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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9123491PURCHASE ORDER PO Number Page City of 9123491 + of 2 Fort Collins This number must appear on all invoices, packing slips and labels. Date: 06/15/2012 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: 06/15/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Phase 5 construction of 1 LOT EA 70,000.00 utilities along BRT 2 Phase 5 construction of 1 LOT EA 30,000.00 utilities along BRT 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 Total Invoice Address: 100.000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. B,v statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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. 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 acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet .cp"ificadoas, either W hen shipped or due to defects of any of the warranties or Obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mounted to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hccofor any of its right or remedies as to any such goods, regardless instructions from the City effort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purclmse order by the Norhascr operate as a Waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance, Receipt of the merchandise, services or equipment in resporac 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 to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting front animist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller Jacoby assigns to the Purchaser any and all claims it may now have ear hereafter Freight Tents. Shipment must be F.O.B.. City of Fort Collins. 700 Wood St., For Collins, CO 80522, 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 sepamtcly, the original freight purchased cr acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing Will not be nccepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to bcagreed upon by the expected from the notes, distribution point to destination. and cxcas freight will be deducted from Invoice when Purchaser and the Seller, and the Scllcr thcrwaficr 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 expeditious means available to it. and the Seller shall pev all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, territory or political subdivision where the Work is performed, are required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins halt From and against all liability and loss incurred by them by reason of an asserted or established violation Many such laws, regulations, ordinances, rules and requirements. Authorisation. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expreasly limits acceptance to the teens and conditions stated herein set forth and any supplementary or additional term and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller art objected to and hereby rejected. 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 effected within the time stated on the purchrsc order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other Icgal and equitable remedies, the option ofplacing 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 to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligence. such acts of God. acts ofeivil or military authorities, governmental priorities, ftrcs, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (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 all goods, articles, materials and Work covered by this order will conform with applicable drawings, specifiwtinns, .samples and/or other descriptions given, will be fit for the purpases intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for Work of n similar nature. The Seller agrees to hold the purchaser hannles from env loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamaty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Iry or by the tern ofany applicable warranty provided by the Seller aficr 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 war omy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamntces, but such liability shall in no event include loss ofprofits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tent, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or w.imen change order. 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 written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work Or materials then in progress provided that the Purchaser shall not be liable for aw claims for anticipated profits an the uncompleted Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grads which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any grads delivered hermmder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adiustnoot must be issc"cd within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws a" regulations to which the goods arc subject. The Seller shall execute and deliver such cincumeas 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 heroin by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply With such law. 9. ASSIGNMENT, Neither party shall assign, transfer, or coney this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scller warrant 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 liens, restrictions, reservations, security interest cn<umbmnces mad claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such Work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers rend employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is perforated or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to rase any design. device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and sore hnmmless the Purchaser from any and all claims for infringement by reason of the use of inch patented design, device, material Or process 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 once the completion of the work. In case said equipment. or any pan thereto or the intended use of the govelbs, 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 continue using said equipment or pans, replace the same With substantially equal but aminfringing equipment, or modify it so it hocomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or hankmpt, 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 definitions of terns used or the interpretation ofthe agreement mad the rights ofall panics hereunder shall be construed under and governed by the laws ofthc State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perfomi work hcrcunlcr. including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Sellers own risk until the same is fully completed and accepted, and shall. in ease 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 arc furnished by others for installation or erection by the Seller, the Seller shall receive. onload. store and handle same 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 compensation, including occupational disease benefits, to its employees employed on or 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, but not limited to, contractual and automobile public liability insumnee with bodily injury and death limits of at least SaOOJo 0 for any one person. $500JRRt for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the pre nmiscs 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 be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby &sores the entire respnnxibility and liability for any mad all damage loss or injury ofany kind or mmom whatsoever to persons or property caused by or resulting from the execution ofthc Work provided for in this purchase order or in connection herewith. The Seller will indemnify rend hold homeless the Parehascr rend any or all of the Poncht crs officers, agents and employees from and ugainst 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, omission or default on the pan Of the Scllcr, any of 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 officers, agents or employees at any time on recount or by reason of any act, action, neglect, emission or default of the Seller of any of his contractors Or may of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense. to pay any and all costs, 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 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 suits or other proceedings, the Seller will at once use the same to be dissolved and discharged by giving bond or ralem iw. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply With all Taus and regulations With regard to safety including. but without limitation. the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therein. Rcvixcd 03/20I0