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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9150413City of F„ 6rt Collins Date: 01/16/2015 Vendor: 132158 CTL/THOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 9150413 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: 01/15/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price E.Lincoln/S.Lemay Imprvmts 1 LOT LS 7,500.00 WO #LincLemay TAD 1.15 2 Lemay Dbl. Turn Lanes 1 LOT LS 3,300.00 3 Pedestrian Planning/ADA Imp 1 LOT LS 360.00 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 Total Pay terms net 30 days Invoice Address: ioir:IrxrIil 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 Eon Collins is exempt from state and local tuxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Internal Revenue, Card, Colorado (Ref. Colorado Revised Statvta 1923, Clmpter 39-26, 114 (a). Goods Rejemed. GOODS REJECTED due to failure in m«t specification, either when shipped or due to defers of damage in uamit, may be reamed] an you for credit and art rot to be replaced except upon receipt of women instructions from the City of Fan Collins. Inspection GOODS are anbjwt to the City of Fon Collins inspection oa arrival. Filed Acceptance. Receipt of the merchandise, services r equipment in mandate to His older can fault in authorized payment oa the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required impection procedures. Freight Terms. Shipments most be F.O.B., City of Fan Collins, TUO Wood St., Fall Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must amomwnv invoice. Additional chases for waskln , 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 ddumed form Invoice when shipments sere made from greeter do.. Permits. Seller shall procure at sellers sole cost all necessary permits, anifcmd and Iicema acquired by all applicable laws, regulations, oNivnca and rules of the state, municipality, banner, or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurnefledon over the work of vendor. Seller Posher agree m hold the City of Too Collins handless from and against all liability and loss ed by them by reaon of an warned or established violation of any such laws, regulations, ordinances, roles incurred ndrrequirements. Authorisation. All parties to this contract agree Oat the representatives are, in fact, farm fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Other expressly limits acceptance to the terms and considers stated herein set forth and any supplementary or additional terns and conditions annexed hereto art incorporated herein by reference. Any additional or diferenucrms and conditions proposed by seller are objected to and hereby rej«md. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the emare. Delivery and pawandam met be eRttred within flue, time stated on the purchase older and the document, msolied hereto. No ants or the Pmchmers including, without Ilmladon, acceptance ofpmial late deliverid, shall operate as a waiver ofthis provincial In the event of any delay, fire Purchaser shall have, in addition to other legal red equitable mmedid, the option of placing this oMer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fur damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, arc¢ of civil or military whornice, gwarma nal priorities, fires, strikes, rood, epidemics, wars or rims provided sot nonce of the conditions mmlag such decoy is given m the Purchaser within eve (5) drys of the Fair when the Sella first received knowledge thereof. In the event of any such delay, the derfr of delivery shall be extended for the period coual to the time a milly lost by rtmon of the delay. 3. WARRANTY. The Seller warrants that all goods, article, materials and work covered by this order will conform with applicable drawings, specifications, samples order other descriptions given, will be fit for the purposes moment, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'milar mere. The Seller agrees to hold the parchoser harmless fr. any loss, damage or expense which the Purolator may suR err incur on account offlu, Sellers breach ofwammty. The Sella shall replace, repair or make goad, without curt to the purchaser, any defects or faults arising within one (1) mar or within such longer period of lime as may be prescribed by law or by the lams orally applicable watranry provided by the Seller after fie date of acceptance of the goods Famished hereunder (acceptance not to he unreasonably delayed), resulting from imperial or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Perfume shall not consulate 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 proximamly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no dom include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The rumbler may more changes to legal isms by wdncn change older. 5. CHANGES IN COMMERCIAL T ERMS. The Purchmenay make nay chan,es,, the terns, other than legal temw, including additions hi or deletion form the qualities originally ordered in the ipecificands or drawings, by verbal or written change order. If any such change aged, the amount due or the time ofpawmana had der, an equiable adjustment shall be made. &TERMINATIONS. The Purchmer may at any time by written change order, termimme this Bream ed m to any or all portion of the ,rods then not shipped, subject hi any equitable adjustment between the panics as ro any wok or mmerials 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 foulard or comce,ammial damages, and tam no such w1justment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchmer or the Seller ormy of their obligations m to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mass be ..it within thim, UKH days from the date the change or teminmtion is Mudd. I. COMPLIANCE WITH LAW. The Seller warrants Nat ell goods sold hereunder, shall have bent produced, sold, delivered and famished in strict compliance with all applicable law,, and regulations m which the goods are subject. The Sella shall execute and deliver such documents as may be acquired to effect or evidence compliance. All laws and regttlefiors featured to be incorporated in agreement of this character are hereby incorporated beret by this reference. The Seller agrees to iMemnify and hold the Purchmer harmless flow all cats and damages tar@red by the Purchaser as st .It of are Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnsfea or convey this order, or any monies due or to become due heremder without the prior wrinen coment othee offer pray. 10. TITLE. The Seller warrants Fill, clear and wareafricted fitle f me Purchmer for all equipment, arkmaah, and harm famished in performance of this agreement, face and clew of any and .II Few, resuictians, mxwwwons, security interest cadmium. ad claims ofothers. I L NON WAIVER. Failure of the Purchaser to imist upon strict performance of the tams and conditions hereof, failure or delay to exercise my rights or remedies provided herein d by law, failure to promptly notify the Seller in the event of a breach, the. -,tamer of or payment far goods hereunder or approval ofear design, shall tat release the Seller of my of the wamnties or obligations of this purchase oMer and shall not be dtcmed a waiver of any right of the purchaser to want upon strict performance hadvor any of its lights or remedies as to any such goods, regardless of when shipped, received of accepted, e5 to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reamer the in actual economic practice, washme greselling from mlitmut violations are in fact borne by the Purchmer. TMn rofors fagoad cause and as considerate. for executing this purchase older, the Sella bertby assigns to the Purchmer any and all claims it trey now have or hereafter acquired wilder federal or tam antitrust lams for such overcharge relating m the particular goods or services purchased or acquired by the Pardoner pursuant in this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchmer dimm the Seller to comet nonconforming or defective goods by a date to be agreed upon by the Pardenew and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may ruse the work to be pert ed by the most expeditious means mailable to it, art] the Seller shall pay all cost associmed with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any wture resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the fractions, olecers and employees of such From. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, beemew such work is performed or eeueed to be palsormol by the Purchmer. 14. PATENTS. Whenever the Seller is required 1. use any design, device, material or process covered by letter, patent, trademark r copyright, the Sewer shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented 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 m pay by fauns. of such infringement in any time during the prosecution or after the completion of the work. In cave said equipment or my pan fared or the intended use of the goods, is in such suit held to comtimte infringement and fhe we of said equipment or pan is enjoined, the Seller shall, at if own expense aid at its option, either procure for the Purchaser the right in continue using said equipment or pans, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become imolvmt or bard mpt, make an assignment for the benefit of creditors, appoint a receiver or meta for any of the Sellers proper, or business, this order may foMwitdo h be doweled by the ment Parchwithout liability. 16. GOVERNING LAW. The definitions cruder used or the interpretation of the agreement and the rights of all panic hereunder shall be combined under and governed by the laws othhe State of Colorado, USA. The following Additional Conditions apply only in cous where the Sella is to perform work hereunder, including the serviceof Sellers Represenaeve(s), on for premises ofa dars 12. SELLERS RESPONSIBILITY. The Seller shall carry on said wok at Sellers own risk until the same is fully completed and accepted, and sM1nll, in arse of any accident, destruction or injury in the work and/or materials before Sellers Final completion and and arm, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are Famished by others for installation or nation by the Seller, the Sella shall receive, unload, shire and handle same at the site and become responsible therefor m though such marmots and/or equipment were being famished by the Seller under the at I&INSURANCE. The Seller shall, in loss own expense, provide fir the pxymmr of wokers compera err, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase Drake, and/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 general liability including, but not limited to, contractual and automobile public liability irmumnce with Iwdd, injury and deaM limits of at least S300,0.0 for any one pa ar. E500.11M lam any one accident and property damage limit Per accident of 5400,0031 The Sella shall likewise require his contractors, if my, to provide For such compensation and insurance. Before any of the Sellers or his comracmrs employees shall funny wok upon the premise of others, the Sella shall furbish the Pumbeed with a cesificzte not such compensation and insurance have been provided. Such certificates shall ap«iry the dam when such malformation and insurance have been provided. Such eesifiates shall specify die date when such compensation and insurance expend. The Seller agree, For 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 ass es the entire responsibility ad liability for any aM all durege, loss or injury ofully kind or mtare whatsoever to perms or property, caused by an morning from the execution of the wok provided for in this Purchase hold or in romemion herewith. The Sella will indemnify and hold harmless the Purchaserend any or all of the Pamlumm ofticces, agents and employes from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchmer may be put or subject by reason of any act, nation, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers at contactors officers, agents or employees. In case any suit or other proceedings shall be, brought spent the Purebred, or its officers, agent or employees at my time on wcowt or by reason of any sot, acfim, neglect, omission or default of the Seller of my of his drearacmrs or any of it or Oren ofudes. agent or employees ex aforesaid the Seller hereby agrees an assume the defense thereof mad to defend the saws, at the Sellers own expenss, to pay any and all cost, charges, atW.e s fees and other exhaust, my and all judgments that may be incurred by or obtained against the Purchmer or my of its or their orients, agents or employees in such wits or Omer proceedings, and in case judgment or other liw be placed upon or .blamed against the property of the Purchmer, or said posit in or as a result of such suits or other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaufiom, Finnish and install all guards naeaury for the prevention of wtldau, comply with all laws and regulafions with regard to ufay including, but without limitation, the Disappointed Safety and Health An of 1920 will all miss cad regulations issued pursuant thereto. Revised 07lRH4