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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9120343City of art Collins PURCHASE ORDER PO Number Page 9120343 102 This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 109445 Ship To: WATER UTILITIES CONNELL RESOURCES INC CITY OF FORT COLLINS 7785 HIGHLAND MEADOWS PKWY #100 700 WOOD ST FORT COLLINS Colorado 80528 FORT COLLINS Colorado 80521 Delivery Date: 01/23/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Phase 2 - Utilities along BRT 1 LOT EA 12,550.00 2 Phase 2 - Utilities along BRT 1 LOT EA 28,350.00 Including abandoning sanitary sewer manholes on the west side of the BNSF as well as moving the ARV and cathodic protection test site behind Pedersen Volvo C3. O✓l�-�siQ� 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 Total $40,900.00 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 exemptions. By statute the City of Pon Cut lins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 9F-04502. Federal Excise Tax Exemption Certificate of Registry 84. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or dcla to p g (73. Ch t is r 9-26.r 11 with the Collector of pO P Y Internal Revenue, Denver Colorado (Refs Colorado Revised Statutes 1973. Chapter 3�'_6, 114 (n). exercise any rights or remedies provided herein r law, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder der or approval of the design, shall not mlcase the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped err due to defects of any of the wammics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit .,,,be roomed to you far credit and are not to be replaced except open receipt of written purchaser to insist upon strict pefomancc hereo(or any of its rights or remedies sex to any such goods, regardless instructions franc the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pugiened end modification or rescission of this purchase order by the Purchaser opcnte as a waiver of any of the terms Inspection. GOODS arc subject to the City of Pon Collins inspection as 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 oa the pan of the City of Fort Collins. However, it is to be anlcrstaod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pnmedums. violations are in fact home by the Purchaser. Th... where. for good cause and as consideration for executing this purchase aide,, the Seller hereby assigns to the Purchaser any and all claims it may now have on herca0cr Freight Terms. Shipments most be F.O.B., City of Fan Calif.,. 7M Wood St.. Fan Collins, CO 80522, unless, acquired tinder federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If prnnission is given to prepay freight and charge separately, the original (might purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS 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 goads by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will he deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made (ram greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all casts associated with such work. Pcmitt Scllcr shall procure at sellers sale cant all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mlcs office 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 Fan Collins harmless Form and against all liability and loss incurred by them by reason of an installed or established violation of any such laws, regulations, ordinances. roles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, brute fide and possess full and complete authority m bird 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 nnncacd hereto or inco rteramd 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 ifyou cannot make complete shipment in arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached harm. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a rmiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this Order elsewhere and holding the Seller 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 central and without its fault afnegligence, such acts of God, acts ofcivil or military anthordies, governmental priorities. fires, strikes Bond, epidemics ones or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thomcf. In the event array such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe dclny. 3.WARRANTY, The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications samples ranter other descriptions given, will be fit for the purposes intended and perfomed 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 hamlets fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or mike good, without cost to the purchaser, any defects or faults arising within one (H year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Scllcr a0cr the date of acceptance ofthe good furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect m defective work done or materials furnished by the Seller. Acceptance or use o(gands by the Purchaser shall not coastline a waiver ofany claim underthis wamnty. Except os ethenvise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony ofihc foregoing warm ntics or guam aces, but such liability shall in no went include Inca afprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puchaser may make changes to legal terms by writtca 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 firma the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of per(ormancc 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 portals of the gads then not shipped. subject to any equitable adjustment baweca the parties as to any work or materials then in progress provided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and chat no such adjustment be made in favor tribe Seller with respect to any good which arc the Sellers standard stock. No such teminnion shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be alerted within thirty (30) days Form the dart the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller wamnty that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from 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, tmaafee or convey this order, or any monies due or in become due hereunder without the prior written consent office other party. 10. TITLE. The Scllcr wamnts PoII, cicarand units untied title in the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, resciv nionx, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its connectors of any tier fmm all liability and claims of any nature resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the diteemrs, officers and employees ofsuch parry. The Settees contractual obligations. including wamnty, shall not be deemed to be reduced. in any way. because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmccss covered by letter, patent trademark or copyright, the Seller shall indcmai fy and save harmless the Purchaser fmm any and all claims for infringement 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 damnge which it may be obliged to pay by reason of such infringement at any time during the pmmcuti on or aher the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its oar expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the some with substantially equal but nnnin ringing equipment at modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknipt, make an assignment for the benefit of creditors, appoint a receiver or moire for any of the Sellers pmperty or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions efrems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constnted under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sen•iec, of Scllcrs Representative(,), on the premise ofnthcts. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Scller's own nsk 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 Scllcr's final completion and acceptance, complete the work at Scller's own expanse and to the satisfaction of the Purchaser. When materials and equipment are fiimished 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 nvoctials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense. provide for the payment of workers compensation, including aemipatlonal 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. contrachml and automobile public liability insurance with bodily injury and death limits orat least 5300.000 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 for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall de any work open the premises of others, the Scllcr xhall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such mnmcnsctioa and insurance have born provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until a0er 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. loss or injury of any kind or nature whatsoever to persons or property caused by or rewI ing from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or o11 of the Purchasers officers, agent. and employees from and against any and all claims, losses, damages, charges or cxpcnses, whether direct or indirect, and whether to persons or pmpcny to which the Purcha cr may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his conmctors, or any of the Sellers or conmctors officers, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their effects, agents or employees as aforesaid, the Seller hcrchy agrees to assume the defense thereof and to defend the .,ante at the Sellers own expense, to pay any and all costs, charges, attorneys fees and ocher expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Their officers. agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperry of the 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 land or otherwise. The Seller and his contractors shall take all safery precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Actor 1970 and all rates and regulations issued pursuant ihcmto. Revised 0312010