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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9120997City of /11, rt Collins PURCHASE ORDER PO Number Page 9120997 1of2 This number must appear on all invoices, packing slips and labels. Date: 02/16/2012 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: 02/16/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Utilities Improvements - BRT 1 LOT EA 122,588.00 Phase 3 2 Utilities Improvements - BRT 1 LOT EA 10,000.00 Phase 3 WO - SCP-BRT-020312 Total $132,588.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By stamp the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 9R-04502. Federal Excise Tax Exemption Certificate of Registry 94-60M5R7 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 in failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on aniva 11. NONWAIVER, Failure of tlm Purchaser to insist upon strict performance of the terms and conditions hereof, failure or dclav to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warmutics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfro m ace hercofor any of itx rights or remedies as many such goods, regardless of when .shipped, received or accepted, as to any prior or subsequent default hcrnmder, nor shall any purported nml modificmion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hem.f. Final Acceptance. Receipt of the mcrehandisrt services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins, H.wcvcn it is r. he understood that FINAL 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, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, the Seiler hereby assigns to the Purchascr any and all claims it may now have or herea0cr Freight Terms. Shipments most be F.O.A., City of Port Collins. 700 Wood St., Too Collins, CO 90522, unless acquired under federal or state antitrust Imes 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 featured be the Purchascr purxuanl to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacmmers have distributing points in various pans of the country, shipment is If the Purchascr directs the Seiler to correct nonconforming or defective grnl by a date to be agreed upon by the expected form the ncaml distribution point to destination, and excess freight will be deducted from Invoice when Purchuscr and the Scllcr, and the Seller thcma0cr indicates its inabil iry or unwillingness to comply, the Purchascr shipments arc made from greater distance. runs, cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall practice at sellers sole cost all necessary Permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules tribe slate, municipality, territory or political subdivision where the work is performed, car required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fun Collins harmless from and against all liability and loss inei rood by them by reason of an asserted or established violation of any such laws, regulations, ordinances. mles .ad requircmcnts. Authorization. All panics to this concoct agree that the representatives are. in fact, bona fide and possess full and complete authority to bird 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 term and conditions annexed hereto or incorporated heeia by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejectnl. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to am%c on your promised delivers, date as noted. Time is of the essence. Delivery and perforance must be effected within the time stated on the purchase order and the detamcnts a0ached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event crusty delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option of placing this order clsew hem .ad holding the Seller liable for damages. Hnwcven the Seiler shall not be liable for damagcs as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. such act of God, acts of civil or military authorities, governmental priorities fires, strikes. Bad, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within fire (5) days of the time when the Seller for received knowledge thereof. I the event of any such delay. the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and perfommM 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 harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. 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 timers may be prescribed by law or by the terms ofany applicable watanty, provided by the Seiler after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect at defective work done or materials famished by the Seiler. Acceptance or use of good by the Purchascr shall not constimtc a naivvr ofany claim under this warranty. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing nmmnne, or guamntces, but such liability shall in no event include loss of profits or loss of ase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal term, 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 form 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 ofpeformanee hereunder, an equitable adjustment shall be made. b. 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 panics as m 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 goods andtor work, for incidental or consequential damages, and that no such adjustment he made in favor afire Seiler with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchascror the Seiler of any ofthcir obligations as to any goods delivered heemder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days From the date the change or (emanation is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable Ines 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hforlms form all costs and damages suffered by the Purchaser its a result of the Sellers failure to comply with such Irv. 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 parry. 10. TITLE. The Scllcr wamnts fill, clear and unrestricted title to the Purchuscr for all equipment, materials, and items furnished in performance of this agreement. fice, and clear of any and all liens restrictions, nexcnations, security interest encumbrances and claims o'others. The Seller shall release the Parehascr and its contractors of any net from all liability and claims of any nature resulting from the perfnmmanee ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall cstcnd to the directors, officers mad employees ofsuch puny. The Sellers contrnetnnl obligations. including wamnty, shall not be deemed to be reduced, in any way, because such work is perfommM or caused to he performed by the Purchaser. 14, PATENTS. Whenever the Seiler is required to use tiny design, device. material or process covered by letter patent, trademark car enpyright, the Seller shall indemnify and save harmless the Purchaser form 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 Purchascr for any cast, expense or damage which it may be obliged to pay by mason ofsuch infringement at any time during the prosecution or after the completion of the 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 pan is enjoined, the Seller shall, at its ram expense and at its option, either procure for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hermit of creditors, appoint a receiver or trustee for any of the Scllcrs pmperty or basincxr. this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW, The definitions.ftemu used or the interpretation critic 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 Seiler is In performs work hereunder. including the sen'iecs or Scllcrs Rep escnlative(s), can the premises nfcthers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work candler materials before Sellers final completion and acceptance, complete the work at Sellcr's own expense and to the satisfaction of the Purchascr. When materials and equipment are furnished by others for installmion or erection by the Seller. the Seller shall receive, unload. store and handle same at the site tied become responsible therefor as though such materials and/or equipment were being furnished by the Seller undo the order, IR. 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 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 bMily injury and death limits of at least S300.000 for any one person. 5500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contactors, irony. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inamncc have been Provided. Such certifucams shall specify the date when such compensation and insurance expires, The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work i... muleted 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 union, whatsoever to persona or property caused by or resulting from the execution ofthc work provided for in this purchase onto or in connection herewith. The Seller will indemnify mud hold hamiless the Purchascr and any or all of the Purchasers officers, agents and employees gram and against any and all claims, Imscs. damagcs, charges or expenses, whether direct Or indirect and whether to persons or property to which the Purchascr moy he put or subicn by reason of any net. action. neglect. omission or default on the part of the Seller, 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 Purchascr, or its officers, agents or employees at any time on account or by reason of any act, action, acglcct omission or default of the Seller crafty of his contractors or any of its or their olTicm., agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same cat the Sellers Own expense, to pay any and ull costs, charges, anorcys fees and other esperocs, any and all judgments that may be insured by or obtained against the Purchase or any of its or their officers, agents car employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchuscr. or said panics in or as a result of such suits or other proceedings, the Seiler will at once cause the same to he dissolved and discharged by giving bond or othcnvisc. The Seller and his contractors shall take all safety precatlinns, furnish and install all guards accessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Ilcallh Act of 1970 and all m lce and regulations issued pursuant Ihemm, Res,iscd 032010