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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9123133PURCHASE ORDER PO Number Page City Of 9123133 ' of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/30/2012 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: 05/30/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Storm Sewer - Intersection of 1 LOT EA 177,663.00 Mulberry & Mason then north along Mason about 235 feet (Construction & Design) Total $177 UInvoice 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 Ordcr Tenns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptioms. By statute the City of Fort Collins is exempt firm <I.t,..d local taxes. Our Exemption Number is 98-N502. Federal Excise Tax Exemption Ccr ificmc of Registry 94-6000557 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stamtex 1073. 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 returned to von for credit and are not to be replaced except upon receipt of written instructions firm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on i mival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure or dcl v to 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 hereunder or approval ofthe design, shall not release the Scllcr of any of the n nounio, or obligations of this purchase order and shall not be dccmnl a waiver of any right ofthe purchaser to insist upon strict perfnmancc hcrcnforany of its rights or remedies as to cam such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purnoned oral modification or ma,mioa of this purchase older by the Purchaser Operate as a waiver of any ol'the toms heeof. 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 in he torom.tood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCF. PTA NCR is dcpcndcnt upon completion of a I I applicable required inspection pmccilu rcs. violations me in fact burnt by the Rucheser. Theremfrm. for grind cause and is consideration for executing this purchase older, the Scllcr 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 Wood St.. Fort Collins, CO 50522. unless acquired tinder federal or state antitmst 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 original freight purchased or acquired by the Purchaser 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 manufacturers have distributing points in various pans of the country, shipment is Tribe Purchaser direct, the Seller to correct nonconfnming or defective good, bya date to be named ,Pon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Seller thereafter indicrtes its inability or unwillingness to comply, the Purchaser shipments arc made front greater distance. may cause the work to be perforated by the most expeditions means available to it and the Scllcr shall pay all costs nssociamd with such work. Permits. Scllcr shall procure at sellers sole cost all necessary Permits. eenifieams and licenses required by all applicable laws, regulations. ordinances and rules ofthe state, municipality, territory Or political subdiv ition where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr funhcr agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of can asserted or established violation of any such laws, regulations, onlinnneca, roles and requirements, Authorization. All panics to this contract agree that the representatives ate, 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 hrreia set forth and anw supplementary or additional terns and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rilccicd. Z DELIVERY. PLEASE ADVISE PURCHASING AGENT immediatdv if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and perforaance must he clRcted within the time stated on The parchasc order and the documents attached herein. NO acts of the Purchasers including, without limitation, acceptance of partial ]arc deliveries, shall opente as a waiver of this provision. In the event ofnnv delay. the Parchascr shall have, in addition to other legal and equitable remedies, the option of pincing this order elsewhere and holding the Scllcr liable for damages. However. the Scllcr shall not be liable for damages as a result of dclnys due to crusts not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligenee, such acts of God, act, ofcivil or military authorities, governmental prfarfties, fines. strikes. Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Parchascr within fee (5) days ofthe time when the Scllcr first received knowledge thereof. In the event orally 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 Scllcr wamnt, that all gal, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of care and competence in accontince with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harades, fmm any loss, damage or expense which the Purchaser any su Rcr or incur on account of the Scllcrs breach of wimnty. The Scllcr shall replace, repair of make good, without east to the purehaser, any defects car faults arising within one (H year car within such Imager perind of time as maybe prescribed by Law or by the 1cmxx of any applicable warranty pmvidcd by the Scllcr after the date of acceptance of the good famished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect or defective work done or mntvials furnished by the Scllcr. Acceptance or use of gook by the Purchaser shall not constitute a wan,, of any claim under this warm.aty. Except as otherwise pmrided in this purchase ordcn the Sellers liability hereunder shall extend to all damages proximately eaawed by the breach of any of the foregoing wamnties Orgummuccs, but such liabilityshall in noment include loss ofprofits or loss arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by w- inert change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. Other than legal terms, including additions to or dcloinns from the quantities originally ordered in the specifications or drawings. by verbal Or written change order. If any such change affects the amount duc or the time ofperif rmanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. tcminam this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work Or materials then in progress pmrided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted Portion Of the goods and/or work, for incidental or consequential damages, and That no such adjustment he node in favor ofthe Scllcr with respect to any good which arc the Scllcrs standard! stock. No such termination shall rclicve the Purchaser or the Scllcr of any of their obligations as to any goods ddiwcred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr wamats that all goods sold hacunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the grads are subject The Scllcr shall execute and deliver such documents a may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indenmify and hold the Purchaser hamlcss From all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Ncirha party shall assign, transfer, or convey this order. or arty monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr warrant, full, clem and unrcstrictcd tide to the Purchaser forall equipment, materials. and items fuished in perfornomcc of this agreement, free and clear of any and all liens restrictions, reservations, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors array tier from all linbility and claims of any nature resulting from the pcdomonce ofsach work. This release shall apply even in the event of fault of negligence of the party' released and shall extend to the directors. offecrs and employees ofsuch party. The Seller's contractual obligations, including wamnry, shall not be decreed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr 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 front any and all claims for infringement by reason of the use of such patented design, device, material or pmccss in connection with the contract. and shall indemnify the Purchaser for anv cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prscculion or after the completion ofthe work. In case said equipment, or anv part thereof or the intended use of the glands, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its own expense and at its option, either pmcure fOr the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equip ecru, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or binknipt, make an assignment for the henefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Parchascr without liability. 16. GO V ERNING LAW, The definitions of terns used or the interpretation ofthe agreement and the rights ufall panics hacunder shall be consumed under and governed by the laws ofthe State of Colondo. USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work hereunder. including the sravicc, Of Scllcr, Representative(,), oa the fare nti,es ofethcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcr', 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 Seller's final completion and acceptance, complete the work at Scller's own expense and to the satisfaction of the Parchascr. When materials and equipment are famished by others for installation or erection by the Scllcr. the Scllcr 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. IS. INSURANCE. The Scllcr shall, at his own c,,pcns, provide far the payment of workers compensation, including Occupational disease benefits, in its employees employed can or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes ardor state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability in.wuanee with bodily inimy and deoh limits of at leis, S300,000 for any one person, S500.000 for any one accident and pmpcny damage limit per accident of S400,000. The Scllcr shall likewise require his contractors, Batty. to pmvidc for such compensation and insurance. Before any of the Scllcrs Or his contractors employees shall do any work upon the premises of mhcrs, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Stich certificates shall speeif the date when .such compereaLion and insurance have becn provided. Such ccnificalce shall specify the dntc when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller herebv.assumes the entire responsihilityand liability for any and all damage. loss or injury crime kind Or..lure whatsoever in persons or properly caused by or resulting (ram the execution ofthe .work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers o0icem, agents and employees fmm and against any and all claims, losses, damages. charges or expenses. whether direct or indirect. and whether to persons or property, to which the Purchaser may be pun or subject by reason orally act, action, neglect omission or default on the part of the Scllcr. any of his contractors, or any of the Sellers or contractors nmcem. agents or employees, In case any suit 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 Scllcr of any of his contractors or any Of its or their officers. agents or enirloyecs as aforesaid, the Scllcr hereby agrees to assume the defense thcrcol' and to defend the same el the Sellers own expense, to pay any and all costs, charges, anont fees and other expenses. any and ill judgment that may be incurred by Or obtained against the Parchascr or any of its or their officers, agents or employees in such suits or other pmcecdings, and in case judgment or other lien be placed upon or obtained against the pmpcny of the Purchnscr. or said panics in or as a result of such suits or other pmecedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or onccnvise. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including. bill without limitatim, the Occupational Safety and Health Act of 1970 and call mlcs and regulations issued pursuant fl cwm. Rceiscd 0312010