Loading...
HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9115226City of Fort Collins Date: 01113/2012 PURCHASE ORDER Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS Colorado 80528 PO Number Page 9115226 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 09/09/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Reconciliation C.O. C-1 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 1 LOT EA Total Invoice Address: -32,964.35 .35 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 984W502. Federal Excise Tax Exemption Ccrtifium of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cvcut of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the wmmatics or obligations of this purchase order and shall not be devoted a xriver of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instn¢tion., from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default heminder, nor shall any purpnned oral mail i fication ar rescission of this purchase order by the Purchascr operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in aemol economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchase[ Thcremfore, 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 Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 90522, unless negnired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this order. If permission is given to prepny freight and charge separately, the original freight purchased or acquired by the Purchascr pursuant to this purchase order, bill most 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 Hine Purchascr directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the ncamst distribution point to destination, and excess freight will be deducted firm Invoice when Purchascr and the Scllcr, and the Seller thereaficr indicates its inability err unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be preformed by the most expeditious means available to it and the Scllcr shall pay rill costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ecnificates and licevsce required by all applicable laws, 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 loss incurred by them by reason of an asserted or established violation ofany such laws, regulations ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in Met. bona fide and possess hell nail complete authority to bind said panics, 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 pmposad 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 premised delivery date as; noted. Time is ofthe essence. Delivery and performance must be cRmted within the time stated on the purchase order and the documents reached hereto. No acts of the Purchasers including. without limitation, acceptance oflu rtial late deliveries , shall operate as a waiver of this provision. In the event ofany delay, the Purchascr shall have, in addition to other legal and equitable marcdics, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable eontml and without its fault of negligence. such acts ofGnd, acts ofcivil or military authorities, governmental priorities, fires; strikes, Brad, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first mmived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time acmally lost by reason of the delay. 3.WARRANTY. The Seiler wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, rill be rit for the purposes intended, and perfomed with the highest degree of cam and competence in accordance with accepted standards far work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchascr may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good. without cast to the purchaser, any defects or faults arising within one (I ) year or within such longer perind of time as may he pmscribod by law or by the terms of any applicable warranty provided by the Seller after the date of acccptancc of the goods furnished hereunder (acceptance not to 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 of any claim under this wamnty. Except as otherwise provided in this purchase order, the Sellcrs liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchascr 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 terms, including additions to or deletions from the quantities originally ordeed in the specifications or drawings, by verbal or written change order. If any .such change affects the amount due or the time ofper ormance hereunder, an equitable adlusmment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the 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 goads which arc the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods 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 Seiler shall execute and deliver such documents as may be required to effect at evidence compliance. All laws and regulations mquircd to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all crisis and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wTmcn consent of the other parry. 10. TITLE. The Seiler warrants full, cicarand unrestricted title to the Purchascr 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 ofothers. The Seller shall releac the Purchaser and its contractors of any tier form all liability and claims of any nature resulting farm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. mcc. and employees of such party. The Seller's contractual obligations, including wnmmy, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfomed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save hamdess the Purchascr from any and all claims for infringement by rce o r of the use of such patented design, dmiec, 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 infringemeru at any time during the prosecution or after the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall. at its own expense and at its option, either procurc for the Purchascr the right to continue using mid equipment or pans replace the same with substantially equal but noninfringing equipment, or modify it so it bcaomcs noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property at business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions fterms used ar the interpretation ofthc agreement and the rights ofall panics hereunder shall be constmed under and governed 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 sciviccs of Sellcrs Represcntntive(s), an the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acccptancc, complete the work at Sellers own expense and to the satisfaction of the Purchascr. When materials and equipment arc furnished 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 fumished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupational disease benefits to its employees employed an or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Incas 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 person. 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 far such compensation and insurance. Before any ofthe Scllcrs or his contractors employees shall do any work upon the ptcouses o(ohers, the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificams shall specify the date when such compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained umil after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. Inns or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hardess the Purchascr and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the parr of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proccedings shall be brought against the Purchascr, or its oRcem. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seiler of any 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 at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses any and all judgments that may be incomil by or obtained against the Purchascr or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchascr. or said parties in or as a result ofsuch suits or other proceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or othvnvisc. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the pmvcntion 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 rules and regulations issued pursuant thcmm. Revised 03/2010