HomeMy WebLinkAbout133693 CGRS INC - PURCHASE ORDER - 9147482Fort Collins
Date: 12/18/2014
Vendor: 133693
CGRS INC
1301 ACADEMY CT
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9147482 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 12/18/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Perform the necessary tasks
to properly drain and dispose of the underground
storage tank discovered at 222 LaPorte Ave as
per proposal dated 12-15-14.
Includes notice to State of Colorado and obtaining
removal permit and getting utility locates.
Pumping fluid from tank, excavate tank, remove
tank, loading tank, transporting, disposing and
backfilling hole with structural fill.
Documenting and charactering subsurface soil conditions
and determining if there is contaminated soil.
Properly disposing of 50 CY of contaminated soil
and hauling in and compacting structural fill in the hole
for $54.72/CY plus oversight of 6 hrs @ $75/hr.
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
1 LOT LS
28,331.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
fimi&malrins ari SFIK7T
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By smtute the City of Fort Collins is exempt from sole and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Carbonate of Registry S f6D)D582 is registered with the Callamr of
Inmmal Revenue, Denver, Colorado (Ref Colorado Rallied Stamms 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure at mom specifications, order when shipped or due an defecs of
damage in tmnsir, may be daumd to you fro cred'u ad are rat to be [placed except apart receipt of wntmw
instructions from Om City of Fall Collins.
Inspatim. GOODS are subject to the City affront Collins inspector on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response m this older can mull in
au lamiud pcymem on fe pad of the City of Too Collins. However, it is m be understand thin FINAL
ACCEPTANCE is dependent upon completion ofall applicable acquired inspection procedures.
Freight Terms. Shipments most b< BOB., City of Fad Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this older. If pumission u given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additioml charges for packing will not be accepted.
Shipment Dismnce. Where m moun as have disnibuting Points in commus pars of the remarry, shipmem is
expected limn the nearest distribution point to datinslioq and excess fright will be deductal from Invoice when
shipments are ..into from greater dismnce.
Permits. Seller shall procure at sellers sale cost all necessary pounds, certificates and licenses required by all
applicable laws, regulations, oMilan. and roles ofthe state, municipality, territory or polifical subdivision where
the work is performed, or squired by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fall Collins harmless from and against all liability and lass
ed by them by rean of an asserted or established violation of any such laws, m ulmions, ordinances, roles
anartso
rogmretnents.
Authorization. All parties to this contract agree that the rcpresmotives are, in fact, bona Ode and possess full and
complete authority to bind said probes.
LIMITATION OF TERMS. This Purchase Older expressly limits acceptance ram fie It. ad arraddiws stared
herein set forth and my supplementary, or additional terns and conditions simexed harem or incorporated herein by
reference. Any additional or different moms arm conditions prepared byseller— objected m and hereby mjend.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you owed make complete shipment o arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of Pat late deliveries, shall operate as a waiver of fix provision. In the exam, of any delay,
the Purchases shall have, in addition in other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reawmbly foreseeable which are beyond is reasonable central and without is fault of negligence,
such ens of Gm, acts of civil or military authorities, governmental priorities, fires, strikes, rood, epidemics, was or
riots provided that notice of the conditions causing such delay is given m the Purchaser within live (5) days of the
time when the Seller first received knowledge thereof In fie event of any such delay, the Jae of delivery shall be
extended for the period equal to the time actually lost by ma»n of the delay.
3. WARRANTY.
The Seller warrants that all gaud, articles, malouls and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and compromise in arms ance with accepted standard for work of a
similar aware. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
Prambuer may sullb or incur on account of the Sellers breach of warmnty. The Seller shall replace, repair or make
god, 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 tens of my applicable warranty provided by the Seller after the dam of
acceptance of the gaud furnished hereunder (worriment now to be, mar erembly delayed), reaching from imperfect
or defective work done or materials barroom by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this.1y. Except as otherwise provided in this purchase, under, the Sellers
liability NmawJa shall extend to NI damages proximately caused by the breach of any of the foregoing wmmndes
ca graramres. but much liability shall in no event include loss afpmfm or loss of sett. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
d. CHANGES IN LEGAL TERMS.
The Purchaser may nuke changes to legal time, by wilt m change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may rake my changes to fie arms, other nun legal move, including cautions to or deletions fmm
fie quantities originally ordered in the specifications or drawings, by verbal or wnnen change orderIf my such
change affects m the amount due or the time ofperformer hercuratnda, equitable abournow shall be more.
6. TERMINATIONS.
The Purchaser may at any It. by not change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable wipar ment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the good and/or work, for ineidemal or consequential damages, and fat no such adjunlmem be made in
favor of the Seller with respect to my goods which are the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller orally of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be accent within thirty (30) days from the date the change or termination is
odered.
9. COMPLIANCE WITH LAW.
The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and burnished in strict
compliance with all applicable laws and regulations to which the good art subject. The Sella shall execute and
deliver such document as may be required to effect in evidence compliance. All laws and regulation required to be
incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify arm hold the Purchaser bamdess from all was and damages suffered by the Purchmn as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tractor, or covey this order, m my monies due or to broom, due howarder without the
poor women comment ofthe other parry.
10. TITLE
The Sella warned" full, clear and auavicmd tide to the Pochasa for all equipment, mammals, and items famished
in ponfiourrome of this agreement, her and clear of my and all liens, resnictions, reservations, security interest
encumbrances and claims ofathers.
11. NONWAIVER.
Failure of the Purchaser an insist upon strict performance of the toms and conditions hereof, failure no delay an
any rights or ranedies provided herein or by law, failure to promptly natify the Sella in tM event of a
breach, the acceptance of or payment for good hereuMer or approval ofthe design, shall not release the Seller of
my of the wasrdnties or obligations of this puchsse order and shall not be deemed a waiver of my right of the
purchase, a insist upon strict perf amc Isamic, any of its rights or remedies as an my such goods,regardless
of why shipped, received or accepted, as to any prior or subsequent d,fxuh haemrder, nor shall any puryoned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Franchiser monsoon Oat in actual economic practice, overcharges; resu
lting from mriatm
er vichwa are m in fact force by the Purchaser. Theretofore, for good cause and in consideration f executing this
purchase order, the Seller hereby assigns to the Purchase my and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating an the minimum good m services
purchased or acquired by the Purchaser par t to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller m correct nonconfomaing or defective goods by a date to her agred upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
mey cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Parchaer and its contractors of any tier from all liability and claims of any nmmre
resuhing from the performance Orwell work.
This releae shall apply even in the event of fault of negligence of the paty released and shall extend On the
directors, officers and employees ofsach party.
The Sellers containment obligations, including warranty, shall not h< deemed an h reduced, in any way, because
such work is performed or caused to be pofor ad by the Purchase,
IC. PATENTS.
Whenever the Seller is atui Nlm use any dmi,,device, mmeriil or process covered by loner, patenh trademark
or copyright, the Seller shall makdomify and save harmless she Purchaser from my and all claims for infringement
by anon of the use of such Paennd design, device, material Or process in connection with fie contrast and
shall indemnify the Functional for any and, expose or damage which it may be obliged an pay by reason of such
additional at my time during the prosecution or moor the completion of the wok. In rase said aluipmmt. or
any pan thereof or the whood use of the good, is in such suit held to comtimm infringement am the else of
said equipment or pan u hand, the Seller shall, at its own expense and at its option, either procure for the
Purchases the right to continue using said equipment or part, replace the same with substm0ally equal but
noninfriMing equipment, or modify it m it becomes nownfringing.
15. INSOLVENCY.
If the Seller shall become insolvent are bankrupt, make on msignment for the benefit of credimrs, appoint e
moverorrandom for any of the Sellers property or business, this order may forthwith be canceled by the
Purc
haser without liability.
16. GOVERNING LAW.
The definitions ofit., usd or the interpretation ofthe agreement and the rights of all parries hereunder will be
construed under and govemed by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in mucas where the Sella is to perform work haremder,
including the services of Sellers Repracralivgs), on the prcmisa ofomhers.
12. SELLERS RESPONSIBILITY,
The Seller shall carry on said work at Sellers own risk until the acme it fully completed mad amen,mid, and shall,
in c of my archival, destruction or injury to the work author materials before Seller's final completion and
accepmnce, complete the work at Sellar's own expose arm to the satisfaction of the Pmcbaser. When materials
and equipment are Rumored by others fro inedso ban or motion by the Seller, fe Seller shall receive, uaload,
store and handle same at she site and become responsible therefor in though such materials andor equipment
were being bailout by fie Sella ads the order.
18. INSURANCE.
The Seller shall, at his own expense, Provide for the payment of workers mmpewtion, including occupational
disease benefits, in its employers employed on or in command wit the walk coverad by this purchase olds,
author m their dependents in acmldavice coif fie taus of fie sole to which fie wok is to be done. The Seller
wall miss, carry comprehensive general liability includin, but rot limited b, conmemal and worrobile public
liability insurance with bodily injury and deed limits of at Icul 5300,ODU for any one person, 5500,000 for any
ecidow and property damage limit per accident of S,100.000. The Seller shall likewise require his
contractors, Hmy, to provide for such compensation and introduce. Before any argue Sellers or his concmcmrs
employees shall do my work upon the premises of others, the Seller shill f ish the Purchaser with a certificate
that such compensation and inurance have ban provided. Such certificates shall specify are date when such
compensation and insurance have been provided. Such oadficuta shall specify she doe when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall be momentum and after the
enure work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liabil try for any and all damage, loss or injury of my kind
or nature whatsoever to persons or property caused by our resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
r 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 o farmers or property to which one purchaser may
b< put or subject by reason of any not, action, neglect, omission or default on the pm of the Sella, my of bass
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Puchues, m its officers, agents or employees at my time an account or
by reason of my act, actioa, neglect, omission on, default of the Seller of my of his conlrmtors or my of is or
their officers, Menu or employees as aforesaid, the Sella hereby agrees to atume the defense thereof ad to
defend fie same at the Sellers new expense, to pay any and all costs, citing., avomeys fees wool othn expenses,
any and all judgments that may be incurred by or obtained against the Pruchuer or any of is or feu offic rs,
agent Or employees in such suits w other proceedings, and in case jdgment or ofer lien be placed upon or
obtained against fie p McrtY offs, P,chua, m said parties in or u a malt of such suit or other proceedngs,
fie Sella will in once cause the same m be, dissolved ad discharged by giving bond a otherwise. The Seller am
has cont,cmrs shall take all safety precmtioce, famish and install all guard necessary for the pmmenti er of
accident, comply with all laws and reddern t tough regorl ma safety including, but without limitation, the
Occupational Safety and Health Act of 1920 and ell rules and regain. issued pursumt thereto.
Revised 07f2014