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HomeMy WebLinkAbout133693 CGRS INC - PURCHASE ORDER - 9147114Fort Collins Date: 12/03/2014 Vendor: 133693 CGRS INC 1301 ACADEMY CT FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147114 1of2 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: 12/03/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i SPCC plan updates for 1 LOT LS 4,200.00 Timberline and Portner Subs 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collim is exempt from state and local toes. Our Exemption Number is 11. NONWAIVER, 98-04502. Federal Excise Tax Exemption Caalficam of Registry 84-6000587 is natstered aim the Collector of Failne of the Purchaser to insist upon stoat performanre of the terms and condition hereof, failure or delay to Inmmal Revenue, Denver, Colorado Ref. Colorado Revised So mru 1973. Chapter 39-26, 114 (a). exercise any rights or remedies Provided herein in by law, failure to promptly notify me Sella in the event of a breach, the acceptance afar payment for goods herruo la or approval ofine design, shall not release the Sella of Goods R ja al. GOODS REJECTED due to failure to coed spec ificatiam, either when shipped or due to defects of any of the wvncomm or obligation of this purchase order and shall act he d.med a waiver of any right of the damage in toanit may be retuned to you for credit and are at w he replaced except upon receipt of women pnchzscr to insist upon stria performance hereofor any of its rights or remedies as an any such goods, regardless instructions fmm me City Of Fart Collins. of whoa shipped, received ar accepted, as w any prior or sub agrat defult hereunder, oar shall any Imported coal modification or munition n of this purchase aNer by me Purchaser operate in a waiver of my of me teaks Inspection. GOODS are subject to the City or Fan Collin inspection on arrival. bmof. Final Acceptance. Receipt of the mmhandise, services; or equipment in spruce to this order an result in 12. ASSIGNMENT OF AMITRUST CLAIMS. auditioned payment on the pan of the City of Fan Collins. However, it is to he understand that FINAL Sella and me Purchaser recognize mat in actual vionnumv posefice, canonical resulting from antitrust ACCEPTANCE is dependent upon compinion of all applicable mill inspection proceduri violation are in fact From, by the Purchaun. Thereof sm, for good came and as wasidaation for executing Nis Purchase order, me Seller hereby resign to me Purchaser any and all claims it may now have or h,reafier Freight Tears. Shipments mutt he F.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws far such overcharge, relating to drc parricular goods or services otherwise specified an this order. If pemtission is given to prepay freight and charge separately, the original freight purchased in acquired by me Punhaser pormant to this purchax order. bill most accompany invoice. Additional charges for packing will tat be accepted. Shipment Distance. Where manufacturers have dictatorial, paints in vorm. pans of me country, shipment is expected from the ..rem distribution point do destination, and excess freight will be deducted from Invoice when shipments art made from grottt distance. Permits. Seller shall procure at sellers sole cost all necessary, permits, certificates and licence required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory in political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fan Collins harmless from and again all liability and loss recurred by them by reason of ea .,card or established violation of any such laws, regulations, ordinances, rules and repro meta. Authorization. All parties to this contract .,me that the representatives are, in fact harm fide and possess full and nmpine authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the union, and conditions stated herein set foal and any supplementary or additional terms and conditions annexed hereto or unimpaired herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejamd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make camflac shipment to stave oa your promised delivery date as noted. lime is of the essence. Delivery and performance ant be, aboled within the time ,rated on the purchase order and the documents macbed hereto. No acts of the Purchasers including, without ho ilmion, acceptance of pwial line deliveries, shall operate as a waiver of this provision. In the ,at of any delay, the Purthner shall have, in militia. w the, legal and equitable remedies, me option of placing this oMe, elsewhere and holding the Seller liable for damages. However, me Sella shall not be liable for damages as a result of delays due to muses not reasowbly foreseeable which are beyond its reasonable central and without its fault of negligence, such arts afGad, acts of civil or military suthorhies, goverrunmtal pricium, franc strikes Rood, epidemics, wars or dons provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of me time when the Seller first received knowledge thereof In me event of any such delay, me date of delivery shall be extended for One period equal to dte time scmally lost by reamer of me delay. 3. WARRANTY. The Seller warrants that all goods, articles. tnmenals and work award by this order will conform wim applicable drawings, specifications, sampler and/or other daaiptiom given, will be fit for me purposes intended, and perf ed win me highest degree of care and competence in acodance with accepted standards for work of a imilar nature. The Sella ogees w hold One purchaser hazmless fmm any loss, damage or expense which me Purchaser may suffer or incur on account ofine Sellers broth of warmaty. The Sella shall replace, repair or make goad, without cost to the purchasrq any defcu Or faWu arising within one (1) yam of within such longer pool of Gene as may bat prescribed by law or by me terns ofacy applicable wamnly provided by the Sella aRa the doe of acceptation of the goods f ishnd hereunder (acceptance not w be, unreasonably delayed), resulting fmm impafaf or defective work done or materials famished by the Seller. Acceptance or fie of good by the Purchaser shall not omtime a waiver of any claim anda this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend 1. all damages proximately caused by the breach of any of the foregoing warranties or guarentees, but such liabiltry shall in no even include loss of profits ar 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be tears, rimer than legal tern, including addi0am to or delearm, from the quantities originally ordered in the spccilic:niuns or drawings, by verbal err written change aide, If any such change a0'ects the amount due or the time of pafnmtneve hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriven change order, rermirem this agteemem as 1. any or all portions of the goods then not shipped, subject to any equitable adjuslment between the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the good atdror work, for incidental or consequential damages, nM that no such adjustment he made in favor of the Seller with respect to any goods which art the Sella standard stock. No such termination shall telmso the Purchaser or the Seller ofany of their obligations as to my good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be nursed within minty (30) &ys from me date the change or termination is ands d. I. COMPLIANCE WITH LAW. The Seller wonants dial all goods and hereunder shall have barn produced, sold delivered and parWshed in arms compliance win all applicable laws and regulation in which the good are subject The Sella shall eecme vd deliva such dauments ac may be romitcd to effect n evidence compliance. All laws and regulations requird to be incantational in agenn ens of this character art hereby incorporated herein by this reference. The Sella agrees To indemnify and hold the Purchaser harmless from all now and damage suliered by the Purchaur as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, potato, in convey this order, at any movies due or in become due hereander without the Prior women comsat ofine other party. 10. TITLE. The Sella winnow full, clear anal mrearicled tide to the Purchaser for all equipment, materials, and items famished in perform a of this agreement, face and clear of my and all him, restriction, reservations, security interest encumbrances and claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifine Pu basser ditecta the Seller to correct nonconforming or defective goods by a date to he agreed upon by Use Purchaser, and the Sella, and the Seller mcreaftcr, indicates in inability an unwivingness to comply, the Purchaser may cause the work to be Perforated by the most expeditious means available to it, and me Seller shall Pay all costs estimated with such work. The Sella shall Meats the Purchaser end its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, of icas and employees ofsuch party. The Sella's contractual obligations, including warranty, shall not be deemed to be redoced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material in process covered by lamer, patent trademark r copyright, the Seller shall indemnify and save harmless me Purchaser from any and all claims for infringement by reason of the use of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fur any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after me completion of me work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held w consume infringement and the use of said equipment or pat is enjoined, the Seller shall, at its own expense and in in opnoo, either prouure for the Parchssa the right to continue using said equipment or pare, replace the same with substantially equal but noninfringing equipment, in madify it s. it becomes noninfringing. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be convicted by Be Purchase, witham liability. 16. GOVERNING LAW. The definition of lemur cued or the mourprnatim of the agreement and the rights ofall parties hereunder shall he mmnued under and governed by me laws office State of Colorado, USA. The following Addifiorml Conditions apply only in mars where the Sella is to perform work hermMa, including the services of Sellers ReptesenntivIXs), an me premises ofolhem Il. SELLERS RESPONSIBILITY. The Sella shall any on said work at Sellers own risk writ the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work in Sellers own expense and in the mfisfaction of the Purchaser. When materials and equipment ere famished by others for installation or erection by me Sella, me Seller shall receive, unload, state and hzrdle same at the site and become responsible therefor as tough such matoals and/or equipment were being famished by thc Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational disease batcfls, to its employees employed on or in comedian with the work covered by this purchase order, indoor to their dependents in accordance with the laws of the state in which Use work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contracnal and automobile public liability insurance with Mali ly injury rind death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 900,000. 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 Finnish the Purchaser with a ratifrm, that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ttaificates shall spaify the date what such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me =mire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby maumes the,mire responsibility and liabiliry fro any and all damage, loss Or injury ofrmy kind or nature wladsoever to person or property, caused by or resulting fmm the execution of the work provided for in this purchase order err in connection herewith. The Seller will indemnify and hold hamless me Purchaser and any r all of the Purchaun officers, agents and employees from and against any and all claims, loves, damages. charges or expenses, whether direct or indirect and whether to persons or pmpeny to which me Parchaser may be put or subject by reason of any cat, action, neglect omission or default on me pan of the Seller, any of his mntnetorr or any of the Sellers or cantadars .Ricers, sperm or employees. In . any suit or omen proceedings shall be brought against the Pombears, in its officers, agrnts or employ., at any fine m,,count or by reason of my at action, neglect, omission in default of the Sella of my of his contranors or my of its or their alficas, agents or employees as aforesaid, me Sella barby agrees w assume m= defense thereof and to &fend the mac at the Seller own expense, to pay any and all man, charges, attoroeys fees and other expenses, any and all judgments dam may be incurred by or command again me Purchaser or any of its or their oRcess, agents or employees in such suits or other proceedings, and in case judgment or Omer lien be placed upon or obtained again the property ofthe Purchaser, or said parties in or as a rent ofsuch salts or outer gmceMings, the Seller will at once rouse the same to be dissolved and dischargN by giving bond or otherwise. The Sella and his contractors shift rake all safm precaution, famish and install all guard necessary for the prevention of accidents, amply scrim all laws and regulation with regard an xafm including, but William limitation, the Occupational Safety and Health An of 1970 and all tales and regulation issued pursuant therein. Revised 07n0l4