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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9146068Fort Collins Date: 10/20/2014 Vendor: 132158 CTLITHOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 9146068 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 10/20/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price N. College-Conifer/Willox 1 LOT LS 7,621.58 WO #09-400903950-14 2 N. College-Conifer/Willox WO #09-400903950-14 !fit. P14 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 LS 29, 728.42 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. COMMERCW.DETAIIS. Tax examprions. By statute the City of Fort Collins is exempt from state and local mom. Our Exemption Number is 98-04502. Fednd Excise Tax Exemption Cenifimk of Registry 84-6000582 is registered with the Collector of Inre=[ Romue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Goods Rejec¢d. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in namit, may be reamed to you for credit and are not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, surecires Or equipment in response to this under can result in authodzed paymmt an the pan of the City of Fan Collins. Howeva, it is to he understood that FINAL ACCEPTANCE is depended upon completion i f all applicable aequised inspection procedures. Freight Terms. Shipments must be F.O.D., City of Fort Collins, 70o Wood St., Fort Collins. CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separekly, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance_ Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments are made from greater distance. Permits. Seller sbull procure at sellers sole cost sll necessary permits, certificates and licenses acquired by all applicable laws, regulations, ordinances and tales of the stem, municipality, ministry or political subdivision where the work is Performed, or required by my other duly contributed public authority having jurisdiction over the work of vendor. Sella fuller agrees to hold dm City of Fort Collins harmless fmm and against all liability and loss ncuri by them by reason of an assmeJ or esmblished violation of any such laws, regulations, colossuses, tales .it requirements. Authorization. All patties to this contract agree that her representatives me, in fact, born fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the reams and conditions stated herein set tomb and any supplementary or additional terms and conditions annexed hereto or incorporated heroin by reference. Any additional or different temp and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately Ifyou cannot make complete shipment o arrive on your promised delivery date as acted. Time is of hie essence. Delivery and Performance most be effected within the time stated on the purchase order and the documents anwhed hereto. No acts of the Purchasers including, without limitation, acceptance appanihi late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition ton other legal and equitable remedies, the option ofp1mm, this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages w a result of delays due to causes not reasonably fasesea ile which am beyond its reasonable control and without its Guilt of negligmer, such acts of God, acts ofeivil or military authorities, govemmenal priorities, fires, strikes, Rood, 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 Sella first 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 last by mason of the delay. 3. WARRANTY, The Sella warrants that all goods, articles, marnals and work covered by this order will conform with applicable drawings, specifications, xmplm and/or other descriptions given, will be fit for the proposes intended, and pm -foamed with the highest degree of cart and competence in accordance with accepted landfall, for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the, Purehase may suffer or incur on account of the Sellers breach of warranty. The Seller shill replace, repatriate make good, without cost an the purchaxv any defects or faults arising wihn one (1) year or within such longer period of time na may be prescribed by law or by the terms of any applicable xasranty provided by the Sella after the done of acceptance of Use goods finished hereunder (accepance not to be ummmwbly delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by me Purchases shall not omtime a waiver of any claim under this warranty. Except w otherwise provided in this purchase order, she Sellers liability hereunder shall extend to all damages proximately carried by the breach of any of the foregoing warranties or guamnten, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TER1,45. The Purchaser, may make changes to legal terms by wrirtm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, aher Dan legal terms, including additions to or deletions fmm the quantities originally miaed in the apenfarmis or dmwmgs, by seA.l or O,rinen Ow., nMer. If any such change affects she amount due or the time of paafornance heeunda, an equitable adjustment shall mmade. 6. TERMINATIONS. The Purchaser may at any lime by written change order, terminate this agreement as to any or all portions of the paid then not shipped, subject se any equitable adjustment between the parties M 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 ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goad which are rise Sellers sondard stuck. No such temarequo s shall relieve the Purchaser or the Seller army of their obligatiom as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjasammt most be warted within tone (30) days from se date the change or termination is ondered S. COMPLIANCE WITH LAW. The Seller warnew that all goods sold hereunder shall have been produced, sold, delivered and famished in li ict compliance with all applicable laws and regulations in which the good am subject. The Seller shall execute and deliver such doeumma as may be required to effect or evidence compliance. All laws and regulations required to be inearpomted in agree ants of this diameter are hereby inempormed herein by this reference. The Seller agrees to indemnify and hold the Purchaser Formless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the ,no, sudden mnsana nfhe other party. 10. TITLE. The Sella wemons full, clear surd utuesstri title to the Purehua for all litipmrnl, maerisls, and it. famished in performace of this agreement, free and clear of any and all tiers, restrictions, reservations, security intVat encumbrances and claims of others. I I. NONWAIVER. Failure of on, Pumhaer to insist upon ruin Pa.. of the mma and postal hero(, fallme or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify me Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this Purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, w to any prior or subsequent default herewdm, nor shall any puToned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the corms hereof. IL ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser me.,mtt that in aenW ec is praaim overcharges resulting from wit., violations are in f et home by she Purchaser. Theretofore, for good cause and as mosideramou for executing this purchase oHV, the Sella hemby assigns to the Purchases any and all claims it may now have or hereafter acquired under federal or suite wtitrtat lases for such overcharges relating to the particular goods or aarvwca pm<M1axd or acquired by the Patch. pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or detective goods by a it.,. Ira be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its iwbilily or unwillingness m comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, it the Seller shall pay all costs assouakd with such work. The Seller shall release the Pacheae and ill coarm. of any net from all liability and claims of any notary esultieg from the performance fsuch work. This release shall apply oven in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofmch parry. The Sellers mmrdcu al obligations, including warmvty, shall nod be dcemed b be reduced, in my way, because such work is performed or cooled to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is oequired to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save hornless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection airs the contract, and shall indemnify me Purchaser for any cost, expense or damage which it may be obliged an pay by reason of such infringement at any time during the peculation or after the completion of the work. In sax said VroperVir or any That therm( or the intmded we, of the good, is in such suit held to coma mate infringement and the sex of said equipment or pan is enjoined, the Sella 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 noninGnVag equipmmt, or modify it an it becomes naninfringing. 15. INSOLVENCY. If the Seller shall hacome insolvent or bankrupt, make an assignment for the benefit of creducia, appoint a receiver or austere for any of the Sellers property or business, this order may forthwith be canceled by the Pachasa without liability. 16. GOVERNING LAW. The definnions fle. used or the interpretation of the agreement and Use rights of all pansies hereunder sM1all be <omttued undo and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella u to perform work herewda, including the saavica of S0IVa Reprexnative(s), oar the premises ofothax. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Selle2s own risk until the same is hilly completed and accepted, and shall, in ale of any accident, destruction or injury to the since, sndlor mamdaH before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of she Purchaser. When materials and equipment art famished by others for installation or erection by the Sella, the Seller shall Receive, unload, store and handle same at the site and become responsible therefor t though such materials andor adipmem were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at has own expense, provide for the payment of wo km compensation, including Occupational disease benefits. a its employees employed con or in ..art. with de nook covered by this purchase mdV, similar to their depend.. in accordance with the laws of the suite in which the work is to be dote. The Sella shall also tarty comprehamiee gemral liability including. but not limited W. common unit automobile public liability insurance wish Oodily injury and seas limits of at least 5300.0stn on eery one person, Sim," for any one cci lent and property damage limit per accident of S400,000. The Sella shall likewise acquire has contractions, if any, to provide for such cammucation and insurance Before my of the Sellers or his contractors employees sbdl do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date whm such compewous, and insurance expires. The Seller agrees that such compensation and insurance shall be mainlined until after the entire work is completed and Steeped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the emit respomibiliry and liability for any and all damage, loss or injury army kind r more whatscevyr to platinum or pmpmy caused by or resulting from the execution of the work provided for in this purchase orda or in connection herewith. The Seller will indemnify and hold harmless the Purchuer nor any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to parsat or properly to which Oe purchase, may be pat or subject by reason of any act, actions, metal, omission or default on the perm of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit err other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any turns or their oRcers, agents or employees as oforessid, the Sella hereby agrees to assume the defense thereof end to defend the same at the Sellers own expersc, to pay any and all calls, chmges, atiomeys fees and other expenses, any and all judgments that may be incurred by or oboined against the Purchaser or any of its or their olticm, agents or employees in such suits err other proceedings, and in rase judgment or other lien be placed upon or oblined against the propMy of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once max the more to be dissolved and discharged by giving bond or otherwise. The Sella and his ..a.m. shall take all .(cry poessurions, furnish and install all guards necessary for the pa Vitim of accidents, comply with all laws and regulations aids regard to safety including, but asithout limitation, the Occupational Safety and Hmlth An of 1970 and all tales and regulations issued pursuant thereto. Revised 022014