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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9122749PURCHASE ORDER PO Number Page City Of///��� 9122749 1 of z `t Collins I ns This number must appear F " on all invoices, packing slips and labels. Date: 05/14/2012 Vendor: 132158 Ship To: WATER UTILITIES CTL/THOMPSON INC CITY OF FORT COLLINS 1971 W 12TH ST 700 WOOD ST DENVER Colorado 80204 FORT COLLINS Colorado 80521 Delivery Date: 05/14/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Compaction Testing Services 1 LOT EA 5,220.00 Elizabeth St. Waterline U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tonne and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. TO, exemptions. By statute the City of Fort Collins is exempt faun state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-04502. reload Excise Tax Exemption Cc tificatc of Registry 84-MM597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the moon, and conditions herenf. failure or delay to Internal Revenue Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies pro West herein Or by law, failure m promptly notify the Seller in the event Of a breach. the acceptance ofor payment for goods hereunder or approval ofihe design, shall not release the Seller of Goods Rcjmtcd. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this parch,, order and .shall not he dimmed a waiver of any right of the damage in transit, may be rehtmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon Strict performance hereof or any of its rights or remedies as to am'such goods, regardless insmtctions from the City 0f Fort Collins of when shipped, received or rcecpical. as to any prior or subsequent default hereunder, nor shall any pugaaned nml mMifieatinn or rescission of Ili, purchase order by the Purchaser operate a, a vyriver of any of the Icons Inspection. GOODS arc mhisa to the City of Fort Collins inspection on arrival. herenf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorioed payment no the .an OI the City of Fort Collins. Hmvcrcr it is m he understood that FINAL Seller mad the Purchaser recognize that in actual economic practice overcharges resulting from antitmst ACCEPTANCE is dependent upon cnmplrfion of all applicable required inspection procedure, winlatinow are in fact home by the Purchaser. Theretofore, for good cause and is considemtina fur executing this Purchase nrder, (lac Seller hereby ,,,signs to the Purchaser any and all cluinis it may now, have or hereafter Freight Tcmas. Shipnmats must be F.O.H.. City of Fun Collins. 700 Wood St_ Fort Collins CO 90522. unless acquired under federal or state antitmst laws for ,such waucharncs relating to the particular goods or services otherwise specified On this mdcr. If permission is given to Pmpny freight and charge sepnnachy, the original freight purchased or required by the Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charees for packing trill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufncmrcrs have distributing points in vmiou, pans of the country, shipment is If the Purchaser directs the Seller to entree, nonconforming or defective goods by a date In he agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and be Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made room greater distance. may un oc the work to be performed by the mow expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Pcmuts. Seller shall potion, at sellers sole cost all necessary permits. certificates and licenses required by all applicable lazes, regulations ordinances and rules of the .state. municipality, territory Or Political subdivision where the work is Performed, or required by any other duly constituted public amhonty having jonsdiction osxr the work Of vendor. Seller fiuther agrees 1. hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason Man as. ened or established violation of any such laws, regulations, ordinances. rules and mquircmcros. Authoriration. All parties to this contract agree that the representatives are. in fact. Mann fide and Possess full and complete nathonty to bind said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplcmcntary or additional temss and conditions annexed hereto or ineorpnnted herein by reference. Any additional or different tans and conditions proposed by seller arc 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 ofthe essence. Dcliwery and performance must he effected within the time stated on the purchase order and floe documents attached hereto. No acts of the Purchascr, including, without limitation, acceptance Mpnrtid late deliveries, shall uncovers a waiver of this pmvisima. In the event Many delay. (hc Purchascr shall have, in addition to other legal and equitable remedies, the option Of placing This order clsewhcrc and holding the Seller liable for damages. However, the Seller shall not be liable for damages ;is a result of delays due to causes not reasonably f resceaMe which arc beyond its reasturni control and without its fault of negligence, such acts of Gnd, acts ofcivil Or military mummies. gmxmm,ntal priorities. rm,. strikes. Rood, epidemic,, wars or rims Provided that notice of the conditions canume such delay is given to the Purchaser within fie (5) days of the time when the Seller 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 lost by reason of,hc delay. 3.WARRANTY. The Seller annasts that all good, articles, materials and work covered by this enter will conform with applicable drawings, specifications, samples and/or other descriptions given. will he 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 mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchascr may suffer or incur no account of the Sellers breach of wamnty. The Scllcr shall rcpincc. repair Or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of tine as may be prescribed by law, or by the mores ofany applicable warranty provided by the Seller after the date of acceptance of the gonads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver army claim nude, this wamnty. Except as otherwise provided in this Purchase order, the ScHeo, liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guaraniccs, but such liability shall in no event include loss ofpmfitu Or Inss of uses NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL. TERNS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. fin TE;RNI INATIONS. The Purchaser may at any time by written change nrder, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bcfxxeen the panics as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated profits can the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in prior of she Seller with respect to any Foods which are the Sellers stand rd straek. Nosuch termination shall relieve the Puehascr ou the Seller of any of their obligations as to any goods delivered humander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be fuserted within thirty (30) days fern the date the change or termination is oMcrod. R. COMPLIANCE WITH LAW. The Seller warmms Ihnt all goods sold hereunder shall have been Produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Incas mud regulations required to be i ouragvnted in agreements of this character are hereby incorporated herein by this reference. The SCllcr agrees 10 indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchascr ns a result of the Sellers failure to comply with such laze'. 9. ASSIGNMENT. Neither puny shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without (he Prior writen consent of the other party. 10. TITLE:. The Scllcr wmmmt, to 11. clear one unrestricted title to the Purchascr for all eq. ipmcnt. materials, and items furnished in perfomancc of this agreement, frce and clear of any and Al liens, restrictions, reservations. security interest eacumbmaccs and claims of olhcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. nffccisand employees ofsanh party. The Seller's coutnetnal obligations. including svemntp, shall not be deemed to be rcuhaced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS, Whenever the Seller is requited to use any design, device, material or process covered by letter. patent. trademark or copyright, the SCllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such Interned design, device. material or Process in connection with the contract. and shall indemnify the Purchascr for any cost, expense Or damage which it may be obliged to pay by reason Of such infringement at any lime during the prosecWinn or caller the completion of the work. In case snid equipment. or any par( thereof Or the intended use of Inc goods is in .such ,,it held to constitute infringement and the use Of snid equipment or port is enjoined, the SCllcr shall, at its awn expense and at its option, either procure fro life Pnrch...r (he right to continue using said equipment or pans, mpbce the same with .sub unniahly equal but nnninfringiag cquipmcnl, or mwlify it so it beennres noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or hanknapt, make an assignment for the benefit of credimm. appoint a receiver or trustee for any of the Sellers Property or business, this order may forthwith he canceled by the Purchaser without liability, 16. GOVFRNING LAW, The definitions oftcma, used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The follmving Additional Conditions apply Only in eases where the Seller is to perform work hereunder. including the services Of5clets Reprcscatative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work nt Seller's man risk until the same is fully completed and accepted, and shall, in case Many accident. dornmtion or injury to the work and/or materials before Sellers final completion ant acceptance. comple a the work at Seller's own expense and to the satisfaction of the Purchascr. When materials mad cquipmcnl me furnished by others for installation or erection by the Seller. the Seller shall receive, nature. store and handle same at the site fail hecnmc resporwide therefor as (hough such materials andlor equipment were being furnished by the Seller under the Order. I R. INSURANCE. The Scllcr shall, it his own cspensc, provide for fire payment of workers compensation. including occupational disc,,,, bcncfls. In its employees employed on or in connection with the work covered by this purchssc order, o dlor to their dependents in accordance with the laws Of the .state in .which the work is to be dnnc. The Seller shall afso carry comprehensive general liability including, but not limited to, contractual quit automobile public liability insurance with hodily ipbary and death limbs of at (cast S300.000 for any one person. S5o0.00o for any one accident and Property damnge limit per accident of S400.000. The Seller shall likewise require his contractors. if any. to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work .,no the premises nfothers. the Seller shall famish Ore Purchaser with a eenificam that such compensation and insurance have been Provided. Such certificates shall specify the (late when .such compensation and insurance have been pmvidcd. Such cenificates shall specify the date when such eompenc Linn and insumum 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 the entire responsibility and liability for any and all damage. less or injury ofany kind or nahwu whatsoever to persons or prnpeny caused by or rcsuhing front the execution of the work pmvidcd for in this purchase onferm in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchnwo, oTecrs, agents and employees from and against any and all claims. losses, damages. charges or expenses, whether direct or indirect, and whether In persons or pmpern' to which the Purchaser may be per or subject by reason of any Oct. action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors Officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employees at any time on account or by reason of any act, rains, neglect. Omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees as nfnremid, the Seller hereby agrees to assume the defense thereof and to defend the sane ;it the Scllcr, man cxpcnu, to pay any and all costs, charge,, altomeys Ices and other expenses. any and all judgments that may be incurred by or obtained against the Purcnnscr or any of its or their offers. agents or employees in soh suits or Other pnnccc,lings. and in case jndgmcnt Or Other lien be placed uupon car obtained against the pmperty of the Purclmscr, or said panics in or as a resell of such suits or other proceedings. the Scllcr will at once cause the,semc to he dis olved and discharged by giving bond Or n(henvise. The Seller and his contractors shall take all safety pmcmntinns. famish and install all gourds necessary for the prcycnlum Of accidents. comply with all laws and reguhations with regard to safety including. but wilhnul limitation, the Occupational Safety and I Icahh Act of 1970 mad all nles and regulations issued porsuent (hereto. Revised 03/2010