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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9143142Fort Collins Date: 06/06/2014 Vendor: 132158 CTL/THOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 9143142 1of2 This number must appear, on all invoices, packing sli sand labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/06/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WO # CTL-COLLEGE-1 1 LOT LS 8,530.00 COLLEGE AVE WATERLINE COMPACTION AND MATERIALS TESTING 7291 Geotechnical Testina 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 Total $8,530.00 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 L COMMERCIALDETA1LS. Tax exemptions. By Statute the City of pan Collins is exempt from same and local taxes. Our Exemption Number is ILNONWAI\'ER. 98-04501 Federal Excise Tax Exemption Cenificae of Registry 84-6000587 is registered with the Collamr of Failure of the purchaser to insist upon main performance of the terms and conditions hereof, failure or delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Seines 1913, Chapter 39-26, 114 of exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seiler in the event of a breach, the acceptance ofor paymrna for goods hereunder or approval ofthe desigf, shall awl release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, amen when shipped or due to def es of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in Ransil, may be natured to you for credit road are not to be replaced except upon receipt of w'nnrn purchaser to insist upon strict performance hereof or any of its rights or aemedics as W any Such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent defaul, hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operas, Ss a waiver of any of the terms Inspection. GOODS me subject to the City arrant Collins inspection an anise. hereaf. Final Acceptance. Receipt of the merchandise, smices or equipmmt in response to this alder can .1, in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Ten Collins. However, it is to he understood But FINAL Seller and the Purchaser recogniv that in actual economic practice, overcharges resulting fain antitrust ACCEPTANCE is dependent op. completion ofall applicable requited inspection procedures, violations are is fire, home by In, Purchaser. Theetaf ne, for good cause and n consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight I arm Shipments mast be FOAL, City of Ten Collins, 700 Wood St, Pon Collins, CO 80522, unless acquired under federal or stare antitrust Iaa S for such overcharges retain, to the ponimlar goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or azquird by the Purchaser Eammanuo this purchase order. hill must accomnanv invoice. Additional chances for omkine will not be accented 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 deducted from Invoice when shipments am made from greater dwlunce. Permits. Seller shall procure at sellers sole cast all necessity permits, canificates and licenses required by all appficable Is—, regulations, red ancis rand roles of the state, municipality, lemtnry nr .It lieu) subdivision where the work is performed, or required by any other duly constituted public Industry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fain Collins hun iess from and against all liabil try rand loss incurred by them by arisen of an Sssmed or established violation of any such laws, regulmions, onitnances, roles and re rnarma n a. Authorivtion. All panics to this contract agree that the representatives are, in fan, bore fide and incomes full and omelet, authority to bind said ponies. LIMITAT ION OF TERMS. This Purchase Order expressly limits acceptance to the terns and con fitions stared herein sin forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by Seller ate objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT iminedimely if yo r cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be, effected within the lime slated on the purchase order and the documents attached hereto. No aces of the Purchaers including, without limitation, acceptance argument 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 real equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hall,, Ne Seller shall not be liable for damages as a moult of delays due to causes not reasonably f reseeable which are beyond its Reasonable counsel and without in fault of negligence, such acts of God, ac S ofcivil or military authorities, govemmemal priorities, fires, sakes road, epidemics, wars or riots provided that nmice of the conditions causing such delay is given to the Pumhamr within five (5) days of the time when the Seller firsl 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 last by mason ofthe delay. 3. WARRANTY. The Seller woman,, that all goads, brieles, materials and work covered by this order will conform with appliable drawings, specifications, ..epics and/or other descriptions given, will be fit for the purposes inwnded. and perforated with the highest degree or care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees a hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wananry. The Seller shall replace, reps it or make good, without cost to the purchase, any defects or faults arising within one (I) year or within such longer fraud of time as may be prescribed by law or by the terns ofany applicable warranty provided by the Seller after the date of ccep here of the Rm*ls famished hereunder (accepters, not to be unseasonably delayed), mashing from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not combine a waiver of any claim under this want Except as otherwise Provided in this purchase order, the Seller liability hereunder shall extend Ira all damages proximately caused by the breach of any of the foregoing wvrmmies or guamnters, but such liability shall in no event include hoes ofpcifi, 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 Rem, by wriven change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchmcr may make any changes to the teats, other than legal tee,, including additions to or deletions from the quantities originally ordenrd in the specifications or drawings, by verbal or vour n change order. If any such change infects the amount due or flu, time afgafmmena hereunder, an equitable adjustment shall Ire made. 6. TERMINATIONS. The Purchaser may at any time by wrirrn change order. to ma this agreement to any n all gons io of the fou r n Out a t shipped, subject any equitable adjustment between the ponies as m any work or materials then in progress provided that the Partitive, shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe good Surfer work, For incidental or consequential damages, and that no such adjustment be made in Loan ofthe Seller with respect to any goods which are the Sellers standard stock. No such lanuoution shall relieve the Purchaser or the Seller of any oFlhci, obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or dmtination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been prWuced. sold, delivered end furnished in sure, omplianee with all applicable laws and regulation to which the goods are subject. The Seller shall execum and deliver such doeume ur n 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 reference. The Sella agrees to indemnify, and hold the Purchaser hmmlees from all costs and damages suffered by the Purchaser as a result of the Silicas faille to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, trmsfer, or convey this maker, or any monies due or to become due hereunder without the Price whaler consent of the other party. 10. TITLE. The Seller warrants full, ofor and unrestricted title to the Purchaser for all qui,..,. materials, and itctns famished in performance of this agreement, five and clear of any and all lien, resections, reservation, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser three, the Seller to correct no seorro ming or defective Suads by a 6 re to be agreed On 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 perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with Such work. 'I he Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance efsuch work. This release shall apply even in the event of fault of negligence (it the party released and shall extend to the directors, officers and employees afsuch party. The Sellers coureacti al obligations, including ,warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENS. Whenever the Seller is required to use any design, device, material or .as covered by lone, patent, trademark or copyright, ate Sella shall indemnify and save harmless the Purchaser tram any and all claims for infringement by reason of the use of such paterated design, device, material or process in connection with the contract, and Shot[ indemnify the Purchaser far any coal, expose or damage which it may be obliged Or pay by reason of such infringement at any time during the prosecution or after the completion of the wink. In cam said equipment, or any For thereof cr the intended use of line good, is in such suit held to constitute infringement and the use of Said equipment or pan is rejoined, the Seller shall, in its own expense and in its option, either procure for the Purthucr the right to continue using said equipment or .is replace the same with substantially quad but noninMnging equipment, or modify it so it becomes rwninringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers propeny or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of al I parties hereunder shall be assumed under and governed by the laws of the Sam ofColoredu, USA. The fallowing Additional Conditions apply only in where the Seller is to perform work hereundrn including the services of Sellers Repmsanalmr,G), oa thecases premise ofmhe- il. SELLERS RESPONSIBILITY. The Seller shall any, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident deslmction or injury to the work and/or materals befe, Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment one founded by others for installation or erection by the Seller, the Seller shall receive, unload, store and Randle same at the site and become responsible them for as though such materials and/m aPopmert were being fro isbed by the Seller under the alder. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compemmimr, including o uagethaml disease benefi,, to its employees employed on or in connection with the work covered by this purchase ordm, ardor to their dependen¢ in accoNance with the lax, of the stare in which the wad: ¢ to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contraclual and automobile public liability insurance with bodily injury and death limits of or least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contmaors, Wany, to provide for such compensation and becomes. Before any of the Sellers or his contrwmrs employes shall do any work upon the premiss of others, the Seller shall f mish the Purchaser with a cmtlficate that such compensation and insurance have been provided Such cafficams shall specify the date when such compensation and insurance have been provided. Such centficates shall specify the date when such compensation and oneverrive expires. The Seller agrees that such compensation and insurance shall be maintained omit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'Ihe Seller hereby Icomag, he rntie responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or prupmy caused by Or resnhing from the execution of the work provided fr, in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all due.,, losses, damages, charges or expenses, whether direct or indirect, and whether It) person or property to which the Purchaser may be pm or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his contmcmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees many time on account or by reason of any act, action, neglect, omission or default of the Sella 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 thereof and to defend the ante at the Sellers own expene, to gay any and all costs, charges. id omeys fees and other expenses, Say and all judgermes Nat may be inserted by or obtained against the Purchaser or any of its or Rear officers, agents or employees in such suits or other proceedings, and in case judgment or other lion be placed upon or obtained againl the property ofthe purchaser, or Said parties in or as a essult of such suits or other proceedings, the Seller will at once cause the same to be dissolved and disclu pal by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install ell guard necessary fin the prevention of actldents, comply with all laws and regulation with regard to Safety including, but without limitation, the OccuWtiorel Safety and Health Act of 1970 end all rates and regulation issued pursuant thereto. Raised 03CO10