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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 3215011Fort Collins Date: 01/02/2015 Vendor: 132158 CTLITHOMPSON INC 1971 W 12TH ST DENVER CO 80204 Delivery Date: 01/02/2015 PURCHASE ORDER PO Number Page 3215011 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price Concrete Testing Annual 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 5,000.00 Total $5,000.00 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 exemption. By somtc the City of Firm Collins u exempt from suite and local noes. Our Exemption Number is I I. NONWAIVER. 98A 503. Fedml Excise Tax Exemption Cmificare of Registry 84,6000587 is registered with the Collector of Failure of the Purchaser m insist upon stria performance of tha terms and wnditions hmof. Gihae or delay ro banned Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). domise any rights or comedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meets socifcations, eithher when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in rmmit, may be resumed to you for cmdt and art not W be replaced except upon rrecipt of written pumhrur to insist upon inner Performance hereof or any of its rights or remedies n many such goods, regardless inrmerians from the Ciry effort Collins. of when shipped, received or accepted, n to any prior or sub a bunt default hmunder, nor shall any Imported eml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tenor Inspection. GOODS are subject to the City of Fart Collin inspection on artiml. hereof. Final Acceptance. Receipt of the merchandix, advice or equipment in wspome, m this oiler can mWt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autMrittd paymrnr on the put of flue City of Fort Collins, However, it is to be understood that FINAL Seller and the Forebear recognize chat in acnml economic pracud, morehngca resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable squired inpecnon procedures. violation art in fact borne by sbe Purchaser. Theremforefor good came and n consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or h ndifer Freight Terms. Shipments most be F.O.B., City of Fort Collins, 9 W Woad St, Fort Collim, CO 80522. wless acquired under fcdeml on, site antitrust laws for such overcharges relating so the particular goods or services otherwise specified on this order, Upermission is given to p,,.y freight and charge separately, the original freight parde sad or acquired by the Purchaser pursuant to this pruchaa orde, bit rant accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Difirme. Wham manufacturers have distributing mm, in same.pam, of the mmnry, shipment is Ifthe Purchaser dimeta the Seller to correct nonconforming of defective goods by.&to to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice whin Purchaser and the Sella, and the Seller thadea a indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater disatae. nay cause the work to be performed by fen most expedition meam available m it, and the Seller shall pay all ants asa«iaad with, such wok. Pamlts. Seller shall p. err idlers sole [rat all necessary permits, certificates and littnes required by all applicable laws, ,W...... Nirunces and tales of the suite, municipality, serrimry or political subdivision when the work is performed, or rnuir l by any usher duly dominated public authority having jurisdiction over the work of vendor. Seller fiuther agrtn to held the City of Fort Collin harmless from and against ell liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles .rid mluirements. Authorization. All parties to this contract agree Nat me representatives arc, in fact, bona fde and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated herein set fond and my supplementary or additional terms and condition aatexed herein or incopoated herein by reference. Any additional or different terms and condition proposal by seller are objected m end hereby mjmted. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you catmol make complete shipment o arrive on your promised delivery date m noted. Time is of the museum. Delivery and purfomans, most be effected within the lime stated on the purchase oiler and the documents studied herein. No ens of the Purchners including, without limitation, ncceptawe of partial law deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and aluiuiFle wineries, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to canes not reasonably foreseeable which ere beyond its reasonable control and without its fault of negligence, such ads ofGod, ems ofsoll or military authorities, gavemmmuil prionties, fires, strikes, Bond, epidemics riots provided flat make of the condition caning such delay is given to the Purchaser within five (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 exterded for the period tynal to the time actually feet by reason ofthe delay. 3. WARRANTY. The Seller warrants, that all gat, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other description given, will be fit for the puposes intended, and performed with the highest degree of Bare and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults main, within one (I) year or within such longer period of time m may W pmcnbd by law or by the terms of any applicable warrenry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unremonably delayed), resulting from impermat or defective work done or materials famished by the Seller. Acceptance or sea of goods by the Pumbmer shall not contiam a waiver of any claim under this warranty. Except as otherwise provided in this Purchase order, the Sellers liability hereunder sled) extend a all damages proximately caused by the breach of any of the foregoing wamendou or guarenled, but such liability shall in m event include lass of profits or lass of ma. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchner may make changes to legal wrens by wine, change other. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal menu, including addition to or deletions from the qumnities originally ordered in the some w3ursns or drawings, by verbal or wiinen change order If any such change affects the amount due or the time c fperf er au¢ hercutdd, un equitable adjustment shall be made. 6. TERAUNATIONS. The Purchaser may to any time by wrmmin change order, terminate this agrtemenr n many or all portions of the goods then not shipped, subject to any equitable adjustment between the ponies as many wok or mmenak then in progress provided that the Purchner shall nor be liable for any claims for anticipated profits on the uncompland portion ofthe goods author work, for incidental or consequential damages, and but no such adjmtment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligation in to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be evened within shim (30) days from the date the change or nomination is odmd. 8. COMPLIANCE NTTH LAW. The Seller warmna that all goods sold Irereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable lawn and regulatiom m which the goods sm subject The Seller shall execute end deliver such documents m maybe required m effect or evidence compliance. All laws and regulation required m be incoryomwd in agreements of this character arc hereby incapamted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmlcss from all costs and damages suffered by the Purchner as is amoll of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this ordm or any monies due m in became due hereunder without the prior written examines of the other parry. I O. TITLE. The Sella warrants bill, clear and umanicled ride to the Purchaser for all ryuipment, madends, and items famished in performance of this agreement free and clear of any and all lien, restrictions, resmait.m, secmiry summit mcumbmnces and claims ofothers. The Seller shall release the Puurchaer and its contractors of any for from all liability and claims of any nature resulting from the perfomanre ofsuch work. This ademe shall apply even in the event of fault of negligence of the pan released and shall extend to the direcmrs, efforts and employees of such pan. The Seller's contractual obligations, including warranty, shall not be deemed at be reduced, in any way, because such work is performed or cauded to be fiffirded by the parchment. 14. PATENTS. Whenever the Seller is required m me any design, device, maremad or process covered by loner, pmenr, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser Tom any and all claims for infringement by session of tha use of such parentnd design, device, material or process in connection with the command, and shall indemnify tbe Purchaser for any cast. expense m damage which it may his, obliged as pay by reason ofsuch itifim, menr at any time during the presentation or infer the completion of the work. In doer said oscillating. or any part thereof or the intended use of the goods, is in such it held an constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or part, replace the same with substantially equal but noninfinging equipment, or modify it sec it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a acceiver or Inrawe for any of rhm Sellers property or business, Nis order may forthwith be canceled by dw Purchaser without liability. 16. GOVERNING LAW. The definition of tents and or the interpretation ofthe agreemout and the rights of all parries hereunder shall be donated under seal govemcd by Out laws of the Sure ofCalamdo, USA. The following Additional Cnditions apply only in cases wheat me Sellers to perform work hereunder, including the services of Sellers Repreaenlvtive(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall cart,, on said work at Sell&. own risk on4h the same is fully completed and accepted, aml shall, in case of any student, desnucnon or injury to the work and/or materuB select Seller's final completion and occurrence, complete tbe work in Sellers own expense and m the satisfaction of the Purchaser. Wbm mmenals and rydipmmt ere furnished by others fur installation or erection by the Seller, the Seller shall receive, unload, start and handle tame or the site and become mprnsido thdofm or though such ma m.S mNa epigrams were being fiunishd "a, Seller undo 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. and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also cam comprehensive general liability including, but not limited to, commercial and automobile public liability imurance win htlily injury me death limits of at least 5300,000 for any one persag 5500,00n for any one accident and propem damage limit per accident of 5400,000. The Seller shall likewise require his mntrad., if any, m pmvide for such eomperwtion and inm—ce. Befine any of the Sellers or bu wntmemat employees shall do any wink upmr the premises ofoNers, the Seller shall But the Purchaser with is manifesto Ohm such a'ompemmion and uvum— have been provided. Such cenifmtes shall specify dce daze when such compessation send imwdnce have been provided. Such certificates shall specify the date when such compenvtion and inutmrce expires. The Seller agrees that such compensation and insurance shall be mainmioM until and the .an wale is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rests es the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsmever to persom or property caused by or resulting from the execution offle work provided for in this purchase ender in in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchner, officers, agents aid employees from am against any and all claims losses, damages, charges m enpenaa whether direct or induced. and whether to persons properly m which the Purchaser may be at m subject by ctarmr of any act, action, nodded, emission or default on the pan of the, Seller, my of his cootmctos, or any of the Sellers or consacors officers, agents or employed. In case my .is or Omer proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time on account or by reason of any ens, action, neglect, omission in default of the Seller of any of his contractors or any of its or their officers. agents in employees as of said, fie Sella hereby agrees to resume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and order expenses, any and all judgments that may be incurred by or obtained against the purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and m case judgment or ether lien be placed upon or obtained against Ore property ruffle Purchaser, or said parties in or as a molt of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond on otherwise. The Seller and his contractors shall take all mfm pmautiom, famish and install all guards necessary for the pmmfion of accidents, comply with all laws and reguhutiom with record f safety including, but without ImVrfion, the Occupational Safety sell Health Ad of 1970 and all rates and regulations bound ptmusam thereto. Revised Oin(114