HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9116026 (3)City of
Fort Collins
PURCHASE ORDER
Date: 04/24/2012
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS Colorado 80528
PO Number Page
9116026 1of3
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: 10/13/2011 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
a Change Order 1 1 LOT EA 5,140.00
4 Change Order 2
1 LOT EA
10,400.00
5 Change Order 3 1 LOT EA 5,490.00
e Change Order 4 1 LOT EA 5,668.60
7 Change Order 5 1 LOT EA-2,133.50
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 PO Number Page
City Of9116026 z of 3
Fort CollinsCThis number must appear
//_`'In'`�—J`', ` on all invoices, packing
Jslips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
a Change Order 6
�-
U
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
1 LOT EA-1,383.50
Total $23,181.60
Invoice Address
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS.
TO, e,,n pltma, By stztutc life City of rot Collins is exemp, from sans and local bases. Our Exemption Number is 11. NON WAIVER.
95-04502. Federal liaise Tux Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure .1 the Purchaser m arsio upon mien perWrmunc, of the toms and conditions here.; failure or delay to
Internal Revenue, Den, or. Colorado (Rol. Colorado Revised Statutes 1973. Chapter 31 26, 114 (OIL escretse• any rights or remedies provided heroin or by law, failure to promptly notify the Scllcr in the event of a
breach, life acceptance of or payment for goods Inrcundcr m appom at Of the design, shall not olcac the Seller of
Goods Rejected. GOODS REJECTED due to failure haricot spelticelions, either ,Inert slipped Or due m defects of any of the we.nnei or obligations of this purdnew order and shall not be decoed a waiver of any right of the
damage in transit, Larry be returned to you for credit and are not to be replaced except upon receipt of written purchaser 1ll insist upon strict perfomance hereof or any of its rights or muredies as to any such goods, regardless
instruction Gum the City of For Collins oI when shipped, received .r ....Lord, as to any prior or subsequent del'auh hereunder, nor shall any purported
oral mhutlifieati.n or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of run Collins inspection of arrival. here.:
Final Acceptance. Receipt of the merchandise, seniors or equipment in response to this older can result in 12, ASSIGNNIEN'1OF AN] 'I'I RUST CLAIMS.
awhone,el payment Lin the part of the City of Fort Collins. H....., it is W be understood that FINAL Seller and (lie Purchaser recognize that in actual cconomtie practice, ovcrrbargcs resulting from antitrust
ACCEPTANCE is dependent upon romaterial, of all applicable required inspn Nmf procedures. vjelfilron, 'a'e in Lhet borne by the 1'mchsee'fhe e(oforc, fur ..it cause and as emsid,ration fur.sensing obis
purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it Lamy now have or hereafter
Foiebt'I'enns. Shipmcns most be F,0.13., City of Fort Collins, 7b0 Wood St., Fan Collies, CO 80522, runless acquired under IcJor.l or sure antitrust laws I'ur such overcharges rotating to the particular goods or services
otherwise specified on this wide, If per is given m prepay' freight and charge separately, the original bright purchased or required by the Poeb:ser pursuant 10this purchaa' ur'cr.
bill must accompany invuice. Additional % charges for picking will nut be accepted.
13. I'URCI IASERS PERFORMANCE OF SELLERS OULIGA'I'IONS.
Shipment Duane. \Vhere nnanulbturc, hum distributing point, in various pans of the country, shipment is If rife Purchaser di ... s iti, Seller to correct nonconfm... ing or dellnive goods by' a date W be agreed upon by Itie
expected From the• nearest distribution point to destination, and execs height will be dexluacd Rom Invoice when Purchaser and flat Seller, and the Scller thertafter indicates is inability or umvillingnes to comply, the Purchaser
shipment, are made from gnarer distance. may cause the work to be performed by the most expcdi(ious means available W it, and the Seller shall pay all
casts xsueiatrd with such work.
peanis. Scllcr shall procure fir sellers sole cost all necessary permits, certificates and licenses required by' all
applicable laws, mgulatioln, memorie's and trios of the state, nmnicipainy, fer0op' or political subdivision %,here
the murk is perf.nnN, or required by any other duly conshrwed public authority busing jurisdiction over the murk
of vendor. Seller troffer a,, s m hold the City of Fall Collins hvmlass front and agriast all liability and lost
incurred by them by reason of an awned or established violation of any such films, regulations, ordinances, rules
and requirement.
Audimizmion. All parties to this contract agree that the representriv,s are, in fact, bmmu [!do and possess full and
complete authority of bind said parties.
LIMITA'P]ON OF'1'ERNIS. This Purchase Order expressly limits aeccponeLf ref the terns and conditions stated
hc¢jn set forth find :ury supplensntaly or additional terms and cmdiriuns ousxed heroin or incorporated bcrcin by
reference Any additional or f tYerem torn.. and conditions proposed by's<Iler are Objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately it you cannot make cmnpldc shipnncnt to arrive kill your
promised delivery date as notcd.'llnle is of the essence. Delivery and performance muse be eHcted within the time
sand .n rho purchase older and file documents attached hcretu. N. act of the Pmehascr, including, without
limitation, acceptance of partial late deliveries, shall opma as a waiver of this provision. In the event of any delay,
it,, Purchaser shall h:nc, in addition to color legal and equitable revucdics, the option ufplacing this order elsewhere
and holding the Scllcr liable far damages. Ho%rcrcq the Scllcr shall not be liable to, damages as u result of delays
due m causes rem reasonably foreseeable which one beyond its ...son.Id, control and without is fault of negligence,
such acts of God, act ufeivil or military authorities, govemntenwl priorities, rim, strikes. Lord, epidemics, wars or
rims falsified that notice at the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller firs, received knowl•dec thereof In the cvcm of ally such delay, the dam of delivery shall be
,wended for the period equal I. the time a, Wally past by reason ufthe delay.
3. WARRAN rl'.
1 he Seller warrant that alp frauds, ankles, immortals and work covcrcd by this order is ill conform with applicable
drawings, specifienti.as. samples and/or .,her descriptions given, will be fit for file purFor u's intended, and
perfonnN midi the highest degree of care and cumpenen,e in accordance with accepted standards for work of a
similar .lure. The Seller agrees to hold the purchaser limitless from uny loss, damage or expense which the
Purchaser may,.for tar incur tan a ,mint of the Sellers breach of warmly.' he Srkr shu11 replace, repair m ilarke
good, without cost W the purchaser, any televisor faults arising within one (1) yrar or within such longer period Of
Lime a may be prescribed by paw or by d,e fens.. of any applicable warranty pmviJer] by the Scllcr after the dfW .f
. ecryuaao of the goods furnished hercundcr (acccplmac rem tO be unreasonably delayed), resulting from jmp,,jc,(
or defective work Jon, or earterial, furnished by the Seller. Acceptance muse ol'gemds by the Pumhaet shall not
constitute a waiver of wry claim under This Warranty. Except as utherwisc pnn'idcd in this pu¢hasc Older, nhc S,Rcts
liability hereunder shall extend to all damages proximately caused by lire breach of any ofthe bargain., warranties
.r guar nines, but suehf liability shut] in no event include loss of proGls or loss of use. NO IMPLIED WARRANTY
OR NICRCHAN'I'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purcluur may make changes to Joe.[ terns by wrincn citing, .,do,.
S. CHANGES IN COMMERCIAL TEILMS.
The Purchaser nay make any cbu igas to the (onto, other than legal temt, including udditimls to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or o'rinen change order. Iffay such
client,, ullces it,, am.un, due or the time ofperfornmace hereunder, an equitable udjasuncat shall be made.
6. TrItMINA'I'IONS.
'I'be Purchaser may it any time by written change order, ternfinute this ugrcena'ot its to any or all poniuns of the
goods then not shipped. subject W any equitable adjustment between the parties as to any work or materials then in
progsss provided tot the punch.... hill ram be liable for any .twins our anticipated Pndib, on the mcoupktcd
portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor.f the Seller with respect to any gouda which are the Sellers s madurd stock No such let nnin:vion shall relieve
the Purchaser fir file Seller of any oftheir obligations as to ally good., deh,erixl hercundcr.
7. CLAIMS FOR AD)US'fMENT.
Any claim f., adjustment fiat be ascrcd within thirty (30) days front life date (tic change or formulation is
Ordcrcd.
S. COMPLIANCE W I'll I LAW.
The Seller warm Las that all goods sold hereunder shall have been produced, sold, delivered and furnished in stiff
compliance whit all applicable pans and o,gdabon. to which tlu goods arc subject. The Seiler shall exec... and
deliver such document, s nfa) be required m effect .r evidence compliance. All tiffs and egulatioas required 1. be
incorporated it, agreencnt, of ,his character are hereby incoromm d heroin by this reference. The Seller agrees to
indemnify and hold the Purchaser hannlcss from all emu and damages soff 4 .d by the purchaser as if result of Jun
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall .sign, transfer, or convey this order, or any ninnies duo or w become due Iwcamdcr Without the
prior written consent cif th, ether party.
10. 111 LE.
76c go] let Warrant lull, char and unrestricted tide W the Purchaser for all equ ipmcnt, ..feria Is, and jurors furnish,'
in perfonnaa.e of this agreement, free and clear Offaly and all liens, restrictiuns, teven an arts, seen rity interest
encumbrances .,at claims at file,,
ILc Seller shall totem. life Puehax'r and is contractors of any lifer from all liability and claims ofany nature
resulting front the performance ofsuch work.
'Phis nReae stiff[ apply even in I,, event .1'fault of negligence of the party released ad shall extend to that
, ircaos, wife,, and employers of such prrlp.
'flu• Seller's commensal obligations, including wumamy, shall nor be Located In be reduced, in any way, because
such work is performed or caused to be perforated by the Purchaser.
W. VM I*N'IS.
Whenever'tie Seller is required to use ally J,,ogr, device. Loa c,iul or I...arts covered by letter, patent, trademark
copyright, the Scllcr start jndnmjfy ad save bande,s the purchase, linen any and all claius for InfringeW,al
by reasuu Melee use of such pu[cnocd design, device, material or process in connection wall the contact, and
shall indemnify the Purchaser ]'or any cost, expanse or damage which it may be obliged to pay by reason.(such
inliiugcumnt at any tittle during the prosecution Or the completion of the murk. In case said equipnremL or
ally pat fhceol' or Ibv intended use of the goods, is in such sail held to eo isibutc infringcnncut and the use of
said equipmom or part is enjoined, the Seller shall, at it own expose and at is opium, either procure for the
Purchaser the right In comtnuc using said equipment or puns, replace the rune Willi substantially equal but
noniulrbiging cquipmcnL m modify it so it bccomcs nounfriaging.
15. INSOLVENCY
If the Seller shill become insolent or bankrupt, make a. usignnrent Fit the bereft of creditors, appeal[ a
receiver or trustee for any of the Sellers property or business, this order nay forthwith be canceled by the
I'mc lawn wilhoul liability.
16. GOVERNING LAW.
"fire definitions uflono, need or rue im,Mrcution ofthe agrecmenl and the rights of :dl parties hercundcr shall be
consumed uder and governor] by the Imes ofthe Sees of CUI..d., USA.
The following Additimnul Conditions apply Only in cases where the Seller is to perform work hereunder,
including did services of Sonars Rcprescntative(sh on the premises of others.
17. SELLERS RESPONSIBILITY.
'HILL Seller slot[ Laity ran said murk ut Seller's own risk wail the same is fully eourplewd and accepted, and shall,
ill case of myuccidcnt, Jcs(mmimh or injury to tire work and/or mnlcriuls before Seller's lied completion and
accepance, eungdelc Ibc Work at Seller's Lima expense and to the aalistic(iun of the Pun'chuscr. When nlmeritls
Lord equipment are furnished by others for installation or erection by the Seller, file Seller shall rtteci%c, unload,
since and I.uodl, into at the he and become responsible thcrclbr as though such materials and/or equipmenl
Were being furnished by the Scllcr under the order.
IS. INSURANCE.
The Seller shall. !it his .,if espouse, provide for the pay'mcnl of Workers compensation, including occupational
disease beleis, to its employees employed on or in eamrniun with ttie work covcrcd by this purchase older,
and/or 10 their dependents in accordance With rite lams of the state in which the work is to be dune "rho Seller
shall use tarty comprehtsive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death firths ,far least S300,000 for any one person, $500,000 far any
are accident and pmLety danhago limit per accident of S400,000. "fife Seller shape likewise require his
contract.,, it any, to provide fur such compensation and insurance. Reline any afire Sellers or his contractors
emgdoy'ecs shall d. any Work ,pun the premiss of others, file Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
eon.p,nsmimf ad jLa.Inance [time been provided Such ceniliemas stall specify to date when such compenation
end insurance espires.'I'tic Seiler agrees Thal sash compensation and insomnee shall be nainained until after the
entire work is completed and accepted.
19, PRO I'EC'I'ION AGAINST' ACCIDENTS AND DAMAGES.
"I'he Seller holly assunws the entire ..sponsibility and liubiliry fur any and all dafagc, loss or injury of any kind
or nature whursuevcr m pc,ons or property caused by or mulling floor it,, execution ufthe work provided for ill
this purchase older of in connection hercwi(h.'I'he Scllcr will indemnify and hold hannlcss ehc Purehe.cr:ud ally
or all ill* tire Purchasers officers, agents and employees Gam and against any fail all claims. Wsses, dullag.,
charges or cxi,cosys. ,')author direct or indir"t, and whether to persons or property to which the Purchaser may
be ,at Or subjet by reason of any 111, train, neglect, omission or default an the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agent or employees. In case wry suit or other
prreecdings shall be brought against the Purchaser, or its officers, agent Of cnhpluyecs at any rime on account or
by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of is or
their .dicers, agents or employees as aforesaid, the Seller hereby agrees to assume ehc defense thereof and to
defend the same u, ehc Seller, own c,qN., , m par mry and all cuss, .tinges, anumcys fees and other.........
any and all judgnrcars that tray be bloomed by or obtained a,ai... I the Parch , m- ufly of is or their .1 ice,,
agents or employees in such suits or other proceedings, and in ease judgment or other pion be placed upon or
Obtained against the property of the Pumha..r, or said panics in or as a mult ofsuch suits or other proceedings,
the Softer will at once cause Lhc same to be dissolved and discharged by giving bond or Otherwise. The Seller and
his contractors shall take !ill safety precaution., furnish and imW11 all guards mc'.ssary for the pmvca ion of
accidents, comply with all Imes and regulations with regard 10 safety including, but without [imitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03T2010