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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9121299PURCHASE ORDER PO Number Page City Of 9121299 1 of z `t Collinshis number must appear ' 1on all invoices, packing slips and labels. Date: 03/05/2012 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: 03/05/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price I Peterson/Locust 16" Repair 1 LOT EA 73,510.00 W.O. Connell-2012 Total $73,510.00 97x� 1 llL-c- 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 ll, 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 Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By statute the City of For Collins is exempt Farm state and local taxes. Our Exemption Number is 11. NONIVAIVER. 98-04502, Fecicml Excise Tax Exemption Cenifcatc of Registry 94-60005S7 is registered with the Collector of Fatlam of the Purchaser To insist upon strict performance, of the terms and conditions hereof. failure or delay to IAtfmal Rcvenic, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 3q-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmpTly notify the Scllcr in the emit of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goals Rejected. GOODS RUECTED due to failure to Omer specifications, cisha when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of The damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist tPon strict performance hmreofm any of its rights Or remedies as to any .such goods, regardless instructions forms the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported m1 Oodificatinn or rescission of this purchase order by the Purchaser operate As a waiver of Any of the tams Inspection. GOODS arc subject to the City of For Collins inspection on Arrival, hereof. Final Acceptance Receipt of the ntemhnndke, seniea or equipment in response In this order can resort in 12, ASSIGNMENT OF ANTITRUST CLAIMS. Authorized payment no the pan Of the City of Fan Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting boom sntitost ACCEPTANCE is dependent upon completion ofall applicable required inspection pmarodurcs, violations arc in fact borne by the Purchaser. Therctnfore, for good cause and as consideration far executing this purchase enter, the Seller hucby Assigns to the Purchaser any and all claims it may now have ear hereafter Freight Teams. Shipments most be F.O.H., City of For Collins, 7M Wood St.. Fen Collins, CO 50522. unless Acquired under federal or state antitrust laws for such overcharges Ocl Ling to the Particular goods or seniecs otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight ptnchAscd or Acquired by the Purchnscr 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 mannlncmrc6 have distributing points in various pins of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by n date to be agreed upon by the expected forms the nearest distribution point to destinatian, aril escess freight mill be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller Thereafter indicates its inability erunwillingness to comply, the Purchnscr shipments arc made fmm gloater distance. may cause the work to be perfomcd by the most expeditions means mailable to it and the Seller shall pay All costs associated with such work. Permi6. Scllcr shall procure At sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and mlcs 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 For Collins harmless farm and against All liability and Imps incumJ by them by reason of an ossencd or established violation of any such laws, regulations, ordinances, mlcs and rcgnircumat. Authorization. All parties to this contract agues, that the representatives are. in fact bona fide and possess fill and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms And conditions stated herein set forth and any supplemcaam or additional ones and conditions annexed beeto Or incorpemted herein by reference. Any additional or different terms and conditions proposed by seller Are objected to and hereby rejected. a_. 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 Ddiwery and perfnmance must be effected within the time stated on the purchase order and the documents anechcd hcmm. No acts of the Purchnscr., including, without limitation, acceptance Of pania) late deliveries, shall operate as a waiver of this prevision. In the event ofaay delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. Howavver, the Seller shall not be liable for damages As a result of delay, due to causes not reasonably foreseeable which arc beyond its reasonable control and without its (null of negligence. such acts of Gnd. acts ofci,f or military authorities, govcrumcmal priorities. fins, strikes, Rood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) dais of the time when the Seller first mccivcd knowledge thereof. In the event of any such delay, the date of delivery shall be extended for The period equal to the time actually lost by reason ufthe delay. 3, WARRANTY. The Seller warrants that All good, articles, materials and work covered by this order will contomn with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and performed 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 fmm any loss, damage Or expense which the Purchaser may su ITer or incur on Account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, within cost to the purchaser, any defeats or faults arising within one (I) year or within such longer puind of time as may he prescribed by hov or by the terms of any applicable wamnry provided by the Scllcr aficr the date of acceptance Of the grad furnished hereunder (aceepance not to he unreasonably delayed), resulting fmm imperfect ear defective work done or materials famished by the "ter. Acceptance or use of good by the Purchnscr shall not constitute A waiver ofnny claim under this warn my. Exempt as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages pmximately canscd by the breach of any Of the foregoing wnmLows or guarantees, but rich liability shall in no event include loss of profits 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 legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tempt. including additions to we deletions fmm the quantities originally ordered in the specifications or drawings., by verbal or written change noET. If any such change Affect, the ammnt disc or the time Ofpaformance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at Arm time by written change offer, tcminatc this agreement as to any or all portions of the good then net shipped, ndinect to any equitable Adjuslnant her the panics as to any work ear note,mis Then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment he made in favor of the Scllcr with respect many goods .which are the Sellers standard stock. No such wr namion shall relieve the Purchaser or the Seller of am' of their nbligations as in any goods delivered huaoda. 7. CLAIMS FOR ADJUSTMENT. Any claim for Adjustment must be st,wned within thirty (30) drys fmm the date the change or termination is offered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunda shall have been pmduced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to Which The good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations mcgu and to he incorporated in agreements of this character arc hereby inenRuontod herein by this reference. The Seller agrees to indemnify and hold the Purchaser brimless from all costs and damages suffered by the Purchaser as A result of the Sellers Eulnrc to comply with such law. 9. ASSIGNMENT. Neither pan) shall assign. transfer. or convey this order, or any monies due or to become disc hereunder without she prior written consent of the other party. 10. TITLE. The Seller wwLmLos full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfomanee of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims ofnthcrs. The Seller shall release the Porchawr and its contractors of arty tic, fmm all limbility and claims of any nature resulting from the perfmmnnce of such work, This release shall Apply even in the event of fault of negligence of the piny released and shall extend to the directors. officers and camlovees of_sach parry. The Seller's contractual obligations, including warranty. shall not be devoted to be reduced. in any way. hecnns such work is performed or caused to be performed by the Purchaser. 14. PATENTS. WImAcvcr the Seller is required to use any design, device. material or pmccss covered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Farm anv And all claims for infrinecmcat by mason of the rise of such patented design, device, material or process in connection with the contract And shall indemnify the Purchaser for tiny cost. expense or damage which it may be nbligcd to pay by reason ofsaeh infringement At any time during the pmseeution or after the completion of the work. In case aid equipment or any part thcrcofor the intended use of the goods, is in such suit held to constitute infringcumat and the use of said equipment or pan is enjoined. the Seller shall, at its own "Pease And at its Option, either pmenrc for the Purchnscr the right to continue using said equipment or pans, replace the .,'rime with substantially cgnal but noninfringing equipment or modify it ,O it becomes 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 or business, this order may fnrthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitinns of tans used or the interpretation of the agreement and the rights ofall panics hereunder shall be cOA,tnted Order and govemcd by the Incas of the State Of Colorado, USA, The following Additional Conditions Apply only in eases where the Seller is to perform work Immunder. including IF c.sev ices of Sellers Rcpmscntativc(s), on the premises of others. 17. SELLF. RS RESPONS 1111 LITY. The Seller shall carry on said Work at Seller's own risk until the smote is fully completed and accepted, and shall, in ease of any accident, destmction or injury to the work and/or materials before Seller's final complctino and acceptance, complete the work at Seller's own expense and to the satisL etion of the Purchase,. When materials and equipment arc Punished by others or installation or erection by the Seller, the Seller shall receive. natural, store and handle same at the site and become responsible themfor as though such materials And/or equipment Were being Forakh ul by the Seller Linde the order. IR. INSURANCE. The Seller shall, at his own expense, pins ids for the payment of Wnrkers compensation, including occupational disease benefits, to its cmployccs employed on or in connection with the work covered by this pumhasc order. Andlor to their dependents in accordance With the IAws of the state in which the work is to be done. The Seller shall Alm carry comprehensive gmneml liability including, ham not limited to, contractual and automobile public liability insurance With bodily injury and denth limits of at Ica., 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 for such compensation and insurance. Before any of the Sellers or his contractors employees shall do tiny wink upon the premises of others, the Seller shall furnish the Purchaser wish A cerificam that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such cmnpcnsadun And insuonve have been provided. Such certificates shall specify the date when such compensation and insurance expiry.. The Seller agrees that such compensation and insumnce shall be mnimained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby nssvnms the entire responsibility and liability for Any and All damage, loss or injury of may kind or nature whatsoever in persons or pm,,rty caused by or resulting fmm the execution ofthe work provided fin in this purchase offer or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or All of the Purchases, office,,, agenn and cmployccs from and against any and a I I eta nns,'Insscs, damages, charges or cxpcnscs, whether direct or indirect, and whether to persons or poi to mph ich the Purchaser mar he put or suhjeet by reason of any act. Action, neglect, omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other poceedings shall be brought against the Purchases, orits oRccm, agents or cmployccs at any time on Account or by reason of any Act, action, neglect, mnission or default of the Seller ofnny of his contractors or any of its or their officers, amcnts or employees as aforesaid. the Seller hereby agrees to assume the defense thcrcnf and to defend the same at the Sellers own expcnse, to pay nay and All costs, charges, attamcys fees and other cxpcnscs, any and all judgments that may be incurred by or obtained against the purchaser r any of its or their office¢ Agents or emplmres in such suits or other poceedings, and in ease judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at care cause the ..to to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take All safety preeantions, furnish and install all guards necessary for she prevention of accidents, comply with All lases and regulations with regard to safety including. but without limitation, the Occupational Safcty and Health Act of 1070 and all mlcs and regulations issued pursuant ThercTo. Revised 0312010