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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9142275Fort of Date: 04/23/2014 Vendor: 132158 CTL/THOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 9142275 +oft This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/22/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSTRUCTION SERVICES WO # CTL-RIGDEN-2014-1 7291 Geotechnical Testing Services 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 LS 40,560.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions Page 2 of 2 1. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state end local taxes. Our Exemption Number is 98,04502. Federal Excise Tax Exemplion Contriver, of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure 0 meet specifications, either when shipped or due W defects of damage in rmnsil, may be returned to you for credit and are not to be replaced except upon receipt of written instructions fruit the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection oa vnival. Final Acceptance. Receipt of the merchandise, services or ml.ipmrnt in respome, or this order ran result in authoriked payment on the pm of the City of Fon Collins, However, it is to M understood tha, FINAL ACCEPTANCE is dependent upon completionofall Wheable n,brood inspection procedures. Freight Tents. Shipments mml be F.O.D., City of Fart Collins, 900 Wad St., Four Collins, CO 80522, unless othmsvise specified on this rotor. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges fro packing will not be acceped. Shipment Online, Where manufacturers have distributing points in varione pans of the country, shipment is expcated from the nearest distribution paint to destination, and excess freight will be deducted firm Invoice when shipments are made from gremer distance. Permits. Seller shall procure at sellers sole cost all necessary permits, vindicates and licenses required by all applicable laws, regulators, ordinances and roles of the state, municipality, mmtory or political subdivision where the work is Perforated, or required by any other duly corafim ed public authority havingjurini iction over the work of vendor. Seller further agrees to hold de City of Fort Collins harmless fmm and against all liability rued loss nemorl by them by maven of m asxneJ or established violation of any such laws, regulators, ordinances, rules and requirements. Authorivtion. All parties to this reamer agree that the representatives me, in fan, bow fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions soared herein set Cut and any tipplonammary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dillenent terms and conditions proposed by seller air objecmd to and hereby moved. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ifyou cannot make complete shipment to active on your Promised delivery date as noted. Time is of the essence. Delivery and performance most M o faun d within the time sorted on the purchase ardor mid the documents attached herein. No ace of the Purchasers including without limitation, acceptance ofpartlal late deliveries, shall ahemr, as a waiver of this provision. In the event of any delay, the Posehaser shall have, in addition to other legal and equitable remedies, the option effluent, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not M liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without is fault of Milligram, such ads ofGoJ, acts ofeivil or military authorities, governmental priorities, Ties, strikes, Rood, epidemics, wars or riots provided that notice of the conditions taming such delay is given to the Purchaser within five (5) days of the time when the Seller Sam received knowledge thereof. In the evem of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reuses of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and we& covered by this order will condition with applicable drawings, specificariom, samples and/or other descriptions given, will M fit for the purposes intended, and Performed with the highest degree of cart and competence in accordance with arccplM standards for work of a similar namm. The Seller agrees to hold the purchaser hornless fern any loss, damage or expense which the Purchaser may suR mons oon ur on account othee Sellers breach of warranty. The Seller shall replace, mount epy aor make good, without cost m the purchaser, any defects or faults arising within me (1) year or within such longer period of time as may M promibed by law in by the terror ofany applicable warranty provided by we Seller after the date of acteptanee of the goods f ished hereunder forup rn er not to be incommodity delayed), meaning form imperfect or defective work done or materials furnished by the Seller Acceptance or use of good by the Purchaser shall not comtimte a waiver of any claim under this cemramy. Except as otherwise provided in this purchase order, the Sellers liability hereunde, shall extend to all damages proximately caused by the breach ofany of the foregoing wmmnties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES M LEGAL TERMS. The Pumhuer may make changes to legal It. by wri en change .,do,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terror, other than legal terms, including additions to or deletions from the qumnitics originally ordered in the specifications or drawings, by verbal or written change order. If any such change alTecrs the amount due or the time of performance hereunder, an equitable mijmtment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Oder, terminate this agreement As to any or all portions of the goods then not shipped, subject to any equitable adjutment between the ponies 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 good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligatiam as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for aljmtmm, matt he assured within thirty (30) days from the date the change or termination is ordered. B. COMPLIANCE WITHIAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in mnict compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations roluircd to be incorporated in agreements of this character are hereby coverporaed Morin by this reference. The Seller agrees m indemnify and hold the Processor harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shill mslgn, brother, or convey this order, or any monies due or to become due hereunder without the prior wxlnen comrnt bfthe other pray. 10. TITLE. The Seller warrants bull, clear and unrestricted title to the Purchaser fm all equipment, marmaH, and items banished I. performance of this agreement, free and clam ofany and all diem, maritime. fiew,mimss, sccwty interest encumbrances and claims of other. 11. N0NWAIVER. Failum of the Purchaser to insist upon stein performance of the terms said conditions hermf, failure or delay to exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach the acceptance ofor payment for goods hereunto or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the purchaser to insist an suit, pertacomme heeaf or any of its rights or remedies as to any such goods, regardless of when shipped, reservist or accepted, as to any prior or subsequent default hereunder, nor shall any pur,mod oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in armed m e practice, overcharges resulting from arttimat violations are in fact home by the PurchasTh er. eremfrm, fargoodcause mid m mmideration for camming this purchase order, the Seller nearby assigns to dw Purchaser any aM all claims it may vow have or hereafter acquired under federal or .to antitrust laws for such overcharges timing to the Particular goods or services purchased or acquired by the Purchnser p crower m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed open by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be por imms! by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchuer and its contractors of any tier from all liability and claims of any nature resulting from de, performance ofsuch work. This release shall apply even in the event of foul, of negligence mf the parry, released and shall rsteM to the directors, Officers ard employees ofsuch party. The Sellers contractual obligations, including immunity, shall not M crowd to be reduced, in any way, became such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, minimal or process covered by liner, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such pmemed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may M obliged to pay by reason of such infringement at any time during the prosecution or after we completion of the work. In case said equipment. or any par thereof or the intended use of the goofs, is in such suit held to constimte infringement and the me of said equipment or pan is enjoined, the Seller shall, at is own expense and in its option, either province for the Purchaser we night to continue using said equipment or puts, replace the same with substantially equal but contributing equipment, er modify it so it becomes rmne fringing. 15. INSOLVENCY. If the Seller shall became insolvent or banrkmpt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or bminess, this order may forthwith be canceled by the Purcer without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation off, agreement and the nights of all parties Moronism shall be corstmed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply a* or cues who. the Seller is to p ifamt work hereuder. including the services of Sellers Representative(s), on tee premises brothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work al Sellers own risk .,it the same is fully completed and accepted, and shall, in use of any accident, destruction or injury, to the work and/or minerals before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn 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 purchase order, author to them depemfe e, in accordance with tee laws of the stale in which the work is to M done. The Seller shall also any vomprehwnswe Beneml liability includin& his, no, limited m, contractual and automobile Public liability insurance with bodily injury and death limits of rut $cast S304.000 for any one person, S5o0,00d for any one accident and property damage limit Per accident of 5400,000. The Seller shall likewise require his mmmmors, if any, no provide for such compeararom and reurance. Before any of the Sellers or his commcmrs employees shall do any work upon the premises of others, the Seller shall famish the Puchaer with a renifiae that such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance have been provided. Such certificates shall specify,he date when such compensation and insurance expires. The Seller agrees that such compensation and insarance 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, lass or injury ofany kind thnature whatwever Ins persons or property caused by or resulting from the execution off, work provided for in is purchase order or in connection herewith. The Seller will indemnify and bold harmless the Purclu and any or all of the Purelawm officers, agents and employees fmm and against any aM all claims, losses, damages, charges or expenses, whether tired or indirect, and whether to persons or property to which the Purchaser may b< put or subject by reawn of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contmeters officers, agents or employees. In case any suit or other proceedings shall M brought against the Purchaser, or its officers, agents in employees at any time on account or by moron of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense therref and to defend the same at Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may M incurred by or obtained against the Purchaser or any of in or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or abei d against the property of the Pmchastt, or ssid panics in or as a result ofsuch suits or other proceedings, the Seller will at once came the more to M dissolved and diuharged by giving bond or otherwise. The Seller and his cormare rs shall cake all safrty precautions, famish and install all guard become, for the prevention of accidents, comply with all laws and regulations with regard to madam including, hot without limitation, the Omtpatioal Safety and Health An of 1970 and dl cults and regulations issued pursumt thereto. Revised 032010