HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9142275 (3)Fort Collins
Date: 12/31/2014
Vendor: 132158
CTL/THOMPSON INC
1971 W 12TH ST
DENVER CO 80204
PURCHASE ORDER
PO Number Page
9142275 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/31/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity uOM Unit Price Extended
Ordered Price
3 CONSTRUCTION SERVICES
Rigden Reservoir -Natural Areas
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
3,341.10
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. COMMERCIALDEfAIM.
Tax animations. By statute the City of Fort Collins is exempt from mate and local sexes. Our Exemption Number is
98-01502. Fadmal Excise Tax Exemption Canificate of Registry 84 6000587 is registerW with the Collector of
haircut Revenue, Denver, Colorado (Ref. Comndn Revised Stm ne, 1973. Chapter 39-26. 114 fie).
Goods Rejected, GOODS REJECTED due to failure 0 meet specifications, either when shipped or due to defects of
damage in fro sit, may be relumed 10 you for credit and am not to be replaced except upon receipt of wriman
instructions form the City of Fan Collins.
Inspection. GOODS One subject o Be City areas Collin inspection on unival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this coda an raWa in
authorized payment on the put of fie City of Fort Collins. Hosveva, it is o be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Too Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where rmnufactucas have distributing points in vanou5 parrs of the country, shipment is
expected from Be nmrat distribution as, to daumtian and excess freight will to do uam from Invoice when
shipments are made from greater distruse.
Parades. Seller shall proem in sellers sole rem all im awry permits, ttnifimta and licenses required by all
applicable laws, regulations, ordinances and cola of fc state, municipality, memory or political subdivision where
the work is performed, or required by my other duly mrsiumed public authority having juddimion over the work
of vendor. Seller fnher agrees to hold the City of Fair Collins harmless from and against all liability and lass
urted by them by reason of an asserted or established violation of any such laws, regulations, mi it mees, roles
and rmuirmarceno.
Authanaation. All ponies to this contract agree for be reprcamedives are, in fact, Isms fide and Possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Coder expressly limits accom. to Be It. and conditioas smred
herein set forth and any supplemmtary a submitted tams and conditions amazed hart. or incorporated hereW by
inference. Any additional or dinerem moss and conditions proposed by it,, are objected m and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be efibmed within the time
stied oa the purchase order read the documents attached httmo. No acts of the Pmmnsers including, without
limitation, acceptance Of punial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damage, ess a result of delays
due to moves not easwnably ficatieuble which are beyond its reasonable control and without its fault ofnegiigerm
such acts of Got, arts of civil or milimry authorities, g.vammcnml Fromm,! s, strikes, (food. apidemia, wars or
riots provided that notice of the conditions coming such delay is given m fe Purchaser within live (5) days of the
time when the Seller first received knowledge quarter. In fe event of my such delay, Be date of delivery shall he
extended for the period equal to fie time actually lost by reason affe delay.
3. WARRANTY.
The Seller wa rants Net all goods, articles, materials and work covered by this order will conform with applicable
drawings, s wrifirunmurs, samples and/or ofer damptions given, will be 0 for Be purposes intended, and
performed with fie highest degree of care and competence in accordance with accepted standards fat work of a
similar One The Seller agmcs to hold fie purchaser harmless fiom may lass, damage or asperse which the
Purchaser may suffer or incur on account of the Sells breach of warmnry. The Sella shall replxa, made or make
good, wifead cost to Be purchaser, my def¢ts or faWs arising within one (1) year or within such longer period of
time as may be prescribed by Law or by the renns ofmy applicable warranty pmvi&,l by the Seller after the date of
acceptance ofthe goad fumishd hismader (accepmnce not to be umuemombly delayed), resulting fmm imperfect
or defective work done or materials famished by the Seller. Acceptance or use of gods by 0te Pmchesa shall von
emmlmte a waiver ofmy claim under this warranty. Except as oferwire provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamaties
or guarm rces, but such liability shall in no event include loss of pmfis 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 arms by wrinm change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the mitre, other than legal terms, including dditiore to or deletions fmm
the must on,.Iiy ordered in fe specifications ter drawings, by verbal or women change order. If on, such
change free. the amount due or the time ofperformmee Narmada, on emiable adjustment shall be made.
6. TERMINATIONS,
The Purchaser may to any time by women change cede, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as 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 of the goods ardor work, for incidental or consequential damages, and that no such adjustment Ise made W
favor of the Seller with respect m my goods which are the Sells standard stock. No such lamination shall relieve
the Pumbaser or me Sella army offeu obligations a o any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he recta ted within fimy (30) days from fe date the change or mmdname. is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wamnts that all good sold hereander shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documms as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this refenxe. The Seller agrees to
indemnify and hold the Purchaser hamlm from all toss and damages suffted by the Purchaser as a result of the
Sellers faifre to comply with such law.
9. ASSIGNMENT.
Neither party shill assign, briefer, or move, this order, or my monies due or to become due hereunda without the
prior women consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fmished
in perinnnaom of this agreement free and clear of any and all liens, restrictices, reservations, mainly interest
encumbrances and claims.(.fors.
11. NON VAIVER.
Failure of the purchaser to insist upon strict perfomanre of the tams and conditions hereof, failure Or delay m
examise any rights or oavdles provided herein or by law, failure to primarily notify the Sella in the event of a
breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sella of
any of the wamnlies Or obligations of this purchase ode, and shall not be deemed a waiver of any right of the
Purchaser to insist upon strip performance hereofor any of its rights or remedies as to my such goods, regardless
of when shipped, received or mceptd, as to any prior or subsequent default hereunder, nor shall any puryoned
and modification or rescission of this purchase order by the Forebear operate u a waiver of any of the moms
Eased,
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcbaBa resulting from anrimst
vmEniam arc in fact borne by the Purchaser. Theretofore, for good class and as consideration for recasting this
purchase order, the Seller hereby reigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws far such everchuges relating to the panic rlm goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Iffe Purchaser directs the Sella to correct nonconforming or defective goodst by a date to be agreed upon by the
Purchaser and the Selleq and the Sella t cionfier indicates its inability or unwillingness to comply, him Purchase
may cause the work 10 be performed by Be, most expeditious morns available to it, and fie Sella shall Pay all
cots associated with such work.
The Sella shall release the Purchaser and its contactors of my tia f WI liability and claims of any nature
resulting fmm the perforeance of -such work.
This release shall apply even in the event of fault of negligence of the parry, releaed and shall extend to fine
directors, affects and employees of such pony.
The Sellers cantmmund obligations, including warranty, shall not be deemed W be reduced, in my way, Eamon
such work is perfarmed or caused a be performed by the Purchaser.
14. PATENTS.
Wlmnever Be Seller is rxluimd to use any design, device, material or process covered by loner, parent, hvdemark
or copyright, the Seller shall indemnify and save haemless fie Purchaser! my and all claims for infringement
by reason of Be use of such pxmated design, device, material or poem in correction with the ... and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rmmn ofsuch
inMngement at any time di mng the prosecution or after the completion of the work, rev case said equipment, or
any pan thereof or the intended use of the sands, u in such it hem to constitute infringement and the rise of
said equipment or pm is enjoined, the Seller shall, at its own expense and ar is option, either procure for the
Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but
mninfnnging equipment, or modify it so it becomes wMfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hmfrupa, make an assignment for the bmefis of creditors, appoint a
or truatee far any of the Sellers Pc army, or husinm. this ode, may f fiddia he conceled by the
PumMser. without liability.
16, GOVERNING LAW.
The definitions of terns used or the interpretation of the agreement and the rights of all ponies hereunder shall be
construed under and governed by the laws affe State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hemmer,
including the services of Sells Representer ive(s), on the premise, clothiers.
17. SELLERS RESPONSIBILITY.
The Seller shall terry on said work at Sellers own risk until fire same h flly completed and accepted, and shall,
in use of my accident destruction or injury to the work maker rmtcnals before Severs final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. when mmenals
and equipment me famished by others for inscifixi ore or erection by 0n Sells, the Seller shall receive, inland,
store and handle some at Be site and became responsible therefor as though such materials mkor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for Be payment of workers compensation, including cempatioml
disease bmefis, to its employees employed on or in correction with the work covered by this purchase order,
andror to their dependents in mcorrfance with fie laws of the state in which the work is to he dam:. The Sella
shall also carry compaehemive general liability including, but Out limited to, contractual and automobile public
liability insuranre with bodily injury red death limits of at least S3W,000 for any coe person, $500,000 for any
one accident ad property damage limit per acndeot of Se00,000. The Seller shall likewise require his
contractors, if any, as provide for such compersation and insurance. Before my of the Sellers or his contmmors
employees shall do any work upon the premises of others. the Sells shall famish the Purchaser with a canificvte
that such compensation and insurance have been provided. Such anificata shall spedry the date when such
compensation and Imurmce have been provided. Such cenificata shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes fie more responsibility and liability for my and all damage, loss or injury ofmy kind
or nature whasceser to persons or pmpary caused by or resulting from the exertion of the work provided for in
this purchase order or in comeutims herewith. The Sella will indemnify and hold harmlm the Purchaser and may
r all of the Purehssers .Ricers, agents and employees firms and against any said all claims. losses, damages,
charges or expenses, whether direct or indirect, and whether in pers.ns or propeny to which the Purchaser may
be put or subject by reaon of any act, action, neutral, omission or default on the pan of the Seller, my of his
contractors, or any of the Sells or contractors oficm, agents or employees. In case any suit or 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 contortions or my of is or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume Be defame thereof and to
defend the same at the Sellers own asperse, to pay my and till carts, charges, anomeys fires and other expenus,
any and all judgment, dust may he incurred by m obtained against the Purchaser or any of its or their -Me—,
agms or employees in such suits or other pmcedings, and in case judgment or other lien be placed upon or
obmirmd against the property of the Purehnstt, or said parties in or as a result of such suits or other proceedings,
the Sella will at once muse the same to be dissolved and dioddr d by giving bond or otherwise. The Sella and
his contractors shall take WI safety pmcaulimas, burnish and install all guard necessary for the prevmlion of
accidents, comply with ell laws and regulations with regal to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant fecom.
Revised 07M14