HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9121147PURCHASE ORDER PO Number Page
City Of 9121147 1c,12
' `t Collins This number must appear
on all invoices, packing
slips and labels.
Date: 02/27/2012
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: 02/27/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Bryan- Mulberry Design 1 LOT EA 7,021.00
Total $7,021.00
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
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. He statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
95-01502. Federal Excise Tax Exemption CeniGcatc of Registry 84.fi000597 is registered with the Collector of
Internal Rceenuc, Denver. Colorado (Ref. Colorado Revised Similes 1973. Chapter 39 26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or disc to defects of
damage in transit, may he returned to you for credit and are not to be replaced except upon receipt of wriucn
instruction, tram the City Of Fort Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
11. NONWAPIER.
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 lair, failure to promptly not the Seller in the event Of m
breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict perfonnrncc hercofm any of its rights or remedies ors to any such goods, regardless
Of when shipped, rcccivcd or accepted, as to any prior or subsequent default heramdeq nor shall any purported!
onl mMificnfion or rescission of this purchase Order by the Purchaser Operate as a waiver Many of the terms
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 he understood that FINAL Seller rand the Purchaser recognize that in actual economic pmcticc, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspecion procedures. violations arc in fact borne by file Parehaser. Theretofore, for good cause and a%consideration for executing this
purchase Order, the Seller hereby nxsigns to the Purchaser any and all claims it may now have on ccrca0er
Freight Teens. Shipments must he F.O.B., City of Fort Collins. 700 Wood St_ Fort Collins, CO 90522. unless acquired under federal or state antionsl laws for such overcharges relating to the particular goods or services
Otherwise speciled on this order. If permission is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant 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 manufinciams have distribming points in various parts of the country, shipment is If(he Purchaser directs the Seller In correct nonconforming or defective goods bya date to be agreed upon by she
expected from the nearest distribution point to datinntion. and excess freight will be deducted front Invoice %when Purchascr and the Scllcr, and the SCIIcr thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greater distance. may cause the work to be perfornned by the most expeditious means available to it, and the Seller shall paw all
costs associated with such work.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and vales of the slate, municipality, territory Or political subdivision where
the work is perforated. or remixed by any other daly constituted public authority having jurisdiction over mile work
of vendor. Scllcr Falter agrees to hold the City of Fan Collins harmless form and against all liability and loss
incurred by them by reason of can asserted or established violation of any rich laws, regulations, ordinances odes
and requirements.
Authorization. All panics to this contract agree that the representatives arc, in fact, bona lull, and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expresiv limits acceptance to the terms and conditions stated
herein set forth and s my supplementary or additional rents and conditions annexed hereto or mentioned herein by
reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected.
a_. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your
promised dclivcry date as noted. Time is of the essence. Delivery and pafamance muss be effected within fhc time
stated an the parcham order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptance of partial Intl, deliveries. shall Operate as a waiver of this prevision. In she event of any delay,
the Purchascr shall have, in addition to other legal and equitable remedies, the option Mplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages ass a result of delays
due to causes not mrsanably foreseeable which arc beyond its reasonable control and without its fault of negligence.
such acts of God, acts ofeivil Or military authorities. gowemmcri al prlorilics, fins, strikes. Rood, epidemic,, wars or
riots provided that notice of the conditions causing much delav is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of dclivcry shall be
extended for the period equal to the time actually lost by ¢aeon of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will cots form with appl tenble
drawings, specifications, samples and/or other descriptions given, will be Fit for the purposes intended, and
Performed with the highest degree of cam and competence in xecordtnec with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
purchaser cony suffer or incur on account of thl, Scllcrs breach of oarrnty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within am (I) year or within such longer perim! of
time as may be prescribed by law or by the terms of any uppl icable wurnnty provided by file Seller after the date of
acceptance of fhc goods furnished hcrcnndcr (acecpmncc not to be nnrcusnnably delaye(l), resulting from imperfect
or defective work dame or materials famished by the Scllcr. Acceptance or use of Fonds by tlic Purchascr shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Scllcrs
liability hereunder shall extend to all damages pmximatcly caused by the breach of any of fhc foregoing uumuses
or guarantees. bra such liability shall in no event include log ofprefits Or loss, of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to kcal terms by written change order.
5. CHANCES IN COMMERCIA I. TERMS.
The Pamhawr may make any changes to the terms, other than legal term. including additions to or deletions form
the quantities originally Ordcied in the s,mssfcations or drawings, by verbal or v;inca change mdcr. If any such
change affects the amount due car the time ofperfomtance hereunder, an equitable adjustment shall be made.
fi. 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 to any work or materials then in
progress provided that the Purchaser shall Or he liable for any claims for anticipated profits can the uncompleted
portion of the goods and/or work, for incidental at consequential damages. and that can such adjustment he made in
favor of the Seller with respect to any goods which arc the Sellers stradmil strick, No soh termination shall relieve
the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within (him' (30) days from the date the change Or mrounmion is
nrdcted.
S. 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 Imvs and regulations to which the goods are subject. The Seller . hall execute and
deliver such documents as cony be required to effect or edifice compliance. All laws and regulation, 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 harmless fmm all costs and damages suffered by the Purchaser as a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither party shall nsign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior oilmen consent of the other piny.
10. TITLE.
The Seller warrants full, dear sad umcsmicrcd side to the Purchaser far all equipment, materials and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest
encumbrances and claims of others.
The Seller shall rcicasc the Purchascr and its contractors of anv tier form all liability and claims of any namre
resulting from the performance nfsuch work.
This release shall apply even in the event of fans of negligence of the parry released and shall extend to the
directors, officers and employees of such party.
The Seller's contracturl obligations, including wemnry, shall not be deemed to he reduco . in any way, because
such work is performed or caused in be perfomwd by the Purchascr.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or pmccss covered by later. patent, mademark
or copyright. the Scllcr shall indemnify and save harmless the Purchaser form any and rll claints for infringement
by reason Of file use of smh patented design, device, material or process in connection with the eontow. and
shall indemnify the Purchaser for any cost, expense ru damage which it vary be obliged to pay by reason Msudt
infringement at any time during the prosecution or after the completion Mthe work. In come said equipment, or
any pan thereof or the intended use of the gents, is in such snit hill to constitute infringement and the ase of
.said equipment or part is enjoined. the Seller shall, at its own expense .and at its Option. either procure, for the
Purchaser the right to continue using said equipment Or parts replace the same with substantially equal bra
noninfringing equipment, or nmdify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seiler shall become insolvent or brakmpl, make an l signment for the benefit of creditors, appoint a
receiver Or tmsum for any of the Sellers property or business. this order may forthwith be canceled by the
Purchascr without liabilirv.
Ib. GOVERNING LAW.
The deEnifions ofterm, used Or the interpretation of the rgreemcns and fhc rights ofa II panics hereunder shall be
construed under and governed by the Lows ofshe State of Colomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to peffom work hereunder,
including the services of Sellers Represcroolve(s), on the premises ofothen.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work of Seller's Own risk until the same is fully completed and accepted and shall.
in case of any accident. destruction or injury to the %vork and/or materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purahawn When materials
and equipment arc famished by Others for installation or erection by the Scllcr. the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such mnderizls and/or equipment
were being furnished by the Sella under the order.
Is. INSURANCE.
The Scllcr shall, of his on expanse, provide for the payment of workers campcnsrfinn, including ocaupaliatml
disease benefits. to its employees entplOyed can or in connection with the work covered by this purchase rude,.
and/or to their dependents in accordance with the laws of the star, in which the work is to he done_ The Seller
shall also carry comprehensive general liability including, bill not limited to, contractual and rutnnmbile public
liability insurance with bodily injury and dr.4 limits Of at least S300.000 for any One person, S500.0mn for any
one accident and property damage limit per accident Of S400,000. "fhc Seller shall likewise require his
contnaom, it. sty, to provide for ,such compensation and insurance Before any of the Sellers or his contractors
employees shill do any work upon the premises of others. the Seller shall furnish the Purehnxer with a ccr ificnte
that such compowition and inwoancc have been pmvidcd. Stich certificates shall specify the (laic when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance empires. The Seller 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 f r any and all damage. Ins, Or injury Of any kind
or nnturc whatsoever to persons or property caused by or rcmolting form the execution of the work pmvidcd for in
this purchase order or in connection traces ith. The Seller will indemnify and held harmless the Purchaser and any
or all of the Purchasers officers, ng"Is and cmpinyccs (milt and against any and all claims, losses. damages.
charges or expenses. whether direct or indirect, and whether to pewits Or pmperry to which the Purchaser may
be put or subject by reason Of any act. aclion. ncglcct, omission or default on the pan of the Seller, any Of his
contractors, Or any of the Sellers or contractors o@cco, agents or employees. In case any suit or Other
proceedings shall be bmtght ngninsl the Purchascr, or its Officers, agents Or employees at any time can account Or
by reason of any act, action, neglect, omission car default of the Seller of any of his contractors or anv of its or
their olfuccm. agent% or employees as aforesaid, the Seller hereby agrees to assume she defense thereof and to
defend the same el the Sellers own expense, to pay any and all costs, chug s. s moneys fees and other expenses.
any and all judgments that may be incurred by or obtained against the Pumhamr or any of its or their officers.
,agents or employees in such suits or other proceedings and in ease judgment or Other lien be placed upon or
obtained against the property of the Purchascr. or said parties in or as a result ofsuch snits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or Otherwise. The Seller mill
his contractors shall take .I1 safety precautions, furnish and install all guards necessary for the pm%cnlion Of
accident,. comply with all Imes and regulations with regard to safety including bill without limitation. (he
Occupational Safety and Health Act of 1970 and all ndes and regulations issued pursuant thereto.
Revised 03/2010