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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 9147676Fort Collins Date: 12/29/2014 Vendor: 132158 CTLITHOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 9147676 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 12/29/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price TESTING SERVICES 1 LOT LS 11,050.00 WO #CTL-WRF-2014-19 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 Pay terms net 30 days 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collin is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excite Tax Exemption Certificate of Registry M-6000587 is reginered with the Collator of Failure of the Purchsser to main upon strict performance of the worm and condition hereof, fail. or delay e Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a), exernse any rights or smrdies provided herein in by law, failure to promptly notify the Seller in the event of a breach, Ind acerytana of or payment for funds hereunda or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defer. of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tarui,, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or fnedam as 10 any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tern Impeuion. GOODS are subject to the City of Fort Collin inspection on arrival. haveoE Final Acceptance. Receipt of thc merchandise, services or equipment in imports to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mounted payment on the pan of the City of Tom Collins. However, it is to be undershod that FINAL Seller and the Punch seer recognis that in brad economic practice, ove¢harga resulting farm antitrust ACCEPTANCE is dependent upon completion of all applicable residual inspection pmceduon, violafow s , in fact home by the forebear. Theremfore, fro good ran, and as consideration fro executing this purchase order, the Seller hereby moillow to the purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.D., City of Too Collins, 900 Wood Sr., Fact Collins, CO 80522. unless requhed under friend or sue antitrust laws for such ovemharges relating to the particular good or services otherwise specified on this order. Upermission is given in prepay freight and charge separately, the original freight purchased or acquired by the Pmchver pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. I3.PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.defective havedistributingpoints pan, of the umry, shipment is Ship mentrom tobeply,teWon bythe Seller tocorectnoerindirming orrdabiliiy Ifthe Per=it thee.Wheremanufamurcrs terareight ducted expected from the nearest corm to denination, and excess freight will be deducted from Invoice when the Seller, or unwillingness to comply, the Purchaser Purchaser and the Seller, and the thereafter indicates its inability or ilablelto water shipments are made from greater distance. it, a may cause the work to ch performed by the most expedition mean available to it, and the Seller shall pay all med roses resautM with such work. Permits. Seller shag provide at snces sole cost all necessary permits, cenifcarm and liremes requirtd by all laws, s and tales state, minty d political subdivision when tarred or The Seller shill the Purchaser i. commdon of any tier from all liability and tlairm of my nature the want i reed, in duly l public authority jurisdiction over the work the walk . performed, squired by any order duly constituted public eanhonry by wo resulting fiom the pert anec of such work. a performance rr and vendor. Sella fuller agrees m hold the City Too Collin harden; from and all liability and loss s epemt by them by reason of an asserted m established violation crony such laws, regWatiow, oMinanen, tales in li incurred This redase shall apply even in the even of Taub of negligence of the party relewed and dull extend ao se and raluiremens. poi direcmq officers anJ employees of such party. Authohzation. All parties to this contract agree that the mpreuntatives arc, in fact, bona fide and pmsrm full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein act forth and any supplementary or additional terns and conditions annexed hereto or incorpormed herein by reference. Any additional or different have, and commands imposed by seller are objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment or wave an your promised delivery dare m anted. Time is of the essms. Delivery and performance coma be effected within the time shred oa the purchase order and the documents punched berero. No ants of the Purchow. including, without limitation, acceptance arrant lam deliveres, well operate m a waiver of this provision. In the event of any delay, the Purchaer shall have, in addition to other legal and aptitude remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays do, to cams, not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nots provided that notice of the conditions cawing such delay s given to the Purchaser within five (5) days of she time when the Sella first received knowledge thamf. In the event of any such delay, the date of delivery sholl be extended for the period yual to the time wctually lost by reason oftbe delay. 3. WARRANTY. The Seller wantonws that all good, articles, materials cod wark comand by this order will roof rsm with applicable drawings, spaifcation, snples and/or other descriptions given, will be fit far the pmposas intended, and paramount with roe highest depose of are and .mpacace in accoName with accepted standards fro work of a similar opium. The Seller agrtcs to hold the pnbaur ertnlass dram my Ins, damage or expense which the Purchaser may suffer or incur on account of the Sellers broach of oomarty. The Sella shall replace, repair in make grind, without cost in the purchases any defects or faults arising within one (1) yen or within such longer prod of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be unreasonably delayer), resulting from imperfect or defective work done or materials Enriched by the Seller. Acceptance in me of good by the Purchmer shall not onstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall carried to all damages proxfinately caused by the breach of my of the foregoing warranties or gnantres, but area liability shall in no event include Ins of profts or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmchasr may make changes to legal terns by worm change order. 5. CHANGES M COMMERCIAL TERMS. The Purchm may make any changes to the tend, other than legal leaincluding including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnen change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment sell be made. 6. TERMINATIONS. The Purchaser may at any time by won= change order, raminas this agreement as to any or all portions of the goods then not shipped, subject to any equitable edjumnenr haven the panic as to any work or materials then in pmgras provided that the Purchases shall not be liable for my claims for anticipated profits on the uncompleted Portion ofthe good author work. for incidental or.wequential damages, and that no such adjustment be made in favor i f the Seller with respect a my good which are the Sell. standard stock. No such lemtinalion shall relieve the Purchaser an rise Sella army oftheir obligatiom w many goads delivered hesunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change in lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrdas that all good sold hereunder shill have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations; to which the goods we subject. The Seller shall exams and deliver such documents as maybe requinal so effect or evidence compliance All laws and regulation squired to be incorporated in agreessam of this cemcsr art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Poshaser armless from ell mods and damages sul cial by the Purchaser w a result of se Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, tamkes or convey this order, or any manies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrant, full, clean and unrestricted title to the Purchaer for all equipment, materials, and items furnished in performance of this agreement, face and clam of any and all diem, mountain, reservmims, security interest ereumbarees and claims of wheat. The Series contractual obligations, including warranty, shall not be deemed to be reduced, in very way, because such work is performed or caned to be performed by the Purchase. 14. PATENTS. Whenever the Seller is impaired to me any design, revive, material or process covered by letter, patent, trademark or ropmight, the Seller shall indemnify and save harmles the Purcrchaer from any and all claims for infringement by reason of the we of such paraded design, device, material or pmcrss in convention with the contract, and shall unhappily the Purchaser for any ros4 expense or damage which it may b, obliged to Pay by remain ofsuch infringement at any time during the prosamion or after the completion of are work. In case said equipmmr, or any pan thermf or the intended tau of the goods, is in such suit held 0 c undimte infringement and the asc of said eyuipmed or pan is rummal, the Seller shall, al its own expense and or its option, either procure for the Purchaser the right 10 continue doing said apartment or pens, replace the same with substantially equal but norinfrnging equipment, or modify it so it becomes noninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigned for the benefit of creditars, appoint a wareiver or under for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition oftems used or the interpretation ofthe spectrum and the rights stroll Inartim heoswder shall be cadsvued maker and governed by the lawn ofthe State afCi lomda, USA. The following Addition] Conditions apply only in cases where she Seller is m perform work haapnder, including the services of Sd1ers Rcpresenrativc(s), on the premses afothe¢ 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Polly completed and weatu d, and shall, in se of any accidem, destruction or injury to the work cri materials before Sclla's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for imtullation or election by the Seller, the Sella shall receive, random, state and handle same at the site and become responsible therefor as though such anncrow and/or equipment were beingf ished by the Sella underthe order. HL MSURANCE. The Seller sell, at his own expense, provide for tbe payment of workers compassition, including occupational disease benefits, to its employees employed on or in connection with the work covered by this pmcese order, andlor an their calendars in accordance with the lawn of th< sus in which the work is to be done. The Seller shall den carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at tarot 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 contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall much the Purchmer with a cenifcate that such compensation and imrmnce have been provided. Such ratifates shall specify the date when such ompemation and insurance have been provided. Such emifcades shall specify the date when such compensation and insurance expires. The Seller wses not, such campmandim and insurance sell be maintained.61 aver the .the work is completed and sucepmd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumes the entire responsibility and liability far any and all darage, lass or injury of any End or nature wha.oever to peruw in limperty caused by in awaiting from the execution ofthe work provided for in this purees order or in connection herewith. The Seller will indemnify and hold harmless the Purchreer and any r all of the Purchasers officers, agents and employe¢ from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or progeny to which the Purchwer may be put or subject by rerun of any act, action, neglect, omission or default an the pan of the Sella, any of his ontmctors, or any of the Sellers or contadds officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its officers, agents or employers at any time on account or by reason of any act, action, reglrct, omission or default of the Seller of my of his warrants in any of is or they officers, agents or employees as of said, the Sella hereby egress to resume the defense thercof mad to defend the same at Bar Sellers own expense, in pay any and all rose¢, charges, anomeye fees and other expenses, any and all judgmms let may be tworral by or obtained againt the Purchaser or any of its or then Officers, agents or employees in such suits or other proceedings, end in case judgment or other lien he placed upon or obtained against the property, of are Purchaser, or said parties in or re a result of such suits in other proceedings, the Sella will at care ruse the same to be dissolved cad discloo cal by giving bond or otherwise. Tha Seller and his contractors shall take all safety p cionflow, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuantthesm. Revised 02I2014