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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 3215119Fort Collins Date: 0110912015 Vendor: 132158 CTLITHOMPSON INC 1971 W 12TH ST DENVER CO 80204 PURCHASE ORDER PO Number Page 3215119 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 TESTING 1 LOT LS 60,000.00 per terms and conditions of bid 7291 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR 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.mm 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute Ne City of Fiat Collins is exempt Item state and local taxes. Om Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificat of Registry 84 6000587 is regi r,d, with the Collector of Failure of the Pucbaser to insist upon strict perfommwv of the terms and conditions becalWhom or delay to Intend Revenue, Denver, Colorado (Ref. Colorado Revised Samoa 1993, Chapter 39-26, 114 (a). axeaie any rights err remedies provided been or by law, failure to promptly notify the Seller in give event Of a breach, the acceptance ofor, payment for goods he march or approval of the design, sha11 cot release tam Seller of Goads Rejected GOODS REJECTED due to failure so meet specifications, either when shipped or due to defers of any of the encomiums of obligations of this purchase order and shall not be deemed a waiver of my right of the damage in wrsit, any a retumN a you for credit and are not to be replaced except upon receipt of written purchaser to insist upon sdria performance haeofor my of its rights or rtmedies as to my such goods, eegardless instructions fmm the City OfFort Collins. of wben shipped, received Or mceprd, ass, an my prior or subsequent default beremder, we shall my purposed oral modification or rescission of this purchase order by the Purcbsser operate ns a waiver of my of the rem¢ Inspection. GOODS are subject to the City of Pon Callum donations ions on arival, hereof. Final Acceptance. Receipt of the memhandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of Few Collins. However, a is to be understood thatFINAL Seller and the Pumhaa recognize that in actual economic practice, o ercharges resulting boom antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theraofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Team. Shipments must be ROB., City of Fon Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manifnctutns have distributing paints in vmus pots of the country, shipment s If the Purchaer directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the naarest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shquism. are made form greater distance. may rouse the work coo be pief N by the mast expeditious meets available to it, and the Seller shall pay all casts amocistd with such work. Permits. Seller shall It. a sellers sale east all mcesvry Permits. cenifiwtes and licenses required by all applicable laws, regulations, oNidiness and rvtax ofthe data, municipality, territory or political subdivision where the work is Performed, or required by my other duly cautioned public authority having jurisdiction ova the work of vendor Seller further agrees to hold the City of Pon Collins hornless f and againsr all liability and loss incurred by them by reason of m acsened or established violation of my such laws, regulations, ordinances, rvles andrequiremens. Authorimtion. All parties to this contract agree that the eeprasenlatives art, in fast, bona fide and possess full and complete authority to bind and parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any.ddidannl or difface, moms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase oMet and the documents attached herem. No acts of the Purchasers including, wimmi limimrioq stagnate of gavial late deliveries, shall operate as a waiver of this provision. In the event Many delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not met ortbly foreseeable which art beyond its reasonable control sed without its fault ofnegligence, such acts of Gad. cots of civil or military minorities, governmental priorities, fires, strikes, Rood, epidemics, wars or dam Provided tot notice of the conditions causing such delay is given to the purchaser within five (5) days of the time when the Seller Bra received knowledge therm[ In thc event of any such delay, the dam of delivery shall be exrended for the period cgml to the time acaally lost by rason of she delay. 3. WARRANTY. The Seller warrants that all goods, rides, remand, and work covered by this order will conform with applicable dawings, apecifrcatioru, samples mNor other descriptions given, will be fit for the pterpaa amended, road performed with the highest degree of care am competence in accordance with accepted standard for work of a similar nature. The Sailer agrees to hold the purchase hadiless from my lass, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of wanamy. The Sella shall replace, repair or make good, without cost o the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the team of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (mcceptmce not to be unreasonably delayed), resulting from Imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not candidate a waiver of my claim under this wawnty. Except m otherwise provided in this purchase order, me Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Paochsser may make chordates coo legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make my changes to Ne mars, other than legal terms, including additions to or deletions from the quantities originally ordered in the spaifiwtiom or drawings, by verbal or windrn change order. If any such change affect, the amour due due or the dune ofpse.0 frma. hnda, an equitable sdjtsvmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by whiten change mdeq terminate this agreement im to my or all portions of the goods then not shipped, subject to my equitable adjustment between the panics as to any work or materials then in progress provided Nat the Purchaser shall Out be liable for my claims for anticipated profits on the uncompleted ponion of the grads mob, work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers smmord slack. No such termination shall relieve the Purchaser or the Seller ai s, of Weir obligations ns to any gauss delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered - I. COMPLIANCE WITH LAW. The Seller wawnts slut all good sold hereunder shall have been prodoced, said, delivered and famished in strict compliance with all applicable laws add regulations to which the goods am subject. The Seller shall execute wall deliver such documents to may be requireA to effect or evudmce compliance. All laws and actedidom required to be incorporated in sgrecmens of this chamee sm hereby incorpauted herein by this ref ce. The Sella agrees a indemnify and hold the Purchaser harmless from all mess sal damages suffered by she Purchaser ss a rails of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any ttanues due or to become due Immunda without the poor written commit ofthe other port. 10. TITLE. The Seller warrants full, clear and umestrined title to the Purchaser for all equipment. materials, and hens f fished in Performance of this agreement, free and clew of any and all liens, rarrictiom, acwtvations, semity interest encumbrances and claims ofathers. The Sella shall release tbe Purchaser and its contractors of any tier from all liability and claims of my nature resulting from the pedbrmaroe ofsuch wrote. This release shall apply even in the cart of fault of negligence of the party released and shall extend 10 the directors, officers and employees ofmch pray. The Seller's cantractual obligations, including wamarty, shall not be domed to be reduced, in my way, bacteria, such work is pefoaned or caused a be performed) by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inlrmaradma by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosoutiew or aver the completion of the work. In eau said equipment, Or any pm thereof Or the intended use of the goods, is in such suit held to constitute infringement and the use Of mid equipment or pact is arjoina the Sella shall, at its own expense and in its option, either pmcare for the Purchaser the right to mmittue using said eluipmem Or pans, replan the same with substantially equal bur noninfnnging equipment, or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, nuke an assigmdcnt for the benefit of aedi em. appaim a madiverr or iname for my of the Sellers property or business, his order may forthwith be wooled by the Purchaser without liability. 16, GOVERNING V.W. The definitions of terms used or the interpretation o(the agreement and the rights of sll parties hammer shall be meowed under not governed by the laws Ofthe State of Coloado.USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Repres ifti ive(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall tarty oa said work at Seller's own risk until the same is fully compleal and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and aprance, complee the work an Seller's own expense and to the satisfaction of the Purchase. When materials eo equipment sm famished by others for instillation or section by the Seller, the Sella shall receive, unload, store and Image same at the site and become actimauble, therefor, as though such materiels and/or equipment were being famished by the Sella under the order. 18. INSURANCE The Sella shall, at his awn expense, provide for the payment of work. compematir, including ecupatioml dseae, beafu, to its employees employed oo Or in connection with the work covered by Was purchase order, anchor a their depeMenm in accordance with the laws of the sure in which the work is to be done. The Sella shall also any, comprehrsive general liability including, but not limited W. contractual am automobile public liability insurance with bodily injury eW death limim of at beam, 5300.000 fen try ..a person S500,000 for on, resident and property damage limas per accident of S400,000. The Sella shall likewise rtquiee his .i.e.. if any, to provide for such compensation and insurance. Before my of the Sell. or his ..tractors employees shall do any work upon the premises of other, the Seller shall Finnish the Purchaser with a certificate that such .mpeusation aM insurance have been provided. Such certificates shall speify, We dace when such ompensation and insurance have bon provided. Such nnificams shall specify the date what such compensation and insurance expires. The, Seller agrees that such compensation and commerce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby minutes the entire reponsdoliry and liability, for my md.11 damage, loss m i jury of any kind or nature whatsae.er to persons m property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hvmless tbe Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to panders or property to which the Purchase may he par or subject by ..a of my act, actum, agleL omission or default on the pm of the Sella, my of his contractors, Or my of the Sellers or .usxtors oflic., agents or employee. In eau my suit or other preeedings shall be brought signal the Purchaser, in its officers, agents or employees at my time on mrmt or by eesson of my as, active, teller, omission or default of the Sella of any of his co.na . or my of its or their officers, agens or employees as aforesaid the Seller hereby agrees to assume the defame thereof and to defend the same cot the Sell. own expeme, to pay my anal all .sea, chaBes, amordi fees and other expenses, my and all judgments thin may be wcured by or m1ainW agairsst the Purchase or my of its m their oMs.. agenm or employees an such suits or other proceedings, and in case pallid r or other live be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a rani' of such as m other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bob m oWsmame. The Sella coal has contractors shall take all safety precautions, human and install all guard noes •ry fen the prevention of accidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupolioml Safety and Health Act of 1970 and all ales end regulations issued pa me nt thereon. Revised 01R014