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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9124395 (4)City of � Fort Collins Date: 08/10/2012 PURCHASE ORDER Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS Colorado 80528 PO Number Page 9124395 1ef2 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 08/10/2012 Buyer: JOHN STEPHEN Note Line Description Quantity Ordered UOM Unit Price Extended Price I Turnberry Rd. Improvements 1 LOT LS 1,197,386.73 Engineering PER TERMS AND CONDITIONS OF BID 7405 AND AGREEMENT DATED JULY 23, 2012 2 Turnberry Rd. Improvements 1 LOT LS 439,041.47 Engineering 3 Turnberry Rd. Improvements 1 LOT EA 437,817.54 Park Planning 4 Turnberry Rd. Improvements 1 LOT EA 255,182.46 Park Planning Total $2,329,428.20 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 II, 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 Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER, 98-04501 Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure ofthe Purchaser to insist upon inner performance ofbe isms and conditions hemoL failure or delay to Internal Revenue, Denver, Colorado(Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114.). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sal let in the event or branch, the acceptance of or payment for goods hereunder or approval ofshe design, shall no, release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligaions of this purchase order and shall or be deemed a waiver of any right of tlm 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 retarder any of its rights or remedies as to any such goods, regardless insauctions form be Cory of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of be terms Impaction. GOODS am subject to the City appear Collins inspection o. arrival. hereof. Final Acceptance. Receipt of the merchandise, service or equipment in response to this order ran result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fart Collins. Honoree, it is to be understood bar FINAL Seller and the Purchaser recognize Char in senior economic pmmce, overcharges resulting fmm antitrust ACCEPTANCE is deprndcntupon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase We, ,he Seller Ihefeby assigns to ,he Purchase, any and all claims it may now have or hereafter Freight Terms. Shipments mast be F.O.B., City of Von Collins, 700 Wood Sr, Fan Collins, CO 80532, unless acquired under federal or state an mars laws for such overcharge relating to tlne particular goods or services otherwise specified on this order. Ifpemhiesion is given to p,,, freight and charge separately, line original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most 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 parts of the rountry, 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 be nor or distribution point to destination, and excess freight will he deducted fen Invoice when, Purchaser and be Seller, and thc Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made firm greater distance. may cause the work to he performed by the most expeditions ma. available to it, and the Seller shall pay .1I cents nssmimed with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and lirmi required by all applicable laws, regulations, ordinances and moo of the state, municipality, terrine, or political subdivision where the work is performed, or required by any other duly canned Nted public awharlty having jurisdiction over he work of vendor Seller run... agrees to hold the City of Port Collins harmless from and ngainst all liability and lass trained by them by reason of an assured or established violation of any such laws, regnlaions, ordinances, rules and no'bo meats. Authorization. All parties to this antitrust agree that the representatives are, in fact, bona fide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moral and conditions stated herein set forth and any supplementary or additional tame and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you cannot make complete shipment to nave on your promised delivery data as noted. lime is of the essence. Delivery bad performance taus, be special witbin the time stated on the purchase order and the documents attached hereto. No acts of the Purch.mrs including, without limitation, acceplm¢ ofpanial late deliveries, shall operate one n waiver of this provision. In the event army delay, the Purchaser shall have, in addition to order legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Rowena, the Seller shall not be liable for damages as is tend, of delays due to causes not reasonably fomsmnble which are beyond its reasonable control and without its fault ofnegligence, such ass of Gad, acts of civil or military authorities, governmental priorities, fines, strikes, flood, epidemics, wars or ones provided mat notice of the conditions causing such delay is given to me Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In be event of any such delay, the date of delivery shall be extended for the proad equal to the time actually last by reason of be delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confom with applicable drawings, specifications, samples and/or other descriptions given, will be fit for are purposes intended, and Performed with she highest degree of care and competence in acmrdzam with accepted standards for work of a similar nature. no Seller agrees to hold be racehorse harmless fmm any loss, damage or expense which be Purchaser may surfacer incur an account arms Sellers breach of wamnry. The Seller shall replace, mariner make good, without cost to be purchaser, any defects or faults ansing within one (I) year or within such longer period of time as may be prescribed by law or by the lamer of any applicable wamnty provided by the Seller after the date of acceptance of be goods famished hereunder acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchase, shall nor constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend to all damages proximately caused by be breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 teems bywiiren change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tame, other than legal terror, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by ve,bar or written change order. If any such change aftects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by written change aide,, Iamtimm this agreement as to any or all portions of the goods Non not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided bar tits Purchaser shall not be liable for any claims for anticipated profits on be uncompleted Portion of be goods anbor work, for incidental or consequential damages, and thin no such adjustment be made in favor of the Seller with respect to any goods which am be Sellers standard stock. No such termihutirn shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for idjustmert most be asexual within thirty (30) it., form the data the change or amemnatim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in sect compliance with all applicable laws and regulations to which be goods are aubjea. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulat ons required b be incorporated in agreements of this character arc hereby incorporated herein by this mfi mace. The Seller agrees to indatmify and bald be Purchaser hamlas from all costs and damages suffered by be Purchaser as a result of the Sellers failure to comply with 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 wrren consent ofthe other parry. 10. TITLE. The Seller warrants, full, clear and umetdwed title to the Pardoner for all equipment, mmcoals, and items famished in performance of this agreement, fee and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of often. The Seller shall release the Purchaser end its conbamon of any Tier from all liability and claims of any sore resulting from the performance o'such work. This release shall apply even in [lie event of fault of negligence of the parry released and shall extend to the directors, affhcers and employees of such any. The Sellers eommcmal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Recleaned or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, device, material or process covered by letter, patent, trademark r copyright, at, Seller shall indemnify and save harmless [lie Purchme from any and all claims for infdnproard by reason of the use of such pmmod design, device, material or process in connection with the contract, and shall indenmify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any be during the Trac ion or one, ties completion of the work. In case sold equipment, or any part thembf or the intended use of the goods, is in such suit held to conslimm infringement and Yen use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for me Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfr'ngingequipment, or modify it so it becomes noninfdnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for be benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, Nis order may forthwith be cancelal by the Purchaser without liability. 16. GOVERNING LAW. The di fnilions of terns used or the interpretation of the agreement and the rights of all parties hereunder shall be combined under and governed by the laws of be State ofColcmdo, USA. The fallowing Additional Conditions apply only in cases where be Seller is to Perform work hereunder, including the services of Sellers Reprompostirds), on beprembes ofothers. 19. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Seller's own risk vntol the same is fully completed and nereped, and shall, in e of any accident, destruction or injury to the work arbor 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 famished by when for installation or erection by the Seller, be Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials arbor equipment were being firmishcd by the Seller under be order. 1g. WSURANCE. The Seller shall, it his awn expense, provide for be payment of workers cam onard ion, including occupational disease benefits, to its employees employed on or in connection wont the work covered by this purchase order, anbar to their dependents in accordance with the laws of the state in which the work is or ba done. The Seller shall also tarty, comprehensive general liability including, but not limited to, emotional and automobile public liability insurance will, bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any one accident and properly damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and inrm im. Before any of des Sellers or his contactors employees shall do any work upon the premises of owns, the Seller shall famish the Purcl rxe, with a ceni5c r. that such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance have been provided. Such cenifrcales shall specify be dale when such compensation and inammove expire. The Seller agrees bah such c.mpeasmi er aid insurance shall be maintained until after Ore entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be entire responsibility and liability for any and all damage, loss or injury ofery kind thnature whatsoever to persons or property caused by or resulting from the execution arrive work provided for in is purchase order in in connection herawib. The Seller wul indemnify and hold harvid. the Purchase, and any or till of the Purchasers officers, .,arts and employees from and against any and all claims, losses, damages, changes or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be or or subject by as. of any net, atom. neglect, omission or default on the pan of the Seller, any of his contractors, or any of be Sellers or commerce, officers, agents or employees. In case any suit or other proceedings shall be brought against the Panthaseq or its offices, 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 their officers, agents or employees as aforesaid, be Seller hereby agora to easume be defense thereof and to defend the sane at be Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses, any and all judgments that may be incurred by or obtained against be Purchaser or any of its or their offices, agents or employees in such suits or other Emmedings, and in case judgment of oft lien be placed upon or obtained against be property of the Purchaser, or said panics in or as a mind, of such suits or otlher proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his sentmdors shall take .11 safety precautions, frmisb and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Actor 1970 and all min and regulations issued pursuant thereto. Revised 03Q010