HomeMy WebLinkAbout542023 GROUP14 ENGINEERING INC - PURCHASE ORDER - 9147069Fort Collins
Date: 12/02/2014
Vendor: 542023
GROUP14 ENGINEERING INC
1325 EAST 16TH AVE
DENVER CO 80218
PURCHASE ORDER
PO Number Page
9147069 loft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/02/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I HVAC Program (Credential)
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:pumhasing@fogov.com
1 LOT LS
20,000.00
Total
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
1. COMMERCIALDETABJC
Tax examines, Hy statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04501 Federal Excise Tax Exemption Cenificam of Registry 84-60005 s7 is registered with the Collector of
Failure of he Purchaser to insist upon strict performance of the 4mu and conditions hereof, failure or delay to
Intend Revenue, Drover, Colorado (Ref. Colorado Revised Studies 1973, Chapter 39-26. 114 (af
exercise any rights or mmedies provided herein or by law, failure to promptly notify the Seller in fe event of a
breach, the «ceptance ofar payment for goods hereunder m eppmval ofthe design, shall eat tale", the Seller of
Goods Rejected. GOODS REJECTED due W failure to meet specifiatiom, either when shipped or due to defects of
any of fe wour ties or obligations of shin Purchase, order and Shall nos Ise d«med a waiver of any right of the
damage in at may be retumW to you for credo and are not 1. be replaced except upon receipt of wadded
pmcbaser to insist upon send performance bromfor Say of its rights ar remedies as to my such goods, u gandless
instruction tram the City ofFes" Collin,
of what shipped, pacived or sampred, as to any poor or subsryumt default hereunder, nor shall my puryorted
oral modi fiction or lcscission of this pumhaw order by the Purchaser operate ns a waiver of any of the terms
Inspection. GOODS are subject a the City of ran Collin inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, sarvie. or equipment in response to this order can result is,
13. ASSIGNMENT OF ANTITRUST CLAIMS.
auftmlieed pam mt an the pad of the City of Fort Collins. However, it is to be lmdestond that FINAL
Sella and the Pumbusar recognize that in actual economic practice, overcharges resulting from Sediment
ACCEPTANCE is dependent upon completion of all applicable required inspection privateness.
violation art in fact bane by the Purchase. Theraofore, for good ause and as consideration for executing this
Purchase order, the Sella hereby assign to the Purchaser any and all claims it may now have or heritage,
Freight Tenses. Shipments most be F.O.B., City of Fart Collins, IN Wood St., Fort Collins, CO 80533, unless
acquired under federal or state mtimut laws for such overcharge relating to the particular Russia or services
otawise spaified on this order. If permission is given to prepay freight and charge separately, the origiral freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bit most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have dimibutin, points in various pare, of the country, shipment is
expected from the nmres, disobmian point an destitution, and cones freight will be deducted from Invoice what
Shipments are made from greater distance.
Permits. Seller shall procure at Sellers sale cost all necessary permit , re-ifiates and licedses required by all
eppliable laws, regulations, ordinances and tales of the state, municipality, territory or political subdivision whom
the work is pardoned. or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller major agree, to hell the City of Fad Collins harmless tram and again, all liability and lass
recurred by tam by reason of an asserted or established violation of any such laws, regulation, ordinnces, tales
and requirmards.
Authoirrstion. All parties to this wntract agree gut the reprtsanatives art, in fact, bans fide and possess full and
templed, su@onty to bind said pmia.
LIMITATION OF TERMS, This Purchase Order expressly hands scaptana to the tamers and conditions stated
herein set forth and any Supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional or diRerenl terms and conditions proposed by seller are objected 1d and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASEG AGENT immediately if you ..at make complete shipment W smve on your
promised delivery dam "naive, Time is of the essence. Delivery and pa umim¢ and, be eRertal within the lime
stated on the purchase order and the documents attached heato. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Pdahoser shall have, in addition to other legal end equitable moraines, to option of pIntin, this order elsewhere
and holding the Seller liable for damages. However, to 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 fault of negligence,
such as of God, acts ofciviJ or military amharmes, govemmmtd priorities, fires, mikes. Baal, epidemics, wars or
hots provided that notice of the conditias, causing such delay is given W the Purchaser within five (5) days of to
time what the Sella first received knowledge thereof In Be event of any such delay. She date of delivery shall be
extended for the paVod equal W the it=actually lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples antler other descriptions given, will be fit for the putpnes intended, and
per[ ed with the highest degree of ate add competence in accordance with s eepted standards for work of a
similar mime. The Seller agrees to hold the purchaser halmless from my lass, damage or expense which the
Purchases may suffer or incur m account addle Sellers breach of warranty. The Sella shall replace, repair or make
good, without cast 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 terms of any applicable warranty provided by the Sella after the dam of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or mmrnals fumished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any clam under this warranty. Except as ofatvise provided in this porehase order, the Sellers
liability hereunder shall extend m all damages proximately caused by to breach of my of the foregoing warmntie
or gumm,«a but such liability shall in no event insists, loss ofpri fits or loss of ere. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser nwy make changes to legal ,ems by written change ordm.
5. CHANGES IN COMMERCIAL TERMS.
The Pumhsser duty make any change to the ,ems, safer fan legm It—, including addouses W or &le ire- from
the q.,an. originally ^dead in the specification o1 drawings, by verbal or armed charge under. If any such
change affects to ...a, due or the time of performance hereunder, an equitable ad uctmrnt shall be hands.
6. TERMMATIONS.
The Purchaser may at any time by written change order, terminate this agreement n to any or all portions of the
goods then not shipped, subject to any equitable adjusment between the Fria as to my work or materials then in
,.grass provided fal to Purchaser shall not be liable for any claims fro anticipated profits on the uncomplaed
Frtiou of the Beads andrm work, for incidental or andeg arthil damages, and door no Such adjnemmt h made f
Favor of the Sella with lepat W my goods which art due Sellers sundered stack. No such temdntied •hall relieve
the purchaser or the Sella ofmy afraid, obligations n 10 my goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the dale the Change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods Said hereunder shall have been p ddead, sold, delivered and f ished in mist
compliance with all applicable laws and regulations W which the good are Subject. The Sella shall execute and
deliver such documate, as may be required to effect or evidence compliance. All Dena and regulations acquired 10 be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchase, handless Bom ell costs and damages sulTered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or cmvey this order, or any mmries due m to become due hereunder widamn the
Poor written coment ofthe office party.
10. TITLE,
The Seller warrants full, clear and unreuicted title to the Purchaser for all thfu mem, materials, end items furnished
in performance of ties agreement, free and clear of any and all liens, restrain", reservation. Sandy interest
encumbrances anal claims ofi there.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchner dimets the Sella to comet nonconforming he defective goads by a date to be agreed upon by fe
purchaser and the Sella, aid the Seller thereafter indicates its mobility or unwillingness to comply, the Panchasa
may cause the work W Ire pert ed by the meet expeditious means available to at and to Sella shall pay all
casts communist with such work.
The Seller shall release the Purchaser and its comments of my tier from all liability and claims of my name
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the Party released and shall extend to the
chances, officers and employees of such party.
The Semees wmreceml obligations, including immunity, shall ant be dxmed to be reduced, in my way, beaus,
such work is performed or aucd to be perfomed by the Purchaser.
14. PATENTS.
Whenevmhe Seller is reqoined 1. use any design, device, mammal or p.ecas covered by loner, patent, hack m ask
or copyright, the Seller shall indemnify and save harmless the P trusser from my and all claims far infringement
by mothers of the ne of such Fleeted deign, device, material or procass in conrcction with the contract, and
shall indemnify the pulchasa for any cost, expense m damage which it may be obliged W pay by reason of such
infringement at any time during the panse mien or after the completion of the work. M con, said equipment, or
any pan thaerf or to intended um of the goods, is in such suit held to constitute inGngemem and the ere of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser to right as continue using said equipmen, or pus, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes vonlnfringing.
15. INSOLVENCY.
If rise Sella shall become insolvent or hardrept, make an assignment for the benefit of creditors, appoint a
reseciver or trustee for any of the Sellers property or business, this oiler may forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
cussed under and gavemed by the laws ofibe State afCokordo, USA.
The fallowing Additional Condition apply only in caws where the Sella is to perform work hcreunda,
including the servicesof Sellcrs Reprewnutivo(s). on the p a dos ofodmgx.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and Shall,
in sew of any accident, destruction or injury no the work and/or materials before Sellers Gnat compie icn and
acceplam'c, complete the work at Sellers awn expense and W the satisfaction of the Purchases. When materials
and equipment are Terminal by orders for installation or erection by the Sella, the Sella shall receive, uNood,
store dnd handle same at to site and become responsible therefor as though such materials mNor equipment
wait being furnished "a Sell. coda the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
discos, benefits, W its employees employed oa or in connection with the work coverts by this purchase order,
andor to their dependents in accordance with the laws of the state in which the work is W be, done. The Sella
shall also any comprehensive general liability including, but not limited to, contractual and vutomoblle public
liability insurance with bndily injury nod drat limits of in least S300,000 for my eve person, Stop," for very
me accident and property, damage limit per accident of 5400,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premiss of admix, the Seller shall famish the Purchaser with a certificate
that Such compensation and insurance have been provided. Sued certificates hall specify the date when such
compensation and Imumnee have been provided. Such certificates shall specify the date when such comperesmion
and insurance expires. The Sella agrees thin such compensation and insurance shall be mainuined until after to
entire wink is completed and accepted
19. PROTECHON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability fro my and all damage, loss or injury ofany kind
or natum whatsoever to person or property caused by or rauling from the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold handless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether W person or property to which the Purchaser may
he put or subject by reason of any act, action, neglect, omissim or default on the pan of the Sella, any of his
commands, or my of the Sellers or contractors officers, agents or employees, In caw any No or other
proceedings Shall ne brought against the Purchaser, or its officers, agents or employees at my time an account or
by reason of any act action, neglect, omission or default of the Seller of my of his containers or my of its or
their officers, agents or employees" aforesaid, the Sella hereby agrees to assume the defense Banner and to
defend the same at the Sellers own expense, to pay my and all costs, charges, at omeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchna or any of its at their officers,
agents or employees in such avits or the, proceedings, and m case judgment or otha lied be placed upon or
obtained against the property of fe Permission, or Said parties in or as a result ofsuch suits or other proceedings,
Else Sella will to once cause the same ao be eissolved strand discharged by giving bond or otherwise. The Sella and
his contractors Shall take all safety precaution, famish and install all gourd necessary for the prevention of
accidents, comply with all laws and regulation wild regool W safely including, but without limitation, clan,
Occupational Safety and halt Act of 1970 and all mles and regulation issued pursuant thereto.
Rained Marla