HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9121897 (2)PURCHASE ORDER PO Number Page
City of 9121897 ' of 2
`t Collins This number must appear
on all invoices, packing
slips and labels.
Date: 04/0212012
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS Colorado 80528
C
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 04/02/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I CONSULTING SERVICES
WEST VINE BASIN OUTFALL
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
1 LOT LS
60.334.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
t
Purchase Ordcr Terms and Conditions
Page 2 of 2
I. COMAI ERCIAL DETAILS.
Tnx exemptions. By statute the City of Fen Collins is exempt from state and meal taxes. Our Exemption Nontbcr is 11. NONWAIVER.
98-04562. Fcdmal Excise Tax Exemption Ccnifiemc of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the mates and conditions hereof, failure or May to
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the accepance ofar payment for goods hereunder or approval ofthe design, shall ,or release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or duc to defects of any of the warmnlics or obligations of this purchase order and shall not be deemed a waiver ofany right of the
damage in transit. may be mounted to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies us many such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, our sholi any purposed
rtal roodifration or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms
Inspection. GOODS arc subject to the City of Fos Collins inspection on arrival. 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 pas of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE, is dependent upon completion ofall applicable required inspection pmcedtucs. violations are in fact home by the 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 Tcros. Shipments must be F.O.B.. City of Fort Collins, 70) Wood St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust Innis for such overcharges relating to the particular goods or scrviees
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acgnircd by the Purchaser pursuant to this purchase order.
hill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers 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 nearest distribution point to i cstinmion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller theraancr indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greater distance. may cause the work to be perforated by the marl expeditious means available to it, and the Seller shall pay all
touts nssnci.tcd with such work.
Permit. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the state. municipality, tenitory or political subdivision where
the ss'ork 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 Fos Collins harmless (ram and against all liability and loss
incurred by them by reason of an asiened or established violation of any such laws, regulations, ordinances. cola
and requierm nts.
Authorization. All parties to this contract agree that the reprewaativcs are. in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any, mpplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. 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. Delivery and performance must be effected within the time
stated on the Purchase order and the documents attached hereto. No acts of the Parchoscrs including, without
limiation, acceptance of partial late detiveries, shall operate as a waiver of this prevision. In the event crony 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. However, the Seller shall not be liable for damages as a result of delays
due Ie causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofueglipcnec.
such acts of God, acts ofcivil or military authorities governmental priorities. fires, strikes, need, epidemics. yours, or
riots pmvidcd 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. I the event of any such delay, the date of delivery shall be
extended for the period equal to the time actrat By lost by reason of the delay.
3. WARRANTY.
The Seller wavant that all goods articles, materials and work covered by this oiler w'i 11 in. foam with applicablc
drawings, specifications samples and/or other descriptions given, rill he fit for the purposes intended, and
perfomtM 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 loss, damage or expense which the
Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Scllcr shall replace, repair or make
good. without cost to the purchaser. any defects or faults arising within One(]) ycm or within such longer period of
time m maybe prescribed by Iry err by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not lobe unr smi1bly delayed), resulting from imperfect
or defective work done cr materials furnished by the Scller. Acceptance muse of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereundershall extend to all damages proximately caused by the breach of any of the foregoing warranties
to guarantees, but such liability shall in ancient include lossof profits or lossof 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 written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal terms, including additions in or deletions Item
the quantities ndginally ordered in the specifications or drammgs. by verbal nr written change order. If any such
change affects the amount due or the time ofperfounance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purehucr 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 equiablc adjuttment betweca the panics m 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 goods and/or work, far incidental or consequential damages, and that no such adjustment be made in
Ewer of the Seller with respect to any goods which arc the Sellers standard stock. No each termination shall relieve
the Purchaser or the Seller of any of their abligations as to any goods delivered hcrcanda.
7. CLAIhIS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Scllcr warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with ull applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be
imcorramo ed in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Scllcrs failure to comply wifi such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITL E.
The Seller wantnts full, clear and unrestricted title to the Purchnscr for all cquipmcnt, iranam Is, 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 release the Purchaser and its contractors of any net from all liability and claims of any nature
resulting from the perfommnce ofsuch work.
This release shall apply even in the event of fadt of negligence of the pate, released and shall extend to the
directors, officers and employees ofsuch parry.
The Seller's continual obligations, including womnty, .shall not be deemed to be reducM. in any way, because
such work is performed or caused to he p ufommed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by Irner, patent, trademark
or copyright, the Sellershall indemnify and save harmless the Purchnscr from any and all claims for infringement
by reason of the use ofsuch patented design, device. naterinl or process in counceimm with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the presccution or flier the completion of the work. In case said equipment. or
any part thcrenf ar the intended use of the goods, is in %rich suit held to constinte infringement and the use of
said equipment or pan is enjoined. the Scllcr shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nnninfringing equipment, or malifv if so it becomes nonin0inging.
15. INSOLVENCY.
If the Scllcr shall become insolvent or bon curd, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Pureha.cr without liability.
16. GOVERNING LAW.
The defmitiens oftcros used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be
consumed aide, and groaned by the lows writhe Slate of Crlomdn. USA.
The Follasving Additional Conditions apply only in easy where the Seller is to perform work hereunder.
including the services ofSellers Rcprescntative(s). on the premises ofahers.
17. SELLERS RESPONSIBILITY,
The Scller 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 at Seller's men expense and to the satisfaction of the Purchnscr. When materials
and equipment are famished by others for installation or cuticima by the Seller. the Seller shall receive, unload.
sure and handle more at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his own expense provide for the payment of workers canmpensafion, including occupational
disease bcncfit. to its employees employed an or in connection with the work cm'em1 by this purchase order,
,and/or In their dependents in accordance with the Imvp of the state in which the work is to be done. The Seller
shall also tarty comprehensive Facml liability including, but not limited to, contractual and automobile public
liability insurnnee with Food, injury and death limits of at least S300,010 for any one person. S50a.000 for any
one accident and poperty damage limit per accident of S400.000. The Seller shall likew'ise require his
contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premiss of others, the Scller shall famish the Purchaser with a certificate
that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such
campensation and insuranm have boon pmvidcd Such ccnificatcs shall specify the date when such compensation
and insurance expires. The Scllcr agrees that such compensation and insmmuce shall be mainmincd until aficr the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsihility and liability for any and all damage. loss or injury ofany kind
or nature whatsoever to persons or property caused by no resulting form the execution of the work pmvidcd for in
this purehnsc order or in connection hcrew'ith. I lie Seller will indemnify and hold harmless the Parelta%ef and any
or till of the Purchasers officers, agents and cntployccs from and against any and all claims losses, damages.
charges or expenses, whether direct or indirect. and whether to persons or preperty to w high the Purchnscr may
be put or subject by reason of any act, action, neglect. emission or default on the pan of the Scller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
pmccedings shall be brought against the Purchaser, or its effects, 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
Ihcir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sclfers own'.'pcnsc, to pay any and all costs, charges, attomgs lees 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 proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, 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 and
his contractors shall take all safety preenutions, furnish and install all guards necessary For the prevention of
accidents, comply with all Imes and regulations with regard to safety including. but without ]initiation, the
Occupational Safety and Ilculth Act of 1970 and all odes and rc nihitions issued pursuant thereto.
Revised 03/2010