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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9110670 (2)PO PURCHASE ORDER 911067er Page City Of9110670 t of z `t CollinsChis number must appear ` 1 '�7 on all invoices, packing slips and labels. Date: 05/17/2011 Vendor: 109445 Ship To: ENGINEERING DIVISION CONNELL RESOURCES INC CITY OF FORT COLLINS 7785 HIGHLAND MEADOWS PKWY #100 281 N COLLEGE AVE FORT COLLINS Colorado 80528 FORT COLLINS Colorado 80521 Delivery Date: 01/28/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Addendum to PO 1 LOT EA -3,663.25 This addendum req. shifts $ from the N. College' s project account to Street Oversizing. Connell' s invoice is for removing the sidewalk & providing traffic control so the new signal could be installed. work order # was 3- 400901720-11. 3 Addendum to PO 1 LOT EA 3,663.25 Total 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smote the City of Fort Collins is exempt form state and meal taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate, of Registry 84-6000597 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revimd Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mca specifications, tither when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions farm the City of Fan Collins. Inspection. GOODS arc subject to the City of Fan Collins inspection On arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m exercise any rights or Comedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design shall not release the Scllcr of any of the warrant ics or obligations of this purchase order and shall not be deemed a wwa ivcr of any note of the purchaser to insist upon strict performance hereof or any of its rights or reined ics as to any such grads. regerdicss of when shipped, received Or accepted, as to any prior or subsequent default hereunder, not shall any purported oral ntodi fention or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hero.[ Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 11 ASS IGN M ENT OF A NTITR UST CLAI M S. authorized payment on the pan of the City of Fen Collins. HOw'cVer, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. vinlntimms arc in fact borne by the Purchase[ Therctoforc, for good cause and as consideration for executing this purchase orece the Seller hereby asigms 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 Word St., Fort Collins, CO 80522. unless acquired under federal or stoic maitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permision is given to prepay freight and charge separately, the original freight machawd or acquired by the Purchaser pursuant to this purchase enter. bill must accompany invoice. Additional charges for pocking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers he distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected farm the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller therca0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay 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 mlcs of the state, municipality, ternary or political subdivision w'hcto the work 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 Fen Collins hmmles from and against all liability and loss incurred by them by mason of an zsscrmd or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and posses full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the morns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpamted herein by reference. Any additional or different terms and conditions proposed by seller are 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 ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No nets of the Purchasers including, without limitation. acceptance ofpanial late deliveries, shall opcmtc as a waiver of this prevision. In the event of am delay, the Purchaser shall have, in addition to other legal and equitable Comedies. the option ofplacing this order elsewhere wad holding the Seller liable for damages. However. the Seller shall not be liable for dznmges as a o odt of delays due to cactus not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act, of God, acts efcivil or military authorities, governmental priodties. fires, strikes, flood, epidemics, wars or riots provided Chat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first remised 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 ofthe delay. 3.WARRANTY. The Seller warmms that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harreles from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of w'am. nty, The Seller shall replace, repair or make good, without cost to the parehieser, any defects or faults arising within are (I) year or within ,such longer period of time as may be prescribed by law or by the terms ofony applicable warranty provided by the Seller ancr the date of acceptance of the goods fitmished hereunder (ameptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fbmished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this uwrreary. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extcad to all damages proximately caused by the breach of any of the foregoing wamntici 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. SHALT. APPLY. 4. CIIANGES 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 terms, other than legal Icmb, including additions to or deletions from the quantities originally ordered in the specification or dm-ings, by rerbtl or wvrincn change eMet. If any such change affects the amount due or the time ofperfommnce 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 policies of the goods then not shipped, subject to any equitable adjustment Woven the panics as to any stork or materials then in pmgres provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe 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 good which me the Scllcrs standard stock. No such termination shall relieve the Pumhzser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days firm the date the change of termination is noticed. R. COMPLIANCE WITH LAW. The Seller warants that all good sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the good, 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 Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such lase. 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 pain. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cnnnmbmnces and claims of others. The Seller shall release the Purchaser and its contmemrs of any tier firm all liability and claims of any nature resulting farm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRcersand employees ofsuch party. The Seller's contractual obligations, including warranty, shall not he dimmed to be reduced, in any way, because such work is perfumed Or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use am design, device, material or pirecs mvercd by letter, patent, trademark or copyright, the Seller shall indemnify and save hi mlesa the Purchaser form any and all claims for infringement by reason of the use of such patented design. device, material Or process in connection with the contract. and ,shall indemnify the Purchaser for any cost, expense or danmge which it may be obliged to pay by reason of such infringement at any time during the prosecution or after 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 pircure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall beenme insolvent or bankrupt. make on assignment for the benefit of creditors, appoint a receiver Or trustee for any of the Sellers prepeny or business. this Order may front, ith be canceled by the Purchaw, without liability. 16. GOVERNING LAW. The definitions oftemw used or the interpretation ofthe agreement and the rights Ofall panics hereunder shall be constmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the wmices of Scllcrs Rcpmscntative(s), on the premises ofothers. 17.SELLERS RESPONSIBILITY. The Seller 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by elicits for installation or erection by the Seller, the Seller 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 Scllerunder the order. IR. INSURANCE. The Seller shall. to his rove 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 dmcndcnts in accordance with the laws of the state in which the work is to be done The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ]cast S300.0f)0 for any one persun. 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 provide for such compensation and insurance. Before any of the Scllcrs or his contractor., employees shall do any work open the promises ef.thers, 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 zhall specify the date .when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until nfer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damngc, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order Or in connection herewith. The Seller will indemnify and hold hmnmlcs the Purchaser and any or all of life Purchasers officers, agents and employees from and against any and all claims, loses. damages, charges or expenses, whether direct or indirect. and whether to persons or Property re. which the Purchaser may he put or subject by reason of any act, action. neglect, omission Or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit Or other Proceedings shall be brought against the Purchaser, or its oRccm. 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, the Seller hereby agrees to ossume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, mumucys fors 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 pareeedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause thesauri: to be dissolved and discharged by giving bond of mhenwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards mecsmy for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and I Icalth Act of 1970 and all Cults and regulations issued parsonot Chcreln. Revised 03/2010