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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9150576City of �.Fo_rt Collins Date: 01/23/2015 Vendor: 132158 CTL/THOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 9150576 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: 01/23/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Arthur Ditch -Canyon WO #Canyon TAD 1.15 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 For( 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 7,670.00 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 Fort Collins is exempt from sate and local mxev Our Exemption Number is 11. NONWAIVER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collator of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado BUT Colorado Revised Statutes 1973, Chaptor 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure W promptly notify be Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of@e design, shall not release the Seller of Goods Rejected. GOODS REJECTED doe to failure W men specifications, either when shipped or due to threats of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage to transit, may be returned to you for credit and are not to be replaced except upon receipt of wdnen purchaser to insist upon sttlm performance hereofe, any of its rights or rem dies as W any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, w to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the corms Inspection GOODS are sCbjll In be City of Fott Collins inspection on arrival. hereof. Final Acceptance_ Receipt of the merchandise, services or equipment in response 1. this sult this nee, an rein 12. ASSIGNMENT OF ANTITRUST CLAIMS amborixed paymmt on the pas of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser promim that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures_ violations are in fact home by the Purchaser. Theretofore, for good came and as consideration far executing this purchase meet, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Pont Collins, 900 Wood St., Fort Collins, CO 50522, unless acquired under fderal or crate antiwst laws for such overcha,ges relating to the particular goods Or aervkes otherwise specified on this oecr. Wpemrissim is given to prepay freight and charge sopprobb, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. various parts the country,voice Shipment Distance, Where manufacturers have disation, Purchaserdirectsthe Seller mcornernoneondicategor debilitygoods byadone m beagreed upon bysec wtis and excess de expected from the paint b destination, used excess freight will be deducted from Invoice when Purchaser and the Seller, end the thereaflor indicates its inability unwillingness to enmpty. the Purchaser Purchaser weer dicta shipments are made from gremu distance. from ,r nay cause the work to be performed by the most expeditious mevrs avalloble to if, and the Seller shall pay all med costs associated with such work. Permits. Seller shall procure sellers sole cast all necessary permits, certificates and licenses requited by all laws, regulations, rd and pules of the sae, municipality, territory or political son tit whore The Seiler shall release the Purchase andwo its commemrs of any tier from all liability end claims of any nature the workapplicablei act the work . performed, required by any other duly public authority over sired by g ai nsdi lie over the work resulting from the performance of such work. Tom Conlin and all vendor. Seller further agrees to hold the City of Fort Collins harmless from and against nil liability and loss r incurred them by reason of an asserted or established violation of any such Taws, regulations, ordinances, roles in This shall apply even in the ahem of fault of negligence of the patty released and shall extend W the and requirements, re directors, officers and employees of such patty. ors, Amhodamion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed W be reduced, in any way, because omplete authority m bind said parties. such work is performed or caused to is, performed by the Purchaser. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to be terms and Confirms stated I erein set forth said any vapplememary or 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 r jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately If you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the eserce. Delivery and performance most be effected 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 Nis provision. in the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Howeve , the Seller shall not be liable for damages ar a result of delays due In causes not reasonably foreseeable which are beyond its reasonable control and without its Chair of negligence, such acts of God, acts of civil or military authorities, governmental Pont fires, strikes, Rod, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the fire when the Salle, first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal W the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar occurs. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time is may be po,"I N by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he umcasmnably delayed), retching from gmperect or defective work done or materials f rmished by the Seller. Acceptance or use of goods by the Purchaser shall or omyouts 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 caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprifits or loss of use. NO IMPLIED WARRANTY - OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions m or deletiam from the ....lines originally ordered ism rM1e specifientom or drawings, by verbal or wnnen change order If any such change aRects the amount due or the time ofperfonnanc, hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may st any time by written change order, terminate this agreement as W any or all pormins of the goods then not shipped, subject to any equitable adjustment between be parties as to any work or materials then in progress provided that the Purchaser stall not be liable for any claims for anticipated profits on the uncompleted portion cribs goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goads which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as many goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Gam the date the change or termimtion is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all gaols sold hereunder shall have been produced, sold, delivered and famishd in snow, compliance with all applicable laws and rcgulatiom to which the goods are subject The Seller shall execute and deliver such documents ere may be required to mTector evidence compliance. All laws and populations required to be incorporated in agreements of this character are hereby incmporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Gom all costs and damages suffered by the Purchaser as a result of the Sellers failure re 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 Prior written Coremt of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items brushed in performance of this agreement, free and clear of any and all liars, restrictions, eeeervmions, scounry interest encumbrances and claims ofinhow, 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 harmless the Purchaser from any end all claims for infringement by reason of the use of such paomted design, 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 of such infringement at any time during the prosecution or a0,, be completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit 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 rM1e Purchaser the right W continue using said equipment or parts, replace the same with substantially equal but no=fdnging equipment, or modify it so it becomes worshipping. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a neciver or probe for any of the Sellers property or business, this order may forthwith be canceled by the Pohazner without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the nghn of all parties hereunder shall be conserved under and governed by the laws afthC State of Colombo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work heunder, including the services of Sellers Representative(s), on the premises ofodam. IT SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the same is fully completed and weeptd, and shall, in se of any accident, destruction or injury W be work and/or materials before Seller's final completion and acceptance, complete be work at Seller's own expense and W the satisfaction of be Purehasu. When materials and equipment arc famished by others for installment or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller will the ream I& 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 parcbase order, a al 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 g rood liability including, but not limited to, conbacbul and automobile public liability insurance with bodily injury and death limits afar leant Strontium for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, W provide for such Compensation and insurance. Before any of the Sellers or his Contractors employees shall do any work upon the premises of others, be Seller sM1all famish the Purchasorwith a ttnificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and unsurance expires. The Seller agrees that such compensation and'...omnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entice responsibility and liability for any and sll damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in cormeUlon herewith The Seller will indemnify and hold brainless the Purchaser and any cr all of the Purchasers olRcers, agents and employees from and agairst any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, negleU, omission or default on the pan of the Seiler, any of his coniredors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, artion, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as afureuid, be Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or order lien be placed upon or obtained against the property of the 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 otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Croupatiotul Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised O70014