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HomeMy WebLinkAbout132158 CTL/ THOMPSON INC - PURCHASE ORDER - 9147172of FOCity. Collins Date: 12/05/2014 Vendor: 132158 CTL/THOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 9147172 1of2 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: 12/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t CONSULTING SERVICES N SHIELDS ST SEWER TESTING 7291 Geotechnical 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@fogov.com 1 LOT LS 12,880.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIALDEfA1IS. Tax esemptiom. By statute the City of Fan Collins is exempt fmm stare and 1«a roars. Our Exemption Number is I L NON WAIVER. 98-04502, Federal Excise Tax Exemption Cmificam of Registry 84.600058I is registered with the Collector of Failure of the Purchaser to insist upon strict pert of We teaks anal conditions hereof, failure or delay co I.eml Revenue, Denver, Colorado (RcL Colorado Revised Slatmes 1973, Clumms 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify fc Sailer in fe event of a breach, me talismanic of or payment for goods hereunder or approval of one design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to m«r specifications, eifer when shipped or due to &fee. of any of fe wafmties or obligations of this purchase order and shall nut be d«mW a waiver of any rich, of fe damage in rramit may be reamed On you for credit and arc cal to be replaced except upon receipt of WHO" Purchaser to insist upon strict performance hereof., any of its rights or remedies as w any such goods, regardless instructions man the City affront Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by me Purchaser operate as a waiver of any of the teaks Inspection. GOODS are subject to the City of Fact Collins inspection an owned. hereof. Final Acceptance. Receipt of the merchandise, services or equipmenl in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. amhorized payment oa the part of the City of Fall Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm summit ACCEPTANCE is dependent man complotion of all applicable rammal inspection procedures. violations are in fact home by the Punch nee. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it my now have or hercafier Freight Teens. Shipments most be F.O.B., City of Fall Collins, '/nn Wood St, Fan Collins, CO 80522, unless acquired under federal or able antitrust lases for such overcharges relating t. fe ponirich, goods or services otherwise specified on this order. lfpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuam b this purchase order. bill most accompany invoice. Additional doctors tar packing will ON be ac«pled. Shipment Distance. Where man ducnuers have di uibuting points to various pans of the country, shipment is expected from the rrcarest distribution point to distinction, and excess freight will he deducted fmm Invoice when shipments aR made fmm greater distance. Parmits. Seller shall pmcme at sellers sole isms, all na., Permits, cerifinrrs and licerees refined by all applicable laws, regulations, ordinances and roles of the stare, municipality, tenitory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further opines to hold the City of Fact Coll irks harmless farm and eRr imt all liability end lass incurred by them by maven of an asserted or established violation of any such laws, regulaions, ankr anca, roles and requirements Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority 1. bind said pmies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the team and conditions stated herein cat form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected b and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immdiady if you cannot make complete shipment to artier on your promised delivery date as noted. Time is offe essmut. Delivery and performance must be effected within the time crated on the purchase Oder and the documents attached hem.. No acts of the Furehuer, including• without limitation, aceepbn« of pwwI In,, deliveries, shall operate as a waiver of This provision. In the went of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this miler elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a recall of delays due to causes not reaooably f seeable which art beyond its reasonable central and wifout its fault of negligence, such is of Gad, acts of civil or military authorities, lineamental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of fc conditions causing such delay is given to the Purchaser within five (5) days of fhe time when the Seller first received knowledge thereof In the event of any such delay, the dale of delivery shall be extended nature period m.I to the time actually last by reason ofine delay. 3. WARRANTY. The Seller wamunts that all goods, articles, materials and work covered by this order will conform with applicable drawings, sperifiemions, samples motor other daniptions given, will be fit for the purposes intended, and performed wit fe highest degree of mat and competence in accordance wif rumpled sta dads for work of is mail. .,am. The Sella agree to hold fe purchase hurnlas farm any loss, damage or expense which the Purchaser may suffer m incur on account offe Sellers bench of ivaeanry. The Sella shill rtpla«, repair or make good, without cart to the purchaser, any defects or fads arising within one (1) year or within such longer period of lime ss may be prat bed by law or by the term ofany applicable wmmnty provided by me Seller lifter the dale of acceptance of the good froward hereunder interpreter not to be unreasonably delayed), resulting fmm imperfect or detective work done or wterials famished by the Seller. Accpptance or use of goods by the Purchaser shall not constlNle a waiver of any claim under this warranty. Except as of o ise provided in cols purchase order. the Sellers liability hereunder shall extend to al damages proximately caused by fe breach of any of the foregoing warranties or guamntces, but such liability stall in no event include loss of profits or loss of lase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANG ES IN LEGAL TERMS. The Prompt may make changes to legal terns by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser my make any changes to the term, other than legal terms, including additions to or deletions from the quantida originally onlered in fe Neci0catiom or drawings, by verbal or warmer change ode, If any such change affords the amo rm due or fe time ofpafomence hereunder, an equitable adjusinea shall be made. 6. TERMINATIONS. The Purchaser may at any time by w at rn change amen, mmic a e fins agreement as to any or ell po.iom of nor goods men Trot shipped, subject to any equitable ndjuument b ovary the parties as to any work or mteriah then in progress provided fat the Purchaser shall not be liable for my claims far aaticipred profits on the uncompleted portion of the goods adfor work, for incidental or comequenial damages, and that no such infatuation h made in favor of the Sella wit respect many goods which are the Sellers stanched stock. No such termination shall relieve the Purchase or fe Seller af.y of mein obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim far adjustment thou be, asserted within thirty (30) days fmm the date the change or termination Is .dared. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations b which Bt goods are subject. The Seller shall execute and deliver such documents in my Ise rtyuined as effect or evidence compliance. All fors and regulations equird to be incorporated in agreements of this character are hereby inemp rraud herein by Nis reference. The Sella ,as Ice indemnify cad hold the Purchaser harmless from all racks and damages afford by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Native parry, shall assign, transfer, or «racy this order, many monies due or an become due hereunda without the prior written consent afore Omer party. 10. TITLE, The Sella warrants full, clear and umatricted title to me Purchaser f all equipmenu materials, and item famished in performance of this agreement face and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If me Puthamr directs me Sella to correct nonconforming or defective goods by a date to be agred upon by no Purchaser and the Sella, and the Seller dicasaRe congruous its modality or unwillingness to comply. the Purchaser may cause fie work to be pefomed by the mast expeditious meats available to it, and the Seller shall pay all c ens usochnal with such work. The Seller shall Haase the Purchaser and its contractors of any tin man 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 me directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be d«med to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by [error, patent trademark bycopyright fe Senor shall indemnify and curve harmless the Purchaser cam any aot all claims for wBingemem rcawa of the use of such patented design, device, material or Process in connection with the contract and shall indenmify fe Purchaser (m any cost wpeme or damage which it may h obliged to pay by cousin of such infringement at any time during the pmsecutiun or site me compleion of the work. In two said equipment or any Fan thereof or fe intended um of the goods, is in such snit be[d to ..brute infringement and fe use of said esluipmea or part is enjoined, the Seller shall, at its own expense ad at its option, enter procure for fie Purchaser fe right to continue using said equipment or parts, replace the same with substantially equal but no infringing equipment, or modify it as it becomes noninffinginn, 15. INSOLVENCY. If the Seller shall become insolvent or bandi make m assignment for the benefit of credimrs, appoint a receiver or trustee for any of the Sellers property or business, this Oder may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definimas of narrow used or me interpretation ofthe agreement and Be rights of all panes heremder shal be command order and govrmed by the taus of the State of Colorado, USA. The following Additional Conditions apply only in wats whet the Seller is to pefform work hareuvde, including fe sm9ces of Sellers Repirsentative(s), on me primius afotheu. 17. SELLERS RESPONSIBILITY. The Seller shun cony an said work at Sellers own risk unfil fe same is fully comple d and accepter and shall, in rase of any accident, destruction m injury to the work and/or mterials before Sellers fowl completion and arcepwra, complete the work at Sellers own expense and f the satisfaction of me Purchaser. When wterials and equipment ere ficanded by others for installation or erection by the Sella, the Seller shall receive, around, store and handle same in the site and become responsible therefor w 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 confirmation, including occupational disease benefits, to its employees employed on or in couaectma with the work covered by this purchase Oder, and/or to their dependents in accordance with fie laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but Out limited to, contractual and aummount public liability insurance with burbly injury and death limits of at least S300.000 for any one person, Small" for any one cndem and impurity damage limit per accident of S400,000. The Seller shall likewise require his contractors, d any, in provide for such compensaion and insurance. Before any of the Sellers or his mntrucrors employees shall do any work upon the premises craniums, the Sella shall bullish the Purchaser wit a «nifinte cast such campesafan and insurance love been provided. Such cenifcatn shall specify dt dam when such compensation and insurance have been provided. Such certificates shall specify the dam what such isawassatim and accurate expires. The Sella agrees Nat such aompenommn and imumnee shall be maintained seat;] after me entire work is completed not accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to pesons or properly caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hornless me Purchaser and any r all of the Purchasers officers, agents and employees tram and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contmctors, or any of the Sellers or contractors oBirtm, agents or employees. In case any suit or Omer proceedings shall ha brought against the Purchaser, or its offices, agents or employees at any lime on account or by Lawn of any act action, regal. omission or default of me Seller of any of his contractors or any of its or their officers, agents ar employees m aforesaid, not Seller hereby agree ro assum the defense thereof and to defend the some at the Sellers awn expanse, to pay any and all cats, charge, clu me, fees and other rxpac a, any and al judgments that my be incurred by or obtained times the Puthuer many of its or their officers, agents or employees in such suits or oft proceeding, and W case judgment or miner lien be placed upon or obtained against me property of the Purchase, in said parties in or as a result ofsuch suits or other pracediags, the Seller will at ono nose me came to be dissolved and discharged by giving bond at otherwise. The Seller and his contmriors shall take all safety precautions, famish and install all guards necnmry for the prevention of accidents, comply with all laws and regulations with regard b safety including, but wifous limitation, me Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant memo. RcGwd 0712014