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HomeMy WebLinkAbout132158 CTL THOMPSON INC - PURCHASE ORDER - 9135629Fort Collins Date: 07/17/2014 Vendor: 132158 CTL/THOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 9135629 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10114/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order 1 Senior Center 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 1 LOT EA 6,280.00 Total Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sire and local wsea Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifcam of Registry 84-6000587 is is exteml with the Colldemr of Internal Revenue, Demo, Colorado (Ref. Colorado Revised SNmtes I W3, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to deans of damage is brow t, may be reamed to ywu for credit and are not to be replaced except man receipt of w ouen insM1uctions fmm the City of Fon Collins. Inspection. GOODS are subject o the City of Fad Collins inspection on cravat. Final Acceptance. Receipt of we me¢handise, server, or equipment in «spouse to this order can result in conferred payment on the pan of the City of Fort Collins. However, it is to Id, understood that FINAL ACCEPTANCE u dependent upon completion i f all applicable rryulred inspection Particulates, Freight Iemes, Shipments must he F.O.D., City of Fon Collins, 20o Wood St, Too Collins, CO 80522, unless otherwise specitied oa this code,. Ifpernsission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Adduinual charges for Parking will not he accepted. Shipment Distance Ugtere manufacturers have distributing points in various pads of the coualry, shipment is expected fmm the neatest dio nbution Point to deduction, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits Seller shall procure at sellers sole cost all neecsmry permis, ceni0cates and licenses enquired by all applicable laws, regulations, ad crisis and rules wine sane, municipdi,, armory or political subdivision n wheal the work is Performed, or required by any other duly mnsoi urns public authority havimparradiction over the work of veuar. Seller further agrees N hold the City of Fort Collins ham0es from and against all liability and loss incurred by them by reason of an riveted or esmblhhed violation of any such laws, regulations, cofounder, calls and card iremens. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and onion, tmthority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and emotions sorted heel. sal Both and any Sapp rmaromry or udilmoal reams and conditions annexed hereto or incomorated herein by reference. Any additional or different comas and conditions proposed by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryou cannot make complete shipment to smile on your promised delivery it.,, in noted Time is fifth, essence. Delivery and perfomamce must be a@eted within the time stated on the Purchase order and the documents allncbu hereto. No aces of the Pumbasen including, without limitation, acceptance of partial lure deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m other le gal and equitable remedies, the option ofplacing this older ka,alu, and holding the Seller liable for damages. Howevey the Seller shall not her liable f damages as a result of delays due to cauNs not reamnably foreseeable which are beyond its reasonable corral and without its fault ofnegligmce, such acts of God, acts ofcivil or military sutbontig govemmened priorities, Gres, strikes, Rood, epidemics, wars or not, 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 thermf In the event of any such delay, the date of delivery shall be extended for the flood equal to the time cereal ly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gaol, articles, aatemo s and work covered by this oo[r will conform with applicable drawings, spmroutines, samples ankor, other ft,mpfiew given, will he to far the purposes inteued, and performed with the highest degree of mare and competence in accordance with accepted swdard for work of a similar nature. The Seller agree to hold the purchaser harmless fmm any loss, damage or caper, which the Purchaser may suffer or incur on account of the Sellers breach of normally. The Seller shall replace, repair or make good, without cast to the purchase,. any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of recepoance o'the goods furnished hereunder (aceepunce not to be unreasonably delayed), resulting from imperfect on defective work done or materials famished by the Seller. Acceptance or use of grads by Life Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided ab this purchase order, the Sellers inability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gram uses, but such liabiliry shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. T CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by women change alder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change to the slow, other than legal terms, including additions ton delniou from the quantities originally ordered In the sped hmtionm or drawings, by verbal or women change order. If any such vintage dforn 0e amount due or the time ofperfe omuim unee hereunder, an eqhle adjustment shall be made. 6. TERMINATIONS. The Purchaser may 1 my rime by wrinen change oWe'. terminate Nis agreement n, many or AI Wniore of the goods then rot shipped, subject to any equitable adjusment between the parties as to any work or materials risen in prom ems provided out the Purchaser shall nor be liable for any claims for anticipated grofis on the uncompleted podim ofthe goods and/or work, for incidental or consequential damages, ail that no such adjustment be made in favor ofthe Seller with respect to any goods which ere Ne Sellers standard stock. No such temdnmion shall relieve the Purchaser or the Seller ofany el their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment muss be assured within thirty (30) days fmm the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and f mishcl is strict compliance with all applicable laws and regulations in whi,b the goads arc 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 mcomomted in agreements of this character are hereby incoryomled herein by this reference. The Seller agrees N iuerrmify and hold the Purchaser Families fiver all doss au damages suffered by the Purchaser as a result of the Sellers failure m comply with such it 9. ASSIGNMENr. Neither play shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warmers Bill, Oral oldumcstricred lide to the Purchaser for all ryuipmm', rurmals, auioms f ishu in perfomware of this agreement, free and clear of my and all liens, rntnclioas. re lost ons, mmut interest mcumbrarmccs rrd claims of others. 11. NONWAIVER. I ailure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or drink to exervise any lights or remedies provided herein or by Ww, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder an approval ofthe deign, shall not relesse the Seller of any of the warranties or obligations of this purchase order and shall cat be deemed a waiver of any right of de purchaser to trivial upon strict performance hefmf or my of its lights or remedies w to any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my pullout oral modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in coed economic pmcoic<, overcharges resulting Goan antitrust violmions are in fact home by the Purchaser. Theremfrm nfor good cataw and as ensidenmmor for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercaaer acquired under federal or mile antitrust laws for such ovemharges relating to the particular good or services poelmsed or acquired by the Purchaser punuantto this Inchasc wall. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defmtive goad by a date Why agreed upon by the Purehaser and tM Seiler and the Seller thereafter indicates its ioubility or unwdiingmss to comply, the Purchaser may cause the walk to her perfomtN by the muss expeditious mcaw mailable Io it, and the Seller shall pay all costs associated with such work. 'I he Seller shall release the Purchaser and its contmemrs of any tier farm all liability and claims of any nature resulting from the pertbrmznce ofsuch work. This release shall apply e'en in the event of fault of negligence of fire parry released and shall extend to the directors, officers and employees ofsuch parry. The Settees contractual obligations, including w'aready, 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 shall indemnify and save Imrmless the Purchaser fmm any au all claims for infringement by reamer of the tam of such patented design, device, mamal or process in correction with the cwntme6 and shall indemnify the Purchaser for any cost, expense or damage which it may u obliged m pay by reason of such inl'ringemeaa at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use or he goods, is in such suit held m coaslimte infringement and the use of slid equipment or pad 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 subetanOdly equal but noninfonging equipment. or modify it se it becomes noninGmging. 15. INSOLVENCY. If the Seller shall become insolvent or badmpt, make an assignment for the benefit of creditors, appoint a receiver r trustee for any of the Sellers property or business, this order may forthwith be canceled by the Producer without liability. 16. GOVERNING LAW. The dcfirmioas ofit. used or the intemreutoa of me agreement and the rights of all patios hereunder shall be consisted under and governed by the laws fthe State afC.Imads, USA. The following Additional Conditions apply only in cases where the Seller is b peffoam work hereunder, including the service of Sellers Represenmlivend, on the premises of others. IT SELLERS RESPONSIBILITY. The Seller shall tarry on said work at Sellers own risk omit the same is fully completed and accepted, and shall, in cam of my accident, destruction or injury to the work au/or meteriak before Selleds final completion and areepmoce, considers, the work at Seller's own expense and to the satisfaction of the Purchaser. When matmds and dquipment are famished by others for moratorium or erection by the Seller, the Seller shall receive, unload, sire and handle same at the site and become respornsible therefor as trough such columids aor equipment were being fmished by be 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 covered by this purchase order, and/or to their defrauders in accomlame with the laws of the state in which the wok is w be done. The Seller shall also carry comprehensive gmeml liability including, but not limited to. contrcoal and automobile public liability insurance with mainly injury and death limits of at lent 53W,0an far any one person, SSa0.00o or any naeeideat and property m daage limit per accident of S400,000. The Seller shall likewise require his controllers, if any, to provide for such compsand insurance Before any of the Sellers or his exonorcmrs employees shall do any work upon the premises of others, the Seller shall furbish the Purchaser with a ceni a ate that such mmpemation and insurance have been provided. Such communes shall specify me dice when such compensation and insurance have been provided. Such cer ificanam shall specify the date when such compensation .it imureac[ experts. lbe Seller agrees that such empensation au insurance shall be maintained until an,, the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability lot any and all charlotte, loss or injury of any kind or nature whaswever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will humanity and held humorless the Purchaser and my or all of the purchasers officers, agents and employees farm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, au whether to persons or Property to which the Furehmer may be pot or subject by reason of any art, action, neglect, omission or default on the part of the Seller, any of his ommerors, or any of the Sellers or contractors officers, agents or employees. In care any suit or other proceedings shall be brought against the Purchaser, or its offcee, 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 contmemrs or any of its or their officers, agents or employees in aforesaid, the Seller hereby agrees to assume the defense herof and to defend the same as the Sellers own expense, to pay any and all coon, charges, attorneys fees au label expanses, my adi all judgmms that may be incurred by or obtained against the Purchaser or my of is or their officers, agents or employees in such suits or other proceddinge, and in case judgment or othc lien III, placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharge by giving brad or othervine. The Seller and his contractors shall take all safety precautions, burnish and insult all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety uselail bra without limitation, the Occupational Safety ail Health Act of HHO and all rules sand regulations issued pursuit hearers. Revised 072014