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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 3212166City of Foor_t Collins Date: 01/23/2012 Vendor: 132158 CTL/THOMPSONINC 1971 W 12TH ST DENVER Colorado 80204 PURCHASE ORDER PO Number Page 3212166 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 Blanket Order 1 LOT LS Utilities THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Total r111 111, Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMAIERCIALDETAILS. Tax exemptions. By sL ate the City of Fen Collins is exempt form state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-WM597 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to mca specifications, either when shipped or due to defects of damage in transit, may be maimed to you for credit and are not to be replaced except upon receipt of written instntctim s from the City of Fen Collins. Inspection. GOODS arc subject to the City of Pon Collins inspttturn on arrival. 11. NONWAIVER. Fails a of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failure or delay to exercise any rights or rcmcdics provided herein or by lax. failure to promptly notify the Seller in the event of a breach, the ncceptence ofor payment for goods hereunder ar approval of ehc design, shall not release the Seller of any of the tvammics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance heremfor any of its rights or rcmcdics as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall any purported onl modification m rescission of this purchase order by the Purchaser operate as a waiver of any of the terns 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 M the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in naval economic practice overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violation., arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for caccating this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.N., City of Fen Collins, 700 WoM St_ Fen Collins. CO 80522. 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 freight purchased cr acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where nuoulaemrcts have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination. and esccss freight will be deducted form Invoice when Purchnscr and the Seller and the Seller Ihercxficr indicates its inability orumvillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cost, associated wish such wmk. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where the work is pMomM, or required by any other duly constituted public authority having jurisdiction aver the work of vendor. Seller Posher agrees to hold the City of Fen Collins harmless from and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances. odes and requirements. Authorization. All panics to this contract agree that the representatives are, in fact. bona ride and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dilTerent 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 must be effected wilhin the time stated oa the purchase order wad the documents emeehed hereto. No acts of the Purchasers including, without limitation. acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of anv delay, the Purchaser shall have, in addition to other legal and equitable ¢medics, the option of placing 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 masonably foreseeable which arc beyond its reasonable control and without its fault ofncgligcncc, such act ofG d. act, ofeivil or military authorities. governmental priorities, fires, strikes. Rand, 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 knnwdMgc theme[ 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 ofthe delay. 3. WARRANTY. The Seller warrants 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 for the purposes intended, and pm(ormed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Scllcr agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sdfe, ar incur on account of the Sellers breach of warn am The Seller shall replace, repair or make good, withnm cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms array applicable wamnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofanv claim undo 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 ofthe foregoing wamntics or guarantees, but such liability 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 make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or ddctums form the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time of perfommnce hereunder, an equitable adjustment shall be madc. fi. TFRM IN A T IONS. The Purchaser may at any time by written change order, ecm inatc 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 provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sell,, with respect to any goods which are 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 must be asserted within thirty (30) days form the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and famished 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 officer 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 harmless from all costs and damages suirl 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 parry. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any for Two all liability and claims of any nature 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 in the directors, off jeers mN employees of such party. "The Seller's contractual ohligwinns, including warm. my. shall not be deemed to be reduced, 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 or process covered by letter. patent, trademark or copyright, the Seller shill indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of s ch patented design, device, material or process in connection wish the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of fic work. In case said equipment, or any pan thcrcnf 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 Vaccine for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or hankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpery or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hcrcundcr shall be consumed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services MSellcm Representative(;), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall cam ran said work at Sellers 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 Sellers final completion and acceptance, complete the work at Scllers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and became mspansible therefor as though such materials and/tar equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disensc benefits. m it, entployccs employed on at in connection with the work covered by this purchase order, and/or to their dependents in nceonlance with the laws of the state in which the work is to be done. The Scllcr shall also tarty comprcbcnslvc general liability including, but not limited to, contractual and automobile public liability insunnwc with bodily injury and death limits of at least S300,00) for any one person. S500,000 for any one accident and Property ([image limit per accident of S400.0810. The Seller shall likewise require his contractors. it any, to provide for such compensation and insurance. Before any of the Sellers or his contractors creplayeee shall do any wink open the premises ofothcrs. the Seller shall furnish the Purchaser with a certifeate that such compensation and insurance have been provided. Such certificates shall specify the date when such eompensntion and insurance have been provided. Such certificates shall specify the date when such mmp"ortion .,,,it insurance cx,imx The Seller agrees that such cow mpcnsztion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby r wares the entire respnnsibility and liability for any and all damage. loss or injury ofany kind or nature vvhat,ocver to persons or property caused by or resulting from the execution ofthe work provided f r in this purchase onlcror in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or 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 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 pan of the Scllcr, any of his contractors. or any of the Sellers tar contractors oBiccm. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its effects, agents or employees at any came on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their effects, ngenls or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the . amc al the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and of judgments that may be incurred by or obtained against the Purchaser or any of its or their offccrs, agents or entployccs in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause ehc same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all ponds 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 talcs and regulations issued pursuant thereto. Revised 03/2010