HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9121244PURCHASE ORDER PO Number Page
City Of//�� 9121244 1 °f z
`t Collins This number must appear
on 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: 03/03/2012
Buyer:
OPAL DICK
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Choice Center Waterline
1 LOT
EA
28,640.00
Stuart to Spring Creek
Total
$28,640.00
C3. O✓l�sQ.�—
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 Ordcr Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
99-01502. Federal Eseise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector Of
Internal Revenue. Denver. Colorado (Ref. Colorado Rev ised Statutes 1973. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit may be rcmmed to you for credit and are not to be replaced except upon receipt of wrillcn
instmetions fmm the City of Fort Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon .strict Performance of the terms and conditions hereof. failure or delay to
exercise any rights or remedies pmvidcd hcrcin or by law, failure to promptly notify the Stiller in the event of a
breach. the acceptance ofm payment for goods hereunder m approval of the design, shall not release the Seller of
any of the To raw, or obligations of this purchase order and shall not he decreed a waiver of any right of the
purchaser to insist upon strict performance herenformy ofits rights or remedies as to any such grads, regardless
of whin shipped, received or accepted, as to any prior or subsequent defmdt Immarder, nor shall any purported
on] modification or rescission of this purchase order by the Purchaser operate as a waiver of tiny of the lams
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this Order Can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS,
authnrimd payment on the putt of the City of Fort Collins. However. it is to he understood that FINAL Seller moil the Purchasm recognize that in actual economic practice, overcharges malting from antitrust
ACCEPTANCE is dependent uptro completion of all applicable required inspcoina procednres. violations are in fact borne by fle Purchaser. Theretofore. 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 must be F.O.B.. City of Fort Collins. 700 %Vend St.. Fun Collins. CO 90522. unless acquired under federal or state antitrust laws 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 ongind freight purchased cr acquired by the Purchaser pursuant to This purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance Where manufacturers have distributing points in various pans of the country. shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made fmm greater distance.
Permits. Seller shall pressure at sellers sole cost all neecscary permits, certificates and lieciaw, required by all
applicable laws, regulations. ordinances and rules of the state, municipality, territory or Political subdivision where
the work is performed, or required by anv other duly constituted public authority, having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hari fmm and against all liability and loss
incurred by them by reason of an accried or established vinlation of any such laws, regulations, onlinancex, odes
and requirements,
Anthorimtion. Ail parties to this contract agree that the representatives are, in fact hones fide and possess full and
completeatalmoty to bind said parties.
LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the terms and conditions stated
herein set forth and any surplemenmry or additional tans and conditionsannexed hereto or incorporated herein by
reference. Any additional rdifficiewt ter ms and conditions proposed by seller arc objected m and lcrehy rejected.
2. DELIVERY.
PLEASE, ADVISE PURCHASING AGENT immediately ifyou cannot make complete .shipment to arrive on your
premised delivery date as noted. Time is of the essence Delivery and performance must be effected within the time
stated na the poncl aw order and the documents attached hereto. No acts of the Purchasers including. withnut
limitation, acceptance Of partial late deliveries, shall operate is a waiver 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 clse,lue¢
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to carries not reasonably foreseeable which am beyond its reasonable control and without its fault ofncgligcnce.
such acts of God, acts Ofcivil or military authorities. governmental priorities, rims, strikes. Rood, epidemics. wars or
riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the
time when the Seller first received 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 of the delay.
3. WARRANTY.
The Seller warrants that III goods, articles. materials and work covered by this order will conform with applicable
drawings, specifieatiorej amples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in necoldancc with accepted standards for work of a
similar nature, The Scllcr agrees to hold the purchaser harmless frontany loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace. repair m make
good. withonn cost to the purchases any defects or faults arising within one (1) year or within such longer period of
lime as may be prescribed by law Or by the tcmlS ofenv applicable wvmnty pmvidcd by the Scllcr after the date of
acccptancc of the goods fumishcd hueunder (acccptancc not lobe unreasonably delayed), resulting form imperfect
or defective work done or materials furnished by the Seller. Acceptance ro use of grinds by the Purchascr shall not
constitute a wni,cr of any claim under this warranty. E.scept as othenyien pmvidcd in this Pumhasc oldcr.Ihc Scllcrs
liability Immander shall extend to all damages proximately caused by the btcach clarity of the foregoing warranties
orguammocs, but such liability shall in ..event include lac of pmrits or loss of usc. NO IMPLIED WARRAN1 Y
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchascr may make changes to legal mmos by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms other than legal tents, including additions to Or deletions (tour
The gnamilies originally ordered in the specifications or drawings, by verbal or written change older. If any suds
change affect the amount due Or the time of Performance hereunder, an equitable adnstnent shall be made.
fi. TRRMINATIONS.
The Purchascr may m any time by written change order, continue 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 Ilien in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good and/or work. for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any grad which arc the Sellers standard smeL No such termination shall relieve
the Purchaser or the Seller of imy taf their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within flury LnB days firm the date the chance or mortinalina is
Ordered.
S. COMPLIANCE WITH LAW.
The Seller ,,mats 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 arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he
incorporated in agreements of this character arc hereby incorporated herein by this refitmacc. The Seller agrees to
indemnify and hold the Purchascr hamdess front all casts and damages suffered by the Purchaser as a result Of the
Scllcrs failure to comply with such Ian'.
9. ASSIGNMENT.
Neither party shall assign, transfer, or coney this order, or any monies due or to become dire hereunder without the
prior written consent of the other party.
10. TITLE..
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in perfnmancc of this agreement, free and clear of any and all liens, restrictions, rescn'ations, security interest
encumbrances and claims of others.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchascrdirects the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Porchaser
may cause the work to be perforated by the must expeditious means available to it and the Scllcr shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting from the performance of 'rich work.
This release shall apply even in the event of frith of negligence of the party released and shall extend to the
direcmrs, offcum and employees Of such party.
The Seller's contractual obligations, including warm cry, shall not he deemed to he reduced, in any way, because
such work is performcd Or caused to be perfonncel hy'the Purchaser.
14. PA TENTS.
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 harmless the Purchaser from 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 far any cost, expense or damage which it may be obliged to pay by reason of such
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 snit held to constitute infringement and the use of
said equipment or pan 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 but
noninfringing equipment. or modify it so it becomes nnninfringing.
15. INSOLVENCY.
If the Seller shall 1w nmc insolvent nr hankmpt make an assignment for the benefit of creditors, appoint a
receiver Or tri for any of the Sellers propeny or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used Or the interpretation of -the agreement and the rights ofall pmnics hereunder shall be
c(nstmed under and governed by the laws of the Slate of Colomdo. USA.
The following Additinnal Conditions apply only in cases where the Seller is to perfomt work heretmder.
including the services of Scllcrs Representative(s). no the premises of others_
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Seller's Two 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 Sclicr's final completion and
acccptancc complete the work at Scllefs own expense and to the satisfaction ofthe Purchases When materials
and equipment arc fumishcd by others for installation or croction by' the Seller, the Seller shall receive. unload.
store and handle .same at the site and became rcsponsihle therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
19. INSURANCE.
The Scllcr shall, at his own expense, provide for the payment of corkers compensation, including meopational
disease benefits. to its employees employed on or in connection with the work covered by this purchmsc order.
and/or to their dependents in accordance with the laws of the slate in which the work is to be done. The Scllcr
.shall also carry comprehensive general liahility including. but not limited to, contractual and automobile public
liability Insurance with bodily injury trod death liar its of of Icast 5?00.000 for any nor percnn. S5On,000 far any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
emurim tus. if any, to provide for such compcamtion :Intl insurance. Before any of the Sellers or his counacmr5
cmployccs shall do any .work .,no the prcnowx ofothcrs, the Seller shall fumish the Purchaser with a ccnificnle
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until 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. loss or injury ofagv kind
or union, whatsoever to persons or property caused by nr resulting from the execution ofthe work provided for in
this purchase orderru in connection herewith. The Seller will indemnify and hold hamiless the Purchaser and any
nr ill Of the Purchaser officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect. and whether In persons Or pmperry to which the Porchtisen nine
he put or subject by reason of any act. action, neglect omission or default on the pan of the Seller, any Of his
contractors. or any Of the Scllcrs or cnmmctnrs alBecm. agents or employees. In case any snit 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 officers, agent or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and in
defend the some tit the Sellers own expense. to pay any and all crisis, charges, attorneys fees and other expenses.
any and all judgments that may be incurred by or Obtained against the Purchaser or any Of its or their officers,
agents or employees in such suits or Other pmccedings, and in case judgment or other lien be placed upon or
Obtained against the property of the Purchases Or said parties 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 bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all goons necessary for the prevention of
accidents, comply with all laws and regulations n'ilh regent to safety including, but without limitation, the
Occupational Safety and Hcalth Act of 19Il1 rand all odes and regulations issued pursuant thereto.
Revised 03/2010