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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9121897City of art Collins Date: 04/02/2012 PURCHASE ORDER PO Number Page 9121897 1o12 This number must appear on all invoices, packing slips and labels. 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: 04/02/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price CONSULTING SERVICES 1 LOT LS 60,334.00 WEST VINE BASIN OUTFALL Total $60,334.00 U 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collin is exempt from .state and load lazes. Our Exemption Number is I L NONWAI VER. 9A-0-1502. Federal Excise Tax Exemption Certifmate of Registry 94-6000597 is m,air ... d win the Collector of Failure of the Purchaser to insist area strict pefnrmance of the teats and conditions hereof, failure or delay to Internal Rcvenua Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (m). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods her m approval efthe design, shall not release the Seller of Gonds Rejected. GOODS REJECTED due to failure to meet specifications, cithcr when shipped or duc to defects Of any of the o noumi,x nr obligations of this pnrchasc order and shall not be deemed a waiver of any right of the damage in transit. may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercoformy of ils rights or remedies as to any such goods, regardless instmetice, from the City c f Port Collins. of when shipped. received or accepted, is to any prior Or subsequent default hcrcnndcr, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fen Collins inspection on arrival. - hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this older can result in 12. ASS IGNAI ENT OF ANTITR UST CLA M I S. authorized payment oa the pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antimnst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Thercmforc, 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 an ccrea0cr Freight Terms. Shipments must be F.O.R. City of Fen Collins. 700 Wad St., Fen Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the paniculnr goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase orden hill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufieturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the ncarest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most cxpedilime, means available to it. and the Seller shall pav all costs essocimcd with such ,ark. Pernals. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses acquired by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where the ,ark is performed, ar required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agues to hold the City of Fen Collins hamilcss fiver and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances. odes and mquircmcn6. Aulhoriznlion. All parties to this contract agree that the representatives arc, in fact, bona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchose Order expressly limits acceptance to the teams and conditions stated herein set forth and any supplementary or additional temps and conditions annexed hereto or incorporated herein by reference. Any additional or different teams and conditions proposed by seller arc objected to and botchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imreadmaely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is Mthe essence. Delivery and performance must he effected within the firm stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance rf partial late deliveries, shall operate as a waiver f this provision. In the event ofnny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this aver clscwhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, sash acts of God, acts ofcivil or military authontims, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay 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 delivery shill 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 ,ill confumm ,'ilh applicable drawings, specifications. samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work M a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, 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 (I ) 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 Seller ancr the date of acceptance of the goods fnrnishcd hereunder (acceptance not to he unreasnnnhly delayed), resulting from inhperfect or defective work done oar materials finished by the Seller. Acceptance Or use of goods by the Purchaser shall not ennstinne a waiver of any claim under this wwrrdmv. Exccpt as othenvisc provided in this purchase order, the Sc11crs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits Or lass Musa NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mans by written change arder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to at deletions four the g cio itics originally ordered in the specifications or drawings, by verbal or Mneen change order. If any such change affects the amount due or the time of performance hercundca, an cgnita le adjustment shall be made. 6.TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or ill portions of the gratis then not shipped, subject In any equitable adjustment between the panics 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 cords and/or work, for incidental or comsequcmlial damages, and that no such zAiusfman be made in favor of the Seller ,ith respect to say Bands which ate the Sellers standard stock. No such terminution shall relieve the Purchaser or the Seller ofany aftheir obligations as to any goods delivered hervmdcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is onlcmd. A. COMPLIANCE WITH LAW. The Seller warrants that all goods sold httcuader 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 us may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agaccments of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamilcss from all costs and damages suffered by the Parchaser as a result of fhc Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to Inaction, due hereunder without the prior written consent of the other party. 10. TITLE. The Seller womnts full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement, free and clear of any and all Iicas. restrictions, reservations, security interest encumbrances and claims of uthers. The Scllcr shall release the Purchaser and its contractors artery tier from all linbility and claims of any nature resulting five, the performance ofsuch work. This release shall apply even in the event of fault of negligence of the par released and shall extend to the directors, officers and employees of each party. The Seller's contractual Obligations. including warranty, shall nor be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. 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 hamilcss 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 cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thcrcof 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 own expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nrminfringing equipment, err modify it so it Incomes nnninfringing. 15. INSOLVENCY. If the Seller .shall become insolvent err banknpt, make an assignment for the benefit of creditors, append a receiver or trustee for any of the Sellers property or business, this order may ford,ilh be eincdcd by the Purchaser without liability. 16. GOVERNING LAW, The definitions oftemn used err the interpretation ofthe agreement and the rights ofall parties hereunder shall be canstmrd under and greamed by the laws of the State ofColne do. USA. The following Additional Conditions apply only in cases where the Seller is to perfarrm work hereunder. including the services Of Sellers Rep esentative(s). on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller 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 and/or materials before Sellers final completion and acceptance, complete the work al Seller', own expeoe and to the raisfafno of the Purchaser. When maerials and equipment are famished by mhos 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 materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, of his own expense, provide for the payment of wvorkcrs compensation, including occupational disease benefits, to its ctnploycc, employed On of in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, hill net limited to, contractual and automobile public liability iaaur,s nec with bodily injury and death hours of m least S300.000 for any one person. $5og000 tin any One accidentand property damage limit per accident of S400.000. The Seller shall likewise require his con lancers. it in provide for rich compensaion and insurance. Berate any of the Sellers or his contractors employees shall do any work upon the prcmiscs of mhos. nco, Seller shall Rimish the Purchaser with a gem fl atc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have hson provided. Such ecnificatcs shall zpecif, the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hmcby assumes the entire responsibility and liability for any and all damage, Inss or injury afany kind or future wIml x,c, to persons or pmpcny caused by or resulting fmm the execution ofthe work pmvided for in this purchase alder or in connection herewith. The Seller will indemnify and hold harmless the Purchnscr and any at all of the Purchasers offccm, agents and employees (rear and against any and all shims. losses. damages, charges on expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchnscr may be put or subject by noon of any act, action, neglect. omission or default on the pan of the Seller. any M 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 Purchaser. or its oliccrs, agents or employees at any time an account or by reason ofnny Oct. action, neglect, omission or default of the Seller of any of his contractors or any of its or Ihcir officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defence thereof and to defend the,vane at the Scllcrs own expense, to pay any and all costs, charges, aneracy, fa,s and other expenses. any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers. agent or employees in such snits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the pmpcny of ncc Purchaser, at said parties in or as a result ofsuch suits or other pmccedings. the Seller will at once cause the sane to be dissolved and discharged by giving bond or othenvisc. The Scllcr and his contractors shall take all safety precmdions, furnish and install all "Lards mrec,,my for the prevention of accident,, comply with all laws and regulations with regard to safety including. hat without limitation, the Occupational Safetyand Health Act of 1970 and all odes and regulations issncd pursuant thereto. Revised 03/2010