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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9121299 (2)City of art Collins Date: 06/07/2012 PURCHASE ORDER PO Number Page 9121299 1of2 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: 03/05/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Ordered Extended Price 2 Peterson/Locust 16" Repair 1 LOT EA 30,992.45 co #c-1 Total $30,992.45 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 Il, 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 Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt Arm state and local taxes. Our Exemption Nnmher is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-N)fN)587 is registered with the Collector of Failure of the Purchaser to insist Upon strict performance of the terms and conditions hereof, Failure or delay to Internal Revenue. Denver, Colemdo (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any right mpr or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acecpuaee ofor payment for goods hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or duc to defects of any of the warranties or obligations of this purchase order and shall not he dccmed a wniver ofany right ofthe damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of wrinen Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of FortCollins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported om1 modification Or rescission of this Purchase order by the Pumhascr operate as a waiver Of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hamf. 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. Hoaevcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B.. City of Fort Collins, 700 Wood St.. Fan Collins, CO 96522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permit ion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser poawant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. U. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnnufaeturcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Imnice when Purchaser and the Scllcr, and the Seller thcrcaficr indicates its inability or unwillingness to eompiv. the Purchnscr shipments are made from greater distance, may cause the work to be perfOrmcd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permit. Seller shall procure an sellers sale cost all necessary permit, certificates and licenses required by all applicable laws, regulations, ordinances and miss ofthe state, munieip lily, territory or political subdivision where the work is performed, or mquired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funhcr agrees to hold the City of Fort Collins hamiless from and against all liability and loss incurred by them by reason of an asserted or established violation of anv such laws, regulations. ontin Suers. miss and requirements, Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fn th and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcfcrcnce. Any additional or different toms and conditions proposed by seller am objected sound hereby rjeced. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be etfced within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of.'nry delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpincing this OnIcr clsewhviv 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 oftegligenec. such acts of Gad, act fcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemic., wars or riots Provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay, the date of deliver' shall be extended for the period equal to the time actually lost by reason ofthe delay. J. WARRANTY. The Seller ws mmss that all grads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam 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 Pu¢hnser mry,WTer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, rcpnir or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer peond of time as may be prescribed by law or by the rant of any applicable warranty provided by the Seller super the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guamntccs. but such liability shall in no event include loss of profit 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 tans by written change ortcr. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmwings, by .erbal Or wrinen change oiler. If any such change affect, the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, nominate this agreement as to any or all portions of the gat then not shipped, subject to any equitable adjustment bctwnn the panics as to anv work or materials then in pmgmsa provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages. and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No .such termination shall relieve the Purchaser Or the Seller of any of their obligations as to any goods delivered hacnnda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is Ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been Produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements, of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnscr hamlc,s from all costs and damages suffered by the Purebmser ns a result ofthe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither pant shall assign, mnsfcr. or eonoo v this order, or any monies due Or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Sellmyamnt full. cicerand unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, mscmutions, security interest crrcumbmacc, and claims ofodors. The Seller shall release the Purchaser and its contractors of anv tier fmm all liability and claims of any nature resulting front the performance of such work. This release shall apply even in the event of fads of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller', contractual obligations, including warm. my. shall not be decried to be reduced, in any way, because such work is performed Or caused to be perfommd by the Purchaser. IT PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Icncr, patent. trademark or copyright, the Seller shall indemnify and save hamlcss the Purchaser from anv and all claims for infringement by reason of the use of Such patented design, device. material or peaces in connection 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 prosecution or su cr the completion of the work. In case said equipment, or any pan thereof 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 procure for the Purchaser the right to cartinuc using said equipment or parts, replace the .same with substantially equal but nnninfringing equipment. or modify it so it hscornes nnninfringing. 15. INSOLVENCY. If the Seller shall became 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 forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, of terms used or the interpretation ofthe agreement and the rights Ofn11 panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller i.e. to perfomt work hereunder, including the.services ofSellers Rcprescntnove(s), on the premises efothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shill 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 Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, ,tore sad handle same at the site and become responsible them For as though such materials and/or cquipmcru were being furnished by the Seller under the order. 19. INSURANCE;. The Seller.shall, of his own expense. pmvidc for the payment of workers compensation, including occupational disease benefits. to its employees employed no or in connection with the work covcmd 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, but not limited to, contractual and automobile public liability insurance with bodily injury and dents limit of at least S300.000 far 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 pmvidc for such compensation and insurance. Before any of the Sellers or his contractors cm,I.yccs shall do any work upon the mcmi,c, Of others, the Seller shall furnish the Purchaser with a certificate 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 as,unws the entire m,p nsihility and liability for any and all damage, loss or injury of any kind Or nature whatsoever to persons Or property caused by or resulting front the execution ofthe work provided for in this Purchase .,is, or in connection here, ith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers, 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 put or subject by reason of any act, action, neglect, omissinn or default sun the .an Of the Scllcr, any of his contractors, or any Of the Sellers or eOntmnOrs Officers, agents or employees. In case any snit or other proceedings .doll he brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any net, action, neglect, emission or default of the Seller ofany of his contractors or any of its Or their ofcers, agents or employee, as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expenses, any and all judgment 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 pmperty of the Purchnscr. or said parties in or as a result of such suits or other proccedings. the Set 1cr will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The SO ter and his contractors shall take all safety precautions, furnish and install all guards necessay for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised 63/2010