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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9120647 (2)City of art Collins Date: 05/17/2012 Vendor: 132158 CTL/THOMPSON INC 1971 W 12TH ST DENVER Colorado 80204 PURCHASE ORDER PO Number Page 9120647 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 01/31/2012 Buyer: JOHN STEPHEN 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 3 Addendum to PO 9120647 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.corn 1 LOT EA 15,000.00 Total $15,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcn-ns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort CNlms is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the Ices and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Shames 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall ant please the Seller of Goods Rejected. GOODS REJECTED due to failure In facet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upno receipt of written purchaser to insist upon strict performance hercoforany of its rights or remedies as to any such goods. regardless insmction, fmm the City of Fort Collins, of when shipped, received or accepted, is to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on nrrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IGNMENr OF A NTITRUST CLAI M S. authorized payment on the part of the City of Fort Collins. However, it is to he understued that FINAL Seller and the Purchaser recognize that in actual economic practice, evercharges resulting from antitrust ACCEPTANCE is dependcm upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and .111 claims it may now have or hereafter Freight Timms. Shipments must be F.O.H., City of Fun Collins, 7010 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or service, otherwise specified on this order. If pcmtission 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 manufacturers have distributing points in various pans of the country, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or deficits, good by a data to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, 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 perfnneed by the most expeditious means available to it. and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers .sole cost all accessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the mork of sender. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances, talcs and segnircments. Antherizmion. All panics to this concoct agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additiowl terms and conditions annexed hereto or incogomted herein by reference. Any additional or different scope, and conditions proposed by seller arc ohjeeted round 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 must be cRccted within the time stated on the purchase order and the documents attached hereto. No acts 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 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 reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligenec. such acts of Gtd. ace ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics wars or rims provided that notice of the conditions gaming such dclav is given to the Purchaser within five (5) days ofthe time when the Se11cr first received knmwledge thereof. In she 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 warrants that all goods articles, materials and work covered by this order will conform wish applicable drawings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of aim and competence in accordance wish 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 of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by lam or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the gads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defxtive work done m materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise presided in this purchase order, the Sellers liability herewrder shall extend to all damages proximately caused by the breach ofany of the foregoing warrants cs or guemntces, but such liability shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes ID the terms, other than legal tells, including additions to or dcleions from the quantities originally ordered in the specificminns or drawings, by verbal or .written change order. If any such change affects the amount due or the time efperfcmmnce hereunder, in cgnitahle adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the guests then net shipped, subject to any equitable adjustment between the parties 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 guests 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 stack. No such harrad Ilion shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hcreandcr. 7. CLAIMS FOR AD3USTMENT. Any claim for adjustment must be asserted within thirty 130) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warm sits that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable law:, 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 are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hnmlcss from all crisis and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer, or convey this order. or any monies disc or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pumhascr for all equipment, materials. and items furnished in performance of this agreement, free and clear of any and all lint restrictions, reservations, scearity, interest encumbrances and claims of others. The Seller shall release the Pnrchascr and its contractors ofany tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pary released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warms my. shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfnmed by the Pomhnser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, 0adcmmk or copyright, the Seller shall indemnifv 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 i1 may be obliged in pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipntenl. or any pan thereof or the intended use of the grads, is in such suit held to constitute infringement and the use of said equipment or part is enjoined. the Seller shall, at its men 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 her noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tems, used or the interpretation ofthe agreement and she rights ofill panics hneundcr.shall be constmed undo and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the scmites of Scllcrs Remescntativc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's men risk until the same is fully completed and accepted, and shall, in case of any accident detraction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials .and equipment are famished by others for installation or crcotion by the Seller, she Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being finished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed on or in connection with she 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 done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bnlily injury and death limits of it least S306.000 for any one person, 5500,000 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 cmployces shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a ecetifieale that such compensation and insumem have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenificttes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrchy..,same, the entire responsibility and liability for any and all damage, loss or injury ofany kind or natur, whatsoever to permit, or pmperty caused by or resulting from the esccution ofthc work provided fer in this purchase order Or in connection herewith. The Seller will indemnify and hold harmles, she Purchaser and any or all of the Purchasers of icem, agents and employees fmm and against any and all claims, losses. damages, charges or expenses whether direct or indirect, and whether to persons or prop:rry 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 be brought against the Purchiscr, or its officers, agents or employees 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. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at she Sellers own expense. to pay any and all costs, charges, attomeys fen and other expenses, any and all judgments that may be incumd by or obtained against the Pumhstwr or any of its or their officers, agents ar employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny ofthe Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othero'kc. The Seller and his contractors shall lake all safety prccaminns, furnish and install all guards necessary for the prevention of accidents. comply with ill laws and segulilions with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued purstmat thereto. Rcvi,cd 01/2010