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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9142275 (2)�For .Collins ' `'. Date: 05/02/2014 Vendor: 132158 Ce LITHOMPSON INC 1971 W 12TH ST DE_NVER CO 80204 PURCHASE ORDER PO Number Page 9142275 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/02/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 CONSTRUCTION SERVICES Rigden Reservoir -Natural Areas P,4 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.wnn 1 LOT EA 4,462.00 Total 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. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local flues. Our Exemption Number B 11. NONWAIVER. 98 04502. Federal Racine Tax Exemption Certificate of RegiRry, 84-6000582 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and condhons hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly nodfy the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when supped or due to defects of any of the wormardim or obligmions of this purchase order and shall nor b, deemed a waiver, of any right of me damage in transit, may be returned to you for credit and are not to be replaced except noon receipt of written purchaser to imist upon strict performance hereof or any of its rights or containers as, to any such goods, rcgaNless in mpictions from the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mndificmion or rescission of this purchase other by the Product operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptanme. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the For of the City of Four Collins. However, it is a be —dominated that FINAL Seller and do, Purchaser raationo that in artml execonscrou prams, overeherga resulting form antitrust ACCEPTANCEins dependent upon completion trail applicable required inspection procedures, simot rns are in fact home by the Purchmec Therer adman, for good wane and as consideration for executing this purchase order, Our Sella hereby unions to she Pumdow r any and all claims it may now have or hereafter Freight Terms. Shipments most he F.O.B., Ciry of Fort Collins, 700 Wood St., Tom Collins, CO 80522, unless acimood under federal a site antitrust laws for such overcharges reining 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. bit 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 pars of the country, shipment is If he Purchaser directs the Seller to correct nonconforming or defective goods by a dam 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 thercafter indicates its inability Or unwillingness to comply, the Purchaser shipments are made from greater distance may crass the work to be perfumed by me most expeditious means available to it, -it the Seller shill pay all costs notational with such work. Permits. Sella shall procure at sellers sole cost all necessary permits, unificates and licemes required by all applicable laws, regulation, mcb ancea and rates of me scat, municipality, territory or political subdivtion where fe work is performed, or required by my other, duly omntitured public i mhonry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamless Gom and against all liability and loss incurred by Nero by reason of an asund or establemal violation of any such laws, regulz6ou, whm r.. rates and requirements. Authorization. All parties to this contract agree that me representatives arc, in fact, born fide and pwseu full and complete authority to bind said panes. LIMITATION OF TERMS. '[Iris Purchase Order expressly limits acceptance to the tenor and conditions stated herein set fore and any supplementary a additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby odynted. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as motel. Time is of the essence. Delivery, end pert arse mud be efteaed within he time stared on the purchase other and the documrnts attached herem. No acts of the roundworm including, without limitation, macturvice of partial late deliveries, shall operte as a waiver of this provision In the mom of any delay, the Puchaser shall have, in addition to other legal and equitable remdies, the option ofplacing 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 are beyond its reasonable control and without its fault of negligence, such nets of God, acts ofewil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wan 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, Ne date of delivery shall be extended for the mood equal to me time actually lost by rtawn of the delay. 3. WARRANTY. The Seller wamnrs Nat ell gent, articles, materials and work cavorted by this miler will conform with applicable drawings, specifications, samples and/or other description, given, will be fit for Ne purposes intended, and performed with the higher degree of care and conference in accatdence with accepted standard for work of a similar mire. The Seller agrees Id hold the purchaser harmless from any loss, damage or expense which for Purchaser may suffer or incur on account cribs Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defect or faults arising within one D) year or within such longer period of time m may be prescribed by law or by the terms of any applicable warranty provided by me Seller alter the rime of a t,inance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or One 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 to all damages proximately caved by the breach of any of the foregoing warranties or gummntces, but such liability shall in no event include loss ofprofts or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make cloo.'a do legal term by wriner change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser cony make any changes to the Terms, other than legal menu, including additions rd or deletions from the or: ones originally ordered in the spaifcations or drawings, by verbal or wrinen 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 Purchaser may at any time by written change order, terromte this agreement as to any or all portions of the goad then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided mat the Pumbaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good andror work, far incidental or romequentud damages. and thm no such adjustment be made in favor of me Seller with respect to any good which are the Sellers standaN stock. No such to... shall relieve the Pumhaur or the Seller army of their obligations as in any good delivered hereunder. T. CLAIMS FOR ADR)STMENT. Any claim for adjustment must be seamed within thirty (30) days from the date the change or twmiamion is a tiered. I. COMPLIANCE WITH LAW. The Seller warrant pat all goods sold hereunder shall have been produced, sou, delivered and famished in strict compliance with all applicable laws and regulations 0 which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations cal irtrl to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser hand. been all rasa and damages suRered by the Purchua as a rtsoil of Ne Sellers failure in comply with such law. 9. ASSIGNMENT. Neither parry shall assign, bansfe , or convey this under, or my monies due or to become due hereunder without the Pon, women comenr of doe other parry. 10. TITLE. The Sella warrants full, clear and unrestricted title to me Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clew of my and all liens, ournedam reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contactors of any tier form all liability and claims of any nowe resulting wen the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRc mi and employers fsuch parry. The Sellers contractual obligations, including wwmnry, shall not be deemed to he mluced, in any way, became 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, me Seller shall indemnify and save bmmleu the Purchaser from any and all claims for infringement by wain of the use of such patented desig, device, material or process in connection with 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 prosewtion or after the completion of the work. In eau said equipment, or any pan Nereaf or doe marked use of the good, is in such suit held to consfmte infringement and the use of said approval or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchase flue right to continue using said equipment or good, replace the same with substantially amid but nongnfnngmi, 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 credlmrs, appoim a receiver car trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without bubiliry. 16. GOVERNING LAW. The defirdtions ofterms used in the interpretation of the agreement and the rights droll llemies hereunder shall be amtmed under and goremd by the laws ofine State ofColomdo, USA. The following Additional Conditions apply only in causes where the Seller is to perform work hereunder, including roe services of Sellers Represmanve(s), on the premises afothem 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/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 .it equipment art famished by others far, installation or retention by the Seller, the Seller shall receive, unload state and handle same at the site and become on am ible therefor as though such materials andin equipment were beingBanished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own ceramic, provide for the payment of workers exampeareartion, including mcupation d disease benefits, to its employees employed an or in connection with the work covered by this purchase, order, andrm to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to ma rectml and automobile public liability insurance with bodily injury and drum limits of rat lent $300,000 for any one person, $500,two for any one accident and progeny damage limit per accident of $400,000. 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 premises or what, the Seller shall f ish the Purchaser with a centurion, that such compensation and insurance have ban provided Such certificates shall specify the date when such compensation art insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compauation and insurance shall be rmintaimred unEl after the entire work is completed and accepted. 19. PROTECf10N AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Ne entire responsibility and liability for any and all damage, loss or injury army kind mire whatsoever to persons or property caused by or resulting from me exemnon of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers .hirers, agents and employers from and against any and all claims, lasso, dramatics, charges or expert whether direct or indirect, and whether to pen 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 Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall her brought against the Purchaser, or its officers, agents in employees at my time on account or by reason of my Oct. action, neglect, omission or default of the Seller of my of his contactors or my of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to mat the defame Hereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, aromcyn fees and other expenses, any and ell judgments flat may be maned by or obenned against the purchaser or my of its or their oMo., agents or employees in such suits or other proceedings, and in race, judgment or other lien be placed upon or command against the pmpary of the Purchaser, or said parties in or es a result of such suits or other proceedings, the Seller will at once cane the same to be dissolved and dischoMd by giving band or othemiu. The Seller and his contractors shall take all safety precautions, famish and install all guard 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 Actor 1970 and all miss and regulation issued pursuant thereto. Revised 03CO10