HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9103836Fort Collins
PURCHASE ORDER
Date: 07/22/2010
Vendor: 132158
CTL/THOMPSON INC
351 LINDEN ST #140
FORT COLLINS Colorado 80524
PO Number Page
9103836 1012
is number must appear
on all Invokes, packing
II sand labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS Colorado 80521
Delivery Date: 07/21/2010 Buyer: JOHN STEPHEN
Note:
Quantity exutneea
Line Description Ordered Will! Price Price
Harnnony Bridge Rplcmt.
Work Order CTL-400902102-1 A 0
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wrn
1 LOT LS
5,992.50
691
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
9=77100 1743107 rrT. K117,T t„
1. COMMERCIAL DETAILS.
Tex exempfims By smNk the City ofFod m arts, and Collins is exempt from laid Was Om Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificas, of Registry 84-60 0587 is registerd with the Collector of
Internet Revenue, Denim, Colorado (Ref. Colorado RevisN Sautes 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to Poilme to mad specifications, Nita when shipped or due to defect of
tm damage in uet may a ra ned to you fro aedltnd ea ere not to replaced except upon receipt of written
instructions from me City of Fort Collins.
Inspcfion. GOODS arc subject to me City of Fort Collin inspection. amval.
Page 2 of 2
11. NONWANER.
Failure of me Purchaser to insist upon strict Perfamance ache s,ms and cwdidoos hamE Nilwe in delay to
exercise MY rights in recedes provided heron m by law, feilue m promptly notify the Seller in the event of a
breach, me we"noce efor pymmt be, goods hammdara approval arms design,shall nil relay the Seller of
I, of the co mnfiea or Obligations of this purchase oma and 6.11111 be deal a waiver of cry right of me
parehaer to insist upon stria pert nice hereofa ay ofits don; or ammdis as m my such goods, regudla
of whm shipped, received or accepted, an to ay India No subsequent default hamnda, was shall my per anal
oral modification or remiseew of this purchase Omer by me Purchaser operate as a waiver of any of the toms
hereof
Find Acceptance. Receipt of me merchmdig, services or equipment in response m this Omer can result in
amhonved payment on me put of the City of Fort Collins. However, it is to a undaatond that FINAL
12, ASSIGNMENT OF ANTITRUST CLAIMS,
Sella and the PerAwaef nastiness Met in actual economicovercharges from
ACCEPTANCE is dependent upon completion ofall applicable inquired inspection procedures,
'Notice, resulting antitrust
viOledoes are in feet bocce by me Purchasef. Thadofm, fro good came sand a consideration for executing cis
Freight Tam¢. Shipments
gh 'manta rmst be F.O.B., City of Fort Collins, TOD Wood St. Fond Collins, CO 80522, amss
otherwise m ven m arge s,acified this Omer. If pemiuiw is gem prWy freight and chsryentely, the original freight
Purchase Omer, me Sella herby sgigns to the purchier any and all claims it may now have or hereafter
malmom under federal or ands, antitrust laws for such overcharge¢ relating m the pwhalm goods a services
be pray invoice. Additional charges fro parking will and be accepted.
pumheam ed acquired by the Purcser hapuraumtm AN poods. Omer,
Shipment Disrme. Where mowflu isms have distributing point in vMr. park of me ago,, shipment is
expected horn the nearest dktrlation pint to dadration, end excess freight will No deducted from Invoice when
shipments ere made from greater distance.
Pernik. Sells shall Procure at calla sole cost ell necesery'emir, cenihmks end 11. required by all
applicable laws, regulations, arm ... as sad roles of me ante, municilmlery, tormul or political subdivision where
the work is permuted, or required by any Omer duly command public authority hiving junsdection over the work
Of vmda. Seller further agrees to hold me City of Fort Collins hamla from and ageing all liability end low
incurred by men by rear. of...ad or established violadan of MY such laws, remrdok ad .... as, calm
and requirements.
Authomemon. All parties to, this cantrad agree that me MmIgnafives art, in felt bona fide and pomen full and
complete authority m bind said parfies.
LAfITATION OF TERMS. This Fachrie Omer expressly limits acceptance m me terms and conditions stated
herein set Rath end any mppkm or sddisiopl kmu end conditions ansed harem or marinading here. by
reference. Any additional Or diHemot terms and conditions proposed by alla we objected in and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you smO make complete Airman to arrive on Your
promised delivery date as tided. Time is after essence. Delivery and perfonnaxe mesa he d1band within me Hme
grind o t me Purchase Omer and to d manors, a uchad mean, NO ma of me Purchasers including, without
limitafion, ...".Is fixing lace delive im. Asti o orge ea a weever ofthu provision. In du event dairy delay,
the Puchaser shall have, in addition to other legal and equable remedies, (nonlinear ofplaing aria order eluwher
and holding me Seller liable fa manages. However, the Seller shall not be liable fro damages us a mull ofdelayx
due to rums ram mwomaldy Foreseeable which are blood it Womble c.mel and wemeut e%mull ofinegligence,
such car of Gad, sock Ofcied or miliury amhontis, govamrntal prionfies, fires, strikes. Bead epidemics, won a
noes provided that notice of me conditions causing such delay is given in me purchaser within five (5) days ofthe
time whom the Sella fiat received knowledge thereof. In me event of wry such delay, the date of delivery mall be
extended for me Period equal to the time mmully log by reason ofine delay.
3. WARRANTY.
The Sells —Its that all goods, a rd"es, maems end wok cooped by this oma will cent with applicable
dreantiv. apscificA.. wimples arm/a oma do mriptions given well be fit fins the ptvpors emended. and
perfumed with the highest degree of cure and mmpsence en mcaecona with accepted erendatds fa wads of a
similar nit. The Seller agrees to hold me Pucaeer humbles, from any, low, damage a aWass, which me
Purcham cry ruffir aincur.mcmnt of the Sella breech ORwsaanry. The Sells shall MI., pan mmake
Sued. without cog re me pomaeer, cry defies or calk easing within oe (1) year or within such longer period of
time as may be eascribed by law or by the toms of any applicable wemnry provided by me Seller after the date of
acceptance of the goods furnished hereunder (acre owee not 0 be umgonably delayed), moulting from imperfect
I dafective work done Or memiele famished by to Sella. Acceptance or Me of goods by me Purehaa shell ram
constiNs, a wale. of any claim under this wernnry. Excels a omersvim provided in this pmhwe New, me Sella
liability hereunder shall extend m ell damages proximately caved by the breanb of any Of me foregoing wamndes
or promises, but such liability shall in no event emlutle Iw Ofprefind or low of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal terms by vermin change Omer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any champs tO the car., other than legal tams, including allitioa m or deldions from
me quanfifies originally omered in me specifications or drewengs, by verbal a written change oma. If any mch
Amp sRea the amount due Orthe time ofpcifamace hereunder, an enable w1just nent shell be made.
6, TERMINATIONS.
The fachaer may at my time by written change Omer, taminste this agreemrn, as to any or all patims of the
goads men ram shipped, mbjm to any emindr a adisummt between me purees a to any work a maenads then in
pmgrew Provided that me Purchaser shell ram be liable fro my claims fro anticipated pmfir on to umompleted
portion ofthe good and/or work, far incedantal err conemuendal damages, and then no mch sAusmem a made in
Favor of me Sella with respect to arty goods which ere me Sellem asndad snick. No wish rt mfiew shell relieve
the Pumhwer or the Sella of any oftheh obligations an to cry goods delivered hereunda.
T. CLAIMS FOR ADJUSTMENT.
Any claim her winstmrnt mutt be ewersed within merry (30) days from he dare the change a narrowing 0
omered.
8. COMPLIANCE WITH LAW.
The Seller .1, that all good sold haada shall have been prodaced, sold delivered and fimuhed to emet
canpliame with all applicable laws end nallafi.s te, which to 1.6 ere subject The Sella shall exeeum and
deliver men dearth nt an in, he Nx,M,m to eRem or evidence comiggre . All laws um regulations required m a
incorporated in agreements of this chsexam are hereby incorporated herein by mix reference¢. The Seller egmos to
indemnify AM hold the Imcha er harmlea from ell car and damages motored by me Purcheam on a remit of the
Sellers failure to comply with Inch New.
9. ASSIGNMENT.
Neither poly shell agip, transfer, a convey this omit a any monies due or to barons due h mennder without me
prior wroom consent ofine other party.
10. TITLE,
The Seller wasents full, clevand umatreaed fide to the purchaser f All equipment mntefeals, and items famished
in pedfOmance of this agreement free end clear of my and all liens, rsMcNons, mairea ens, security interest
enmmbomes and claims yothas.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe French. di. me Seller m cored non.nfoming or defmivegondu by a date to be agreed upon by the
Purchaser and the Sells, and me Seller mammy indis4e its inability a unwillingness to comply, me Pubma er
MY muse me work or be pMe w by me most expeditious miens available m it, and me Sella shall pry ell
cosh associated wins such work.
The Seller shall release me Purchesen and is, continuum, of any fie, from Al liability and claims of any naure
resulting from me adfommce of such wok.
This -I— mall apply even in me event of fault of negligence of the parry mleaed end shall extend to the
directors, offiws and employees of men party.
The Sellefs camnusl obligations, including wamnry, shall IN be dcemed to be reduced, in any way, hamw
Inch work is prfamed a caused to be perfmmW by the Purchaer.
14. PATENTS.
Whenever the Sella is rammed to vac any design, device, material mprows covered by liner, Patent, gademads
a copyright, me Sella shall indemnify sand give harmless the Purchaser from any and all claims fro imingemmt
by rem. of the use of such patmred design, device, mateaal a process in commed. with the cmnsU, and
shall indemnify me Pumhgi for, any and, expenm or damage which it may be obliged m pay by reason of such
inhingemmt at cry done daring me Prosmnte. a after the compkfiew Of the wok. In nix said equipment, a
My part thereof or the intended use of is goads is in such met held to .ns a inhingaont and me use of
Nid equipment or pm is enjoined, the Sella sall, It its own expense and at its option, either procure for the
Porch ow the right m continue vain' acid equipment a pros, reprce the ware with mbanmielly equal bon
nownfft,ing lcipment or modify h an it becomes n.enMnging.
15.INSOLVENCY.
If the Seller shall become insolvent or benlwph nuke IN assignment fee the benefit of mWetms, appoint a
receiva or mention for any of the Sellers property or busing, this Omer may forthwith be cameled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftems used or me ens,ryedafion ofine agreement and the fight of all parties hermnder Ball be
censmnd under and governed by me laws Ofine Srs, ofColondo, USA.
The following Addefionel Conditions apply only in roes where me Seller is to pertain wok hereunder,
including the grvicea mSella Repre groadvas), on me premim ofothm.
17. SELLERS RESPONSIBILITY.
The Seller shall may on aid wok a Sella, own desk until the same is fully completed and sceepkd aver shall,
to mac of ary accident, dstraw ion a injury to me wok and/or matenala before Sellin" final completirin and
mceptaneI complek me wok It Seller's own expense and to Is satisfaction of me PurchMg.. When materials
store pea handle same at theby Others fee installation m exameas ssite and become responsible therefor byme
thoukill
gh sadi armanidshall
and/m e, unload;
wens being PormAim by me Sella unda the order quipmen
18. INSURANCE.
The Sella shell, at his own expense, proved, fin me payment of woken compmmfion, including occuptional
disease bendts, to its employees employed on m in eougget o t with %e wok oveand by this purchase India,
and/or to thou dryendears in acemdence whit me laws ofine .,to in which the wok u to he d.e. The Seller
sill aim carry comprehensive gaeol liability including, but ram limited ro, camgdwl and automobile public
I
iability inmrace with bodily injury end mom limits of at lean $300,000 fa ay apt person, 550a,000 fin any
me mchiwu and property damage limit pr incident of S400,000. The Sella shell likewise require has
contrmm, of tiny, W pmvede for such canpensafi. and inumance. before my ofine Sellers a has co mac m
employees shell do any wok upon the psemiw of omen, the Sells shall fumesh me Purcaser with a ceNficase
that mch ampersand" and in'- have been Provided. Such cedifica al shall specify the tine when such
ompmgtion ..it instance have been Provided Such semfims,s shall specify the date when mch compngti.
and insurance expires. The Seller agrees that such compenafion and insurance shell he maintained unfit after me
entire wok is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility said liability for any and All damage, loss Or injury ofmy kind
or nature whatsoever to pang or wipm,,ca.nd by a resulting from the exeonmm ofine wok pmveded fro in
this purchase Omer or in connection hemvd. The Seller well indemnify and hold hemlines are Pmhaa and say
m all of the Promana¢ ofims, Agents and employes from end aping cry and all claims, loges, damages,
charges or expense¢, whether direct a indireR end whether to, paom of property W which the Fmhaer, may
be It a subject by reasent of any IN, edian, neglect omiming a defml, on the pm of the Sella, any of his
cubtacrs, or my of the Sellen . contractors ohicew, WOO a empbyee. In cam aay met or odter
Proceedings shell be brought againa the PmAwm, or it officers, Warts or employee ad eery fine tan mcount a
by reason of any nit, $am, neglect omission or default of the Seller of any of his c.timtem or any of e% a
their oficea, Agent or employes a afoaaaed the Seller herby Agrees to asume the defenm thereof and to
dafend the same at the Sam own expense, to pay any and all cosh, charges, mouse,, as aver Omer expgea,
my apt All judgmeres that may he memand by in obtained Ageing me Prochana a say of a m their of ices,
agent a omployw in such suit or Otis pmceMings, and in case judgment or other lien a placed upon or
obtainedAgaenet me pmperry, ofdw PureM1aa, m said ponies in or a area' of such .its or Oita paws sup.
me Seller will At once cause the tame to be dissolved and discharged by giving bad or Otherwise. The Seller and
his communes shell once All of e, premudoa, fismah and haft, all guards naegnry for me prevmfa of
accidea, comely with all laws and Mailstioas wins repro Or afety encludimg, had without limlrtim the
Occupational Safety and Health Act of 1970 and All rules andreculati.A awned m,..,,.n.,h....r..
Revised 03R010