Loading...
HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 3211401City Of PURCHASE ORDER PO Number Page 3211401 1 t of 2 ' `t Collins This number must appear ` 1 1 on all invoices, packing slips and labels. Date: 11/30/2011 Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS Colorado 80528 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 11/29/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price c3. City of of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stabile the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04562. Federal Excise Tax Exemption Certificate of Registry 94-60005R7 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions farm the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the Dent of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the purchaser to insist upon strict performance hemoforany of its rights or remedies as to any such good,. regardless 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 waver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIM S. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theremfom, for good cause and as consideration for executing this purchase order, the Seller hemby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 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. If permission 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 packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable lava, regulations ordinances and miles of the state. municipality, territory 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 agrees to hold the City of Fort Collins harmless from and against all liability and Ions incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and requirements. Authamation. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions stated herein set forth 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 arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptancc ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable mmcdies, the option of -placing this order clsew-hcre and holding the Seiler liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligcnce, such acts of God, acts ofeivil or military authorities, governmental priorities, rims, strikes, flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knmvledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifienaimn. samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warrumv. The Seller shall replace, repair or make good, without cost to the purchaser, 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 terms ofany applicable warranty provided by the Seller a0cr the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a voice, ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proxim acly caused by the breach ofany of the foregoing warranties or guamntecs, but such liability shall in no event include loss afflatus or loss ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tmnts, including additions to or deletions from the quantities originally Deleted in the speci6wtions or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformanec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not bo liable for any claims for anticipated pmfits on the uncompleted portion ofthc goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any galls which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hom ndar. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or tarmination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of athers. The Seller shall release the Purchaser and its contractors of any liar from all liability and claims of any nature resulting from the perfomance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officer; and employees ofsuch party. The Sclice, contractual obligations, including warranty, shall not be deemed 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 Ieneq patent, trademark or copyright, the Seiler shall indemnify and save hnrmlcss the Purchaser from any and all claims for infringement by mason 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 ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the grads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmeure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmN try or business, this order may forthwith be canceled by the Purchaser without IiabiliN. 16. GOVERNING LAW. The definitions fterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and groaned by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Reporawmative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry ..said work at Seller's own risk until the same is fully completed and accepted. and shall, in cast of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptancc, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment am famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Scller 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 to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one peon, S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Scllcr shall famish the Purchaser with a certificate that such compenmtion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been previlcd. Such certificates shall specify the data when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hacby assumes the entire responsibility and liability for any and all damage, loss or injury ofnay kind or nature whatsoever to persons or property, caused by or resulting from the execution of the work provided for in this purchase onleror in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchasers offcars. agents and employees fmm 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 Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its effects, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same rat the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser ar any of its or their officers, agents or employees in such atits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors .shall take all safety precautions, famish and install all guards necessary for the prevention of ,accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ill vies and regulations issued pursuant thereto. Revised 03/2010