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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9112578PURCHASE ORDER PO Number Page City Of 9112578 t of z ` This number must appear Fort Collins " on all invoices, packing slips and labels. Date: 05/05/2011 Vendor: 132158 Ship To: CLRS ADMINISTRATION CTL/THOMPSON INC CITY OF FORT COLLINS 1971 W 12TH ST 215 N MASON, 3RD FLOOR DENVER Colorado 80204 FORT COLLINS Colorado 80524-4 Delivery Date: 05/05/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Registry Park Construction 1 LOT LS 29,835.00 Observation & Testing Services Construction observation and materials testing services for the Registry Park project per work order signed and dated 4/21 /11. v City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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. COMMERCIAL DETAILS. Tax cuemptions. By statute the City of Fon Collins is exempt full state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Ccnificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Deaver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of damage in transit, may be rctumed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the temu and conditions hereof, Failure or delay to c¢reise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of. breach, the acceptance ofon payment for goods hereunder orapproval ofthe design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be directed a waiver of any right of the purchaser to insist upon strict performance hercofor any of its right or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default heractder, not shall any purposed will modification or remission of this purchase order by the Purch:mer operate as a waiver of any of the moons hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting From antimmi ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hcrcby assigns to the Purchaser any and all claims it may now have or herm0er Freight Terms. Shipments most be F.O.R., City of To" Collins. 700 Rood St.. Too Collins, CO R0522. unless acquired under federal or 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 original (night purchased or acquired by the Purchaser pasuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where nanufaemrerx have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates it inability or unwillingness to comply. the Parchaser shipments arc made From greater distance. may cause the work to be perfra ed by the most expeditious means available to it. and the Scllcr shall pay all costs nssecioted with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mlcs of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction Over the Wmk of vendor. Seller further agrees to hold the City of Fort Collins hamdess fmm and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, rules and requirements. Authoneation. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the were; and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to 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 am reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such item of Gad. acts of civil or military authorities, governmental priorities. fires, strikes. flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the cent of any such delay, the date of dcl ivory shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants chat all go.&. articles, materials and work covered by this order will conform with applicable drawings, specifications samples and/or other descriptions given, Will be fit for the peposcs intended, and performed with the highest degree of care and competence in accordance with accepted standards for Work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on xeeorat ofthe Scllcrs breach of watmnty. The Seller shall replace, repair or make good. Without cost to the purchaser. any defects or faults arising within one (1) year or Within such longer period of lime as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods /bmixhed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute o waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss ofuw. 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. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change ender. If any .such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhascr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the purchaser shall not be liable for any claims fro anticipated profit on the uncompleted portion of the goods and/or work, for incidcred or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mull be asserted within thine (30) days from the date the change or Icrtnination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller w•arran¢ full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions reservations, security, interest encumbrances and claims of others. The Scllcr shn II rcleasc the Purchaser and its contractors of any licr front all liability and claims of any nature resulting front the performance of such work. This rcleasc shn I apply even in the event of fault of regl igcnec of the party released and shall extend to the directors, elycers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perfomted by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmeess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or princess in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan Ihereef or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either proeute for the Purchaser the right to contime using said equipment or parts, replace the same with substantially equal hot nnninfringing equipment, or modify it so it becomes nnninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defeitinns of teem used or the interpretation of the agreement and the rights fulfill panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the premises ofothcm. 17. SELLERS RESPONSIBILITY, The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's ov.n expense and to the satisfaction of the Purchaser. When netcrials and equipment arc furnished by others for installation or erection by the Seller. the Seller slell receive, unload, ,store and handle same at the site and become responsible therefor as though such mnerials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational discrete benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the lays ofthe 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 insurance with bodily injury and death limits of at least S300.000 for any one Person. S500,000 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 compensation and insurance. Before any of the Scllcrs Or his contractors employees shall do any work upon the pmmiw, ofothcrs, the Seller shall famish the Purchaser With a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccnificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumnec shall be maintained until a er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or inbrry ofany kind or nature whatsoever to persons or pmperry caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indcmni fy and hold hamuless the Purchaser and any or all of the Purchasers officers, agents and employees Form and against any old all claims, losses damages, charges or expenses. whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect. omission Or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its officers. agents or employees at any time on account or by reoson of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRccm. agents of employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mmc at the Sellers own expense, to pay any and all costs, ehorges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents on employees in such snits or other proceedings, and in case judgment or other lien he placed upon or obtained against the properly of the Purchaser, or said parties in er m a result of Inch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and install all guards 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 regulmions issued pursuant thereto. Revised 03/2010