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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9141876Fort Collins Date: 04/03/2014 PURCHASE ORDER PO Number Page 9141876 101`2 This number must appear on all invoices, packing sli s and labels. Vendor: 132158 Ship To: ELECTRIC UTILITIES CTL/THOMPSON INC CITY OF FORT COLLINS 1971 W 12TH ST 700 WOOD ST DENVER CO 80204 FORT COLLINS CO 80521 Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price TESTING SERVICES 1 LOT LS 4,000.00 WO #OP-452626 FC CUSTOMER BLDG City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 $4,000.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local uses. Our Exemption Number is 11. NONWAIVER. 98-04502. FWeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser ho insist upon seder performance of the terms and mnditiom hereof, failure or delay to Interul Revenue, Denver, Colorado (Re Colorado Revised Sutures 1973, Chapter 39-26, 114 (a) exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or appmaml of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wermnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage m transit, may be resumed to you for run it and are nor to be replaced except upon receipt of women Purchaser m insist upon strict performance hereofor any arm rights or remedies as to any such goods, regardless instructions tom the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default Encu her, nor skill any purported oral modification or rescission of this purchase order by the Purchaser operate az a waive of any of the terms Inspection. GOODS are subject to the City of Pon Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sm'iar or equipment in respome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. Nowever, it is to he understwN that FINAL Seller and the Pumbaser rmognve ohm in actual reommic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon co-pletian are][ applicable required inspection procedure. violations are in fact home by the purchaser. Fro mofore, for goad cause and as consideration for executing this purchase order, the Seller beet, assigns to the Purchase my and all claims it may now have or hereafter Freight Terrm. Shipments must c F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under fedevd nr state act., laws for such overcharges commit Ir the particular goad or sm4ce or curvise specified on this order. If permission is given to pr,my freight and charge sc exameb, the original freight pumhaaed or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additioal charges for Packing will not he seceped. 13. PURCHASERSPERFORMANCEun SELLERS OBLIGATIONS. Shipment Distance. Nbcre manufacturers have distributing Pointsoti in parts of the country,voceshipment is If the Purchaser Ore Seller m rotrtcr or der hive good by a date to co agreed upon by the Se freight expected f the marts) distribution point to Jestiwsion, and cacess freight will he Deducted fmm Invoice when enonconforming ters inability or unwillingness to the Purchaser a Seller, Putchaus and the Seller, and the Sellerthereafterthe shipments are made fmm greater distance, most expeditious he Set], may cause the work to ch performed by the most expeditious means available to it. and the Seller shall pay all rams arsaeiatea with such work. Permits. Seller shall procure at sellers sole cost all necessary pfimits. oertifcatce and licemes rquired by all applicable laws, regulations, oNinames and mks of the store, municipality, territory or political sabdivisim where the work ex perfumed, or required by any other duly coentimted public authority busing jurisdiction over the work of vendor. Seller fuller ii mis to hold the City of Fort Calkins hannlecs fmm and against all liability and loss necd by than by reason of an acesened or established violation of any such laws, regulations, ordinances, roles and reluirements. Authorization. All parties to this contact agree that the representatives are, in fact barm fide and possess full and ardent authority to bind said pules. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sta l herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpomted human by reference. Any additional or different tents and conditions proposed by seller are objected to and hereby ranked. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Radiation, acceptance ofpadial late deliveries, skill opemse as a waiver of this provision In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable fu damages. However, the Seller shall not be, liable for damages as a retail Of delays due to causes not reasonably foresttable which art beyond its reasonable control and without its fault of negligence, such is of Oar, acts of civil nr military authorities, governmrnul priorities, rims, stakes, Boll, 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 event of any such delay, the due Of delivery shall be extended for the period qusl to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples arnjor Other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted smandrd for work of a similar nature. The Seller agrees W hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur an account of the Sellers breach Of wnrraay. The Seller shall replace, repair or make good, without cost to the purchase,, any defects or faults alising within one (O year or within such longer sari W of time res may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance, of hie goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect of defective work done or -,.riots famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase Order, the Sellers liability hereunder shall extend m at I damages proximately caused by the breach of my of the foregoing warranties 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 Pwchuer may make changes to legal temp by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or action change order. If any such change a@ass the amount due or the time of performance hereunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by corium change We, tetmin,e this-ximemrnl as to any or all poal of the goods then not shipped, subject in any equitable adjustment between the parties as to any work or materials then in Progress provided that rise Northern shall not he liable for my claims for anticipated profits on the uncompleted portion of the goods motion work, for incidental or consequential damages, and Out m such substantial he made in favor true, Seller with restorer to any goods which arc the Sellers smndN stock. No such ourninanion shall relieve the purchaser or the Seller of any oftheir obligation u to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he msened within thirty (30) days Even the date the change or reemimtion is ordered 8. COMPLIANCE WfIN LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in short compliance wish all applicable laws and regulation to which the goals are subject. The Seller shall execute east deliver such documents as may he rquired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this common are hereby uniformed herein by this reference. The Seller agree to indemnify and hold the Purchaser humlecs firm all rests and damages suffered by the Purchaser m e result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or my monies due or to became due hereunder without rise prim women consent of the other party. 10. TITLE. The Seller warrants full, clan and unumaketed tide in the Purchaser for all equipment, materials, and items furnished in performance of this agreement fret end clear of any and all liens, restrictions, reservations, semnty Turned eneurnbmncc i end claims of others. The Seller shall release the Purchaser and its remeazmrs of my tier from all liability cad claims of any none resulting fmm the pert once ofanch work. This rah. sbill[ apply men in the event of fault of negligence of hie party, relented and shall extend to the directors, officers and emplay. ofsuch party. The Salle is contactual obligations, including warranty, shall not be decreed to be reduced, in any way, because such work is performed or ceased to be performed by the Puchaser. 14. PATENTS. Whenever the Seller is rquired to use any design, device, material or process covered by letter, paten, trademark copyright, the Seller shall indemnify and save homeless the Purchaser from any and all claims for infnngcmcal byre of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pum ecor for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsecmion or after the completion of the work. In use said equipment, or any pan thereof or the intended use of the goods, is in such On 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 procure for the Purchaser the right to continue using said quipment or parts, replace the same with subsmntially equal but noninGnging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the Inert of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may thrduwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Of terms used or the interyrachu n of the agreement and the rights of at l parties hereunder shall be construrd under and gnevemed by the laws of the State orCulomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenmtive(s), on the premises ofothem. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work major materials before Seller's final completion and acceptance, complete rise work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became respoinible therefor as though such materials andOr equipment were being furnished by hie Seller under the order. 18. 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 the work covrml by this purchase order, andior to their dependents in accordance with the laws of the ands in which the work is to be, dotty. The Seller shall also entry 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, Stan," for any one accident all pmpenry damage limit par accident of S400,". The Seller shall likewise require his numerous, if any, to provide for such compensation all insurance. Before any of the Sellers or his contactors employees shall do any work No the premises of other, the Seller shall Finnish the Patrolman with a eeniream that such compensation and assurance have been provided Such moiliumas shall specify the date when such competssaum and insurance hava been provided. Such certificates shall specify the dine whm such compenvtion and ireurvtcc expires- The Seller agrees that such compensation and assurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass es the came respmssibiloy and liability for my all all damage, loss or injury army kind or nature whmmecor to persons or property canned by or reaching fmm the execution of the work provided for in Nis purchaa order as in comerhon herewith. The Seller will indemnify and hold hamless the Purchaser and any r all of the Purchasers officers, agents and employees fmm all uptake, any and ill clams, losses. damages, charges or expenses, whether direct or indirect and whether to person or piper, m which the Purchaser may he put or subject by season of my an. arum union, omission or default on the pus of the Seller, any of his contmemrs, in my of the Sellers or crommors aRcers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its.Rears, agents or m,kyxs at any time on account or by reason of any rat acom, neglect, omission or default of $e Seller of any of his contractors or my 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 the Sellers own expense, to pay my and all Costs, charges, auomrys fees and other expemes, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees 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 ponies in or as a result of such stairs 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 contactors shall take all safety precautions, frmish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimtion, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant therein. Revised (Un01)