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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9115249Fort Collins Date: 09/12/2011 Vendor: 132158 CTUTHOMPSON INC 1971 W 12TH ST DENVER Colorado 80204 PURCHASE ORDER PO Number Page 9115249 1ef2 his number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 09/12/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Construction Obs.& Mtrl. Test Station 1 Remodel per work order GT2-04-2011 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 Ptwne:970-221.6775 Fax:970-221-6707 Emaif:purchasing@fcgov.00m 1 LOT LS $5,944.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 C�lidF�iTli t 1 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By saran, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 9"502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance, of the terms and conditions hereof. faihne a delay an Internal R"ame, Deaver, Colorado (Ref. Colorado Revised Satmes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance of a payment for goods hacunder or approval of the design, shall not rekam the Seller of Gods Rejected. GOODS REJECTED due as failure to min specifications, either when shipped or due to defers of any of the warranties or obligations of this purchase order and shall cam be dinned a waiver of any right of the damage in transit, may be returned to you for credit and care not as be replaced except upon receipt of written purchase to insist upon strict perfmmsnce hadafor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prim or subsequent default hereunder, nor shall any purported all modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teats Inspection. GOODS am subject to the City of Fen Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services a equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pact of the City of Fan Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations arc in fad bane by the Purchaser. Theretofore, for goad cause and as consideration for executing this purchase old", the Sella hereby assigns to the Purchaser any and all claims it may now have or bercafter Freight Tams. Shipments most be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or sate antimst 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 freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges fa packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts 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, will the Seller thereafter indicates its inability or unwillingness to comply. the Purchases shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all cats associated with such work. Parties. Seller shall promote at sellers sole cast all necessary permits, certificates and licenses required by all applicable awes, regulations, ordinances and rules of the cam, municipality, territory a politics] subdivision where the work is performed, a required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collier harmless from and against all liability and loss intoned by than by reason of an assened or established violation of any such laws regulations, ordinances, miss and requiremnm. Authoritarian. All parties to this contras agree that the representatives arc, in fad, bona ride and possess full and complete authority to bind said panties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incaporatcd 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 of the essence. Delivery and performance most be ciliated within the time sated an the purchase old" and the documents attached hereto. No ads of the Purchasers including, without limitation, acceptance of pmW late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clwwhele and holding the Seller liable for damages. However, the Sella shall nor be liable for damages as a result of delays due m causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such ads of Cod, ass of civil or military authorities, guvemmeaal priorities, fires, strikes, flood epidemics, was 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 Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit fro the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fa work of a similar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the Purchase may suffer or incur on account of the Sellers breach of warranty. 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 time as may be prescribed by law or by the terns of any applicable warranty provided by the Sella after the date of acceptance of the goods famished hereuder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done a materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of airy 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 of garantees, bar such lability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may rake changes to, legal terra by wriften change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, may make any changes m the tams. other than legal terms, including auditions to a deletions horn the gwmities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchas r may at any time by written change order, farmhouse this agreement as to any or all portions of the goods then nor shipped, subjea to any equitable sallowness between the parties as to any work a materials then in progress provided that the Purchaser shape not be liable fa any claims fa anticipated profits on the uncompleted portion of the goods and/or work, fa incidental a consequential damages, and that no such adjustment be made in fnvor of the Sella with respect to any goods which am the Sellers standard stack No such lamination shall relieve the Purchaser or the Sella of any of their obligations as to any goods delivdd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella waranss that all goods sold hereunder shall have been produced, mid delivered and furnished in strict compliance with all applicable laws and regulations ro which the gods are subject. The Seller shall execute and deliver such documents as may be required to effed or evidence compliance. All laws and regulations required to, be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser an a result of the Sellers failure ro comply with such law. 9. ASSIGNMENT. Neither party shall assign, would. or convey this order, a any monies due or to become des hereunder without the prim writrn consent of the other party. 10. TITLE. The Sella warrants full, clear ad unrestricted title an the Purchaser for all equipment. materials, and items famishd in performance of this agreement, free and clear of any and all licas, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any aware, resulting from the performance of such work. This ralcase shall apply even in the event of fault of negligence of the party mlcascd and shall extend to the direr ors, olBeess and employees of such putty. The Sclices contactual obligations, including warranty, shall no be deemed to be reduced, in airy way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by lesson of the use of such patented design, device, material or puac ss in contraction with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time timing the prosecution or after the completion of the work. In case said equipment, or any pact thereof on the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment a pan is cajoined, the Seller shall, at its own cxpxse and at its option, either promote for the Purchaser the right an continue using said equipment or parts, replace the some with substantially equal but noninftinging equipment, or modify it as it becomes noninfitging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a mceiva a mate, for any of the Sellers property or business, this order may forthwith be canceled by the Purchasa without liability. 16. GOVERNING LAW. The definitions of toms used or the intdpo, firm of the agreement and the rights of alp parties hereunder shall be constmd under and governed by the paws of the Saw: of Colorado, USA. The following Additional Conditions apply only in cases wham the Sella is to perform work hereunder, including the services of Sellers Represenative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Scller s own risk until the same is fully completed and accepted, and shape, in cam of any accident, destruction or injury to the work ad/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by when fin installation a croction by the Selltt, the Seller shall receive, unload, stole and handle same at the sire and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the older. 18. INSURANCE. The Sella shall, at his own expense, provide fa the payment of workers compensation, incldmg occupational disease benefits, to its employnes employed on or in eonnoudon with the walk covered by this purchase order, and/or to their dcpenderm in accordance with the laws of the sate in which the work is to be done. The Sella shall also carry comprehensive general liability including, but can limited to, contractual and automobile public liability insurance with bodily injury ad death limits of at least 5300,000 fa any one person 5500,000 fm arty one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his contractors, if any, m provide for such compensation and insurance. Before arty of the Sellers a his cows c s employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a cenificate that such compensation and insurance have barn provided. Such certificates shall specify the time when such compensation and insurance have been provided. Such certificates shall specify the date when such canpensation and insurance expires. The Sella agrees thin such compensation and insurance shall be maintained until offer the cmim work is cmmpleed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sclltt hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property, caused by or resulting from the extension of the work provided fro in this purchase order or in connation herewith. The Selltt will indemnify and hold harmless the Purchaser and any or all of the Purchasers offices, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumbasa may be par or subject by reason of any act, Minn. neglect, omission or default an the pact of the Sella, any of his co m acres. a any of the Sellers or contractors offices, agents a employees. In case any sun a other proceedings shall be brought against the Purchaser, or its officers, agents a empmyeen at any than on account or by reams of any act, action, neglM, omission or default of the Selltt of any of has camadas or any of its of their offices. agents or employees ss sfaresaid the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, m pay my and all costs, charges, momeys fees and other expenses, any and all judgments; that may be incurred by or obtained against the Purchase or my of its or their offices, agents or employees in well suits ot other proceedings, and in cone judgment a other Has be placed upon or obtained against the property of the Parchment, a mid parties in or an a lean of such suits or other prooeedings, the Sella will at sae cruse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shell take all safety precautions, famish and insall all guards necessary for the pmertion of accidents, comply with all paws and regulations with regand at sanity including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010