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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9120870 (2)City of �,.Fo_rt Collins Date: 02/09/2012 Vendor: 132158 CTUTHOMPSON INC 1971 W 12TH ST DENVER Colorado 80204 PURCHASE ORDER PO Number Page 9120870 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 02/09/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Horticulture Building 1 LOT LS 2,125.00 Proved Schematic Design, Structural Floor Design, Material Testing, Site Inspections, etc. for the Horticulture building slab per signed CTL/Thompson Work Agreement dated 1/31/2012. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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: $2,125.00 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 smtote the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Internal Rcecmm, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written in,mctions from the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hercnf. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the c,,cut of a breach, the acceptance ofor payment for goods hereunder or approval optic design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a ",,river of any right ofthe purchaser to insist upon strict performance Itco mfor any of its rights or remedies as to any such goods. regrolless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any permitted Oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 Homescr, it is to be understood that FINAL Seller and the Purchaser recognize that in retail economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmccdums. violations are in fact borne by the Purchaser. Theretofore, for grad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may noes have or hereafter Freight Terms. Shipments must be EO.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 90522, toles, 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 or 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 mmrnufacturcrs have distributing points in various parts of the country, shipment is If the Pumhoscr dircek the Seiler 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 its inability or unwillingness 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 costs rssceiatcd with such work. Permits. Seller shall pmevre at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of sea der. Seller further agrees to held the City of Fort Collins hamdcss from and against all liability and less incurred by them by reason of as asserted or established violation of any such laws, regulations, onlinnnce,. odes and acquirements. Authorization. All parties to this contract agree that the representatives are, in fact. born Fide and possess fail and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order exprcc ly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hacto or incorporated herein by reference Any additional or different terms and conditions p arx d by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make eumplete shipment to arrive on your Promised delivery date as noted. Time is ofthe essence, Delivery and performance must he effected within the time stated on the purchase order and the ducuments attached hcrcm. No acts of the Purchasers including, without limitation, acceptance of -partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order chsewluerc 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 reasonably foreseeable which arc beyond its rcaxonablc control and without its fault ofnegligence. such acts ot'God, acts ofcivil or military authorities, governmental priorities, fires. strikes. Bond, epidemics, Wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller Cost 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 ofthe delay. t. WARRANTY. The Seiler wamats 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 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 account ofthe Sellers breach opwarranty. 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 lass or by the tams ofany applicable warranty provided by the Scllcr after the date Of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all dumages proximately caused by the breach ofany of the foregoing venom fries or guarantee,, but such liability shall in no event include loss f,.fits or loss effuse. 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 Ordcred is the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpafnmance hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may at any time by w'rinco 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 provided that the Purchaser shall not be liable for any claims for anticipated profits 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 Seller with respect to any goods which are the Sellers standard stock. NO such monamition shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or teminatton is ordered. S. COMPLIANCE WITH LAW. The Seiler Wamnts that all goods sold hereunder shall have been produced. sold, delivered and furnished 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 humhcss from all costs and damages suffered by the Purchaser as a result optic Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies duc or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller Wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Performance of this agreement. free and clear of any and all liens, restriction, reservations, security interest encumbrances and claims of other,. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This mlen a shall apply even in the event of fault of negligence of the parry released and shall extend to the dir"Inam, officers and employees ofsuch party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any may, becatsc 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 shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such Indented design, device, material or process in connection with the contmcp 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 ofthe work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure 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 become insolvent or bankrupt, make an assignment for the benefit of creditorsappoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Nucha,cr without liability. 16. GOVERNING LAW. The definitions oftems used in the interpretation nfthe agreement and the rights ofall panics hereunder shall be consumed under and governed by the Imes ofthe State ofColomdo. USA. The following Additional Conditions apply only in cases olume the Seller is to perform work hermmder. including the services Of Sellers Represeatative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case ref any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials sad equipment are furnished by others for installation or erection by the Scllcr, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall. at his two expense, provide for the payment of Workerz compensation. including occupational disease henefits. to its ennphnyees employed on or in connection With the work covered by this purchase Order. and/or to their dependents in accordance with the laws of the state in which the work is to be d wu The Seiler shall also carry comprehensive general liability including, had not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least SM0.000 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 Sellers or his contractors employees shall do any work upon the pranisc, of others, the Seller shall furnish the Purchaser with a ccrtificatc that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after 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 infinity ofany kind or nature whatsoever to persons or property causal by or resulting farm the execution ofthe work pmvided for in this purchase order or it connection herewith. The Seller will indemnify mn1 hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees farm and against any and 111 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 tine pan 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 .loll be brought against the Purchaser, or its officers, agents or empinyees at any time 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 officers, ,gems or employees as aforesaid. the Scllcr hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, 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 officer., agents or employees in such suits or other proceedings, and in ease judgment or other lien he placed upon Or obtained against the p.perty ofthe Purchaser, or said parties in or as a result of such suits or other proceedings. the Seiler 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 preenutions. furnish and install all guards necessary for the prevention of oceidim s, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1971) and all rules and regulations issued pursuant there",. Revised 03/2010