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HomeMy WebLinkAbout132158 CTL/THOMPSON INC - PURCHASE ORDER - 3215199Fort Collins Date: 01/12/2015 Vendor: 132158 CTL/THOMPSON INC 1971 W 12TH ST DENVER CO 80204 PO Number Page 3215199 loft This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Utilities Geotech testing 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@fogov.com 1 LOT LS Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 11 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By score the City ofFort Collins is exempt from sate and local taxes. Our Exemption Number is 11. NONM'AIV ER. 98-04502. Federal Excise Tax Exemption Ceni5cae of Registry 94-6000587 is registered with due Collector of Failure of me Purchaser to insist upon pries performance of the terms and conditions hereof. failure or delay to Intemal Revenue, Denyer, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, pal re to promptly portly the Seller in the event of a breach, me acceptance of or payment for goods hereunder or approval of the design, shall not elease the Seller of Goods Raj erred. GOODS REJECTED due to failure to meer specifications, either 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 any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrimen Purchaser to insist upon suict performance hermfor my spits rights or remedies as to any such goods, regardless immuctlons from the City of Fort Collins. of when shipped, received or accepted as to my prior or subsequent default hereunder, nor shall my ptrryorted onl modification or rescission of this purchase order by the Prchucr operate as a waiver of my of Me terms Inspection. GOODS arenbjea to the City of Fon Collins importation arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12. ASSIGNMENT OF AWITRUSTCLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is op be understood thrFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures vidwions are in fan home by the Purchaser.Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby aligns to the Purchased my and all Balms it may now have or hermker Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St. Fan Collins, CO $0522..1ess acquired order federal or sure warning laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given as prepay freight and charge separately, the original freight purchased or acquired by the Purchaser parsumt w this purchase order. bill most accompany invoice. Additional charges for packing will tort be accepted. Shipment Distance. Where manufacturers have dinnbuting points in various pans of the country, shipment is expected from the nearest distribution point to drumormoe and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall preeme at sellers sole inn all necessary permits, «nificata and licenses required by all applicable laws, regulations, ordinances and roes ofthe stme, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authotion having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins harmless from and against all Iiobdiry and loss incurred by them by reason of an assered or established violation of any such laws, regulations, ordinances, mles and ow uirerrrmw. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and posses full and complete authonty to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stared herein am foM and my supplementary or additional terms and conditions annexed herein or unperformed herein by reference. Any additional or differmrtems and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedlmely ifyou cannot make complae shipment to arrivem your promised delivery date as noted. Time is of the essence. Delivery and perfomnance must be effected within the time stated on the purchase order and the documents atached hereto. No act of the Purchasers including, without limitation, acceptance affords] late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option ofpiniM this order elsewhere and holding the Seller liable for damages. Howevm, the Seller shall not be liable for damages as a result of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmemal pdorhirs, fires, strikes, flood, epidemics, wars or riots provided that nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller but received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the Arid equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, wricles, materials and work covered by this order will conform with applicable drawings, specifications, samples md/or other descnpume given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hmmlas from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of mammon. The Seller shall replace, repair or make good, without cast to the Purchaser, any def xts or faults arising within one (1) year or within such longer period of time as may be prownbed by law or by the terms of my applicable warrmry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend w ill damages proximately caused by the breach of any of the foregoing wanmties or guarantees, For such liability shall in no event include loss of profits or loss of. NO IMPLIED WARRANTY OR MERCHANfABILl OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wonen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any climate w me terms, other than legal terms, including additis w or delmons fmm the quantities originally ordered in me specifications or drawings, by verbal or car anent change order. If my such change affects the amount due or the time efperformmee hereunder, an equitable adjustment shall he made. 6. TERMINATIONS, The Purchaser may at my time by whim change order, terminate this agreement as to my or all Potions ofthe goods then not shipped subject to my equitable adjus.ott between the parties as to my work or matenak then in progress provided than the Purchaser shall not be liable for my claims for anticipated profits on the uncompined Former ofthe gaud, and/or work, for incidemzl or conuquentiil damages, and that no such adjustment he, made in favor ofthe Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations m to my goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the dune the change or termination is ordered 8_ COMPLIANCE WITH LAW. The Seller warrants thal all goads sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall eyesore and deliver such documents w may be required to effect or evidence compliance. All laws and regulations required no be incorporated in agreements of this character are hereby incomormed herein by this reference. The Seller agrees to indemnify and bold the Purchaser haetnless from ill rem and damages suffered by the Purchaser as a result of the Sellers failure on comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my stories due or to became due hereunder without the Poor wrinm consent of the other pary. 10. 11171 The Seller warrants full, clear and.restrined tide to the Purchaser for all equipment materials, and items fumished in performance of this agreement free and clear of my and all liens, resunctlons, reservations, security interest encumbrances and claims of others. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and tine Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may carte the work m be performed by the mast expeditious means available to it and me Seller shall tray all costs associated with such work. The Seller shall release the Purchaser and its contractors of my her him all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees aliment Ivry. The Sellers contractual obligations, including warranty, shill not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, matenal or process covered by later, patent trademark r copyright the Seller snail indemnify and save harmless the Purchaser from my and all claims for iafoagemmr by reason of the use of such parmeed design, device, morand or process is co.xtion with the conVacl, and shall indemnify the Purchaser for my con, expense or damage which it may be obliged to pay by reason of such infringement at my time during the protection or after the completion of the work In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, me Seller shall, at its own expense and at its option, either procure for the Purchaser she right to continue using said quipmmt or parts, replace the same with nbstantiaily equal but noninfinging equipment or codify it an, it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make m assignment for the benefit of creditors, appoint a receiver or .nee for my of the Sellers property or business, this order may foMwith be canceled by the Purchaser wirhom liability. 16. GOVERNING LAN'. The definitions of terms red or the interpretation ofthe agreement and the rights of all parties hereunder shall be onstmed order and governed by me laws of the State of Colorade, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representasieds), on the premises of others. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work as Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident destruction or injury to me work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to me satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, .load, store and handle same at the site and become responsible therefor as though such materials andior vyuipment were being famished by the Seller under the order. 18. INSURANCE. the Seller shall, at his own 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 0 their dependents in accordance with the laws of the state in which the work is to be done. The Seller shill arm cony comprehensive gored liability iadrrding, but not limited w, mnnionsal and automobile public liability insurmca with bodly injury and death limits of at leas $300,000 for my one parmn, S500,1100 for my one accident and imperry damage limit per accident of 1,1003100. The Seller shall likewise reports his raptor, if any, to provide for such compensation and insurance. Before my of she Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a tern ficete that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bent provided. Such cenlfcates shall specify the date when such compensation and insrmce expires. The Seller agrees that such comp marmon and insurance shall be maintained anti[ alter the more work is wmplead and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to Persons or property 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 hamdess the Purchaser and my or Al of the Purchasers officers, agrees and employees from and against my and all claims, losses. damages, charges or expenses. whether direct or indirect and whether to perswrs or property to which due Purchaser may be put or subject by reason of my act action, neglect, omission or drunk on the pan of the Seller, my of his ontrarors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by teas. of my am, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employee as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, momeys fees and other expense, my and all judgments dhm may be incurred W or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other her be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contrmwrs shall take all safety precautions, Finnish and iosail all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bun without limitaion, the Despairing Safety and Health Act of 1970 and all owes and regulations issued pursuant thems, Revised 0M014