereby incoryooated herein by this reference. The Sella agrees ta
indemnify and hold the Purchaser hatless from all costs and damages suffered by the Purchase, u e result of the
Sellers future te comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unicameral title to the Purchaer for all equipment, materials, and items famished
in performance of this agreement Ron, and clear of any and all lams, ra r ielioets, macaroons, warty interest
encumbrances and claims ofadeers.
The Sella shall release the Purchaser and its contractors of any tier from all liabil try and claims of any nature
resulting from the porfommnce ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend in the
directors, offerers and a players ofsueb parry.
The Setters mammal ohhgadnns, including womanly, shot) nor be darned to be reduced, in any way. became
such work is Performed or caused to be performed by the Purchaser.
14. PATENTS.
Whe.ver the Seller is requtend to use any design, dada, material or process covered by Iener, pamn4 uademak
mr wpyrigh4 be Sena shall indemnify and save harmtess roech Purawoo Producer any and all claims for infirm rment
by reason of the use of such patented design, dex me, maeeeial or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such
infringement at any lime during the presentation or arm the completion of the work. In case said equipment, or
any part thereof or the intended use of the Reads, is in such suit held to constitute fordmgemam, and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prm e, fee the
Purchaser the right to continue using said equipment tar parts, replwe the same with substantially equal but
mninfnnging ammeter, or modify it an it becomes noninfdnging.
15. INSOLVENCY.
If the Sella shall become insolvent of baNaupq make an assignment far the benefit of creditors, appoint a
earner or trustee 1'or any of the Sellers prepeny or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the Warrant and the rights of all panda hereunder shall be
onsaued under mid governed by the laws ofthe Stain of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Sella is to perform work, hereunder,
including the interview of Sellers Rryresemative(s), on the parmesan of other.
17. SELLERS RESPONSIBILITY.
The Seller shall curry on said work at Sellers own risk wmil the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or matemah before S,Ilces final completion nad
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When mammals
and equipment are famished by others for installation or erection by the Selleq the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
Is INSURANCE.
The Seller sh II, in his own expense, Provide for the payment of workers compensation, including uacupational
disease benefits, to its employes employed on or in c warmemn with the work coveed by this pu chase oMeq
aodrar to their barometer, in accordance with the Uwa of the state in which the work u to be done. The Sella
shall also carry comprehemive general liabillry mcludin6 but and, limited m, contractual and ann mobile public
liability inurma .,in bodily injury and death limn, of al lent S300,000 for any one panes, S500J00d for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such comparvartion and imumwe. Before any of the Sellers or his commuctors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificme
that such compensation and munince, have been provided. Such c mfica rs dull specify the rime when such
compensation and insurance have been provided. Such cenifeates shall stoutly, the date when such comper,ution
and in -Fires He Seller ,.as but such compensation and insurance shall be maintained until once the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby aauma the entire rap awibiliry and liability for any and all damage, loss or injury of any kind
r nature wharwever to Persons or remarry award by or resulting from the execution tribe work provided for in
this Fmchane order or in connection haewith. The Sella will indemnify and hold harmless the Purchaser rest my
r all of the Purchasers officers, agents and employes from and agaimr any and all claims, losses, damages,
charges or expenses, whether dice, or imbent, and whether It person nor property to which the Purchase, may
b, par or subject by reason of my .4 action, neglect omission or default can the pan of the Sella, my of has
contractors, or my of the Sellers an tatrutors officers, agents or emPlayers. In case my and or he,
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time w account or
by reason of my ac4 .Iron, neglect, omissive or default of the Seller of my of his contactors or my of its or
their officers, agents m employees as aforesaid, the Seller hereby agrees to assume the damnow thereof and m
defend the same at the Sellers own exprew, m pay my and all most charges, fewer, fees and other expenws,
any and all judgments that may be incurred by or boomed against the Purchaser or my of its or their ofic ors,
agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or
obtained against the property of the Purchmer, or said parties in or as a result of such suits or other proceedings,
the Seller will at once came the same to be dissolved and discharged by giving bond or mhaw'iw. The Seller and
his contractors shall take all safety precautions, famish and install all gwrds 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 rules and regulation issued paramount ont thercta.
Revised 03R010