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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9122578 (2)PURCHASE ORDER PO Number Page City OfCollins ��� 9122578 1 °f z Fort Coll` I n C This number must appear J on all invoices, packing slips and labels. Date: 05/02/2012 Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS Colorado 80528 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 05/02/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price I ASPHALT, ROCK, CONCRETE AS PER TERMS & CONDITIONS OF BID 7377 1 LOT LS 600,000.00 2 Concrete & Asphalt 1 LOT LS 5,000.00 3 Concrete & Asphalt 1 LOT LS 100,000.00 4 Concrete & Asphalt 1 LOT LS 10,000.00 Total $715,000.00 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 Order Terms and Conditions Page 2 of 2 I. COMMERCIAL. DETAILS. Tax exemptions. By Senate the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 99-0,1502. Federal Excise Tax Exemption Cenifieate of Registry R4-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof. failnrc or delay to Internal Revenue. Dcavers Colorado (Ref. Colorado Revised Statutes It i Chapter 39-26. 114 (a), exercise any rights or remedies pmvidcd herein or by law, failure to pmmptly notify The Seller in the ewem of a breach, the acceptance of or payment for good hereunder or approval ofthe deign, shall not release the Seller of Gods Rejected, GOODS REJECTED due to failure to meet specifications, either when Shipped or due to levels of any of the warranties or obligations of this purchase order and shall not be devoted a waiver of any right of the damage is transit, may be retuned to you for credit and arc not to be replaced except open receipt of written purchaser to insist open strict per(omancc hercofer nny of its rights or remedies as to any such goods, repnolles, instruction, from The City of Fort Collins. of when shipped, received or accepted, is to any prior or Subsequent dcfmdt hereunder, nor shall any purpurtd oral modification or rescission of this purchase order by The Purchaser operate as a waiver of any of the terms I nspccticn. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise Services or equipment in response to this order on m,idt in 12. ASSIGNMENT OF ANTITRUSTCLAIMS, authorized payment on the pan of the City of Fort Collins. Iloosver, it is to be understood that FINAL. Scller and the Purchnscr rcengnize that in acnul economic practice, overcharges reselling Fort nntifmst ACCEPI'ANCF. is dependent upon completion ofall applicable required inspection procedure%. violations are in (act borne by the Purchnscr. Therefrom. for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Rnchuocr an and fill claims it may now have fir hereafter Freight Terms Shipments must be F.QH_ City of Fort Collin,. 706 Wood St.. Fort Collins. CO 50522. unless acquired under federal or state antitrust lases for Such overcharges relating to the punicular goods or Services otherwise .Specified on this order. If permission is given to prepay freight and charge Separately, the original freight purchased or acquired by the Purchaser mostiont to this purchase order. bill rated accompany invoice. Additional charges for packing will not be accepted. 11. PURCHASERS PERFORMANCE OI' SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in Farb pans of the country, shipment is If The Purchaser directs the Seller to correct nonconfoming or defective goods by a date to be agreed upon by the expected from The nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. The Purchnscr Shipments arc made from greater distance. may cause the work to be performed by the most expetlitimt means available to it, and the Scllcr shall pry all costs associated with such work. Pcnmim Seller shall procure at sellers sole cost all necessary permits. ecnificams and licenses required by all applicable Imes, regulations ordinances and rules of the sate, municipality, errim, or political sttbdiwision where the work is performed, or required by any other duly conmitfied public authority having jurisdiction over the work of wrndnr. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by Them by reason of an asserted or established vinlation of any such laws, regulations ordinances. rules and mquircmcros, Anthony lint. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and coniplete authority to bind said parties. LIMITATION 017 1 ERNIS. This Purchase Order expressly limits acceptance to the tans and conditions smicd herein set forth and nny supplementary m additional terms and cnndi t inns annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by SCBeram objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Deliverer and perormance must be effected within the Time stated on The purchase order and the documents atmehcd hcrem. No acts of the Purchasers including. ss itlmuI limitation, necepmnec ofpanial late deliveries Shall operate as a waiver of this provision. In the c%cm ofany delay, the Pa¢haser shall have, in addition to other legal and equitable remedies the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of dcl ay, due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of God. acts of civil or military authorities govcmmcn tal priorities fires, strikes. flood, cpidcm ics. wars or riots pmvidcd that notice of the conditions causing such delay is given to the purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any Stich delay, the date of delivery Shall be coo tended for the period equal to the time actually lost by reason of the delay. 3, WARRANTY. The Seller worm fits that all goods, articles, mmcrialS and work covered by this order will conform with ,pplicnMc dmwings, speeiftemjons, samples and/or other dc,,cooice, given, mill be fit for the pvrposcs intended, and pedmrnwd with The highest degree of care and competence in accordance with accepted standards for work of i Similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs brexeh of mammy. The Scller Shill replace. mpnir er make good, svithnut cast to the purchaser, any defects or Gulfs arising within one (1) year or within Stich longer period of time as may he prescribed by law er by the tems of any applicable wamnty provided by the Seller after the date of acceptance of the gods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or dcfemi%c uork done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim order this mammy. Except as otherwiSe provided in this purchase order. The Scllcrs liability hcrcunder shall extrnd m all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability .shall in no event include loss of profits or lossof esc. NO IMPLIED WARRAM Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4.CHANGESINLEGALTERMS. The Purchaser may make changes to legal ,.eras by outgo change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities nnginally nNercd in the sprcifh moons or drawings, by verbal o written change cM,,. If any Such change affects the amount due or the time of per(mmiancc hereunder. an equitable adjustment Shall be made. fi. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the Fords then net shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgacc pmvidcd that the Puthascr shall not be liable for Tow elaimS for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or eensequential dinmges, and that no such adjustment be made in favor of the Seller with respect to any Funds which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment untst be asserted within Thies, (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warn its that all goods sold hereunder shall have been produced, sold, delivered and furnished 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 elTecl or evidence compliance. All laws and regulations required to be ineurpomfcd in agreements of this character arc hereby incorporated herein by this reference The Scllcr agrees to htdenmify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Scllcrs failure to comply with such law. 9, ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wvamns full, clear and name muted 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, u servalions, Security interest encumbrances and claims of others. The Seller shall release the Purchaser and is contractors of any tier from all liability and claims of any nvmrc resulting from The performance of such work. This release shall apply even in The event of Gmlt of negligence of the party released and shall extend In The dircetnrs, officers and employees of such party. The Seller's committed obligations, including t,irmaty, Shull not be deemed to be reduced. in any way, heeniw Such work is performed or caused to he performed by The Purchnsc, 14. PA'I EN'FS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and Save harmless the Purchaser from any and AT claims for infringement by muson 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 dumnge which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion o(the work. In case Said cquipmcnt, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and The use of said cgnipmcnt or pan is enjoined, the Seller shall, at its own expense and at its option, either proctie for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or mdify it so if beemfies nnninfringing. 15. INSOLVENCY. If the Seller shall becmnc insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mice for any of the Sellers property or business this order may forthwith he canceled by the Purchnscr without liabilih, 16. GOVERNING LAW. The dminitiona oftcrnu used or the intemoralinn ofthe agreement and the rights efill parties hercumlcr shall be constnwd under and goerred by the laws of The State of Cnlnmdo. USA. "the following Additional Conditions apply mile in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rep csentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scller shall carry on said work at Seller', 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 foal completion and acceptance, complete the work at Sellers own capense and to the satisfaction of the Pnmhascr. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unlmid, store and handle same at the site and bccnew responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, it his own expense, provide for the payment of yvorkcrs compensation. including mcnIettionol disease benefits. to its employees employed on or in connection with the work covered by this purchase order. and/fir to their dependents in accordance with the laws of the state in which the work is to be done. The Seller ,hall ,I,n cony eomprcher,he general lability including but net limited to, contractual and automobile public liability insoomeC with bodily injury and death limits of at knot 5300.000 for any one person. S500,000 for nny one accident and property damage limit per accident of S400000. The Scllcr shall likewise require his contractors. if any, to provide for such emnpensminn and insumacc. Before any ofthe Severs or his contractors employees shall do any work open life premises of others, the Seller Shall furnish the Purchnscr 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 certifieums shall specify the lac when such compensation and insurance expires The Seller agrees that Such compensation and insurance shall be maintained until aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAhIAGES. The Seller hereby assumes the entire respnesibility and liability for env and all damages loss or injury of any kind r nature whasneve, to'eare, or property caused by or resulting from the execution ofthe work provided for in Ibis purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees form and against ale and all claims, losses damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser mry he put or subject by reason of any act fiction, neglect emission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be hmught against the Purchnscr, or its oRcers, agents or employers at any time on account or by reason of any act, action, neglect, omissioa or default of the Seller of any of his contractors or any of its or their offices, agents or employees as afno said, the Seller hereby agrees to assume the defense thereof and to defend the come of the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses ,any and all judgments that fifty be incurred by or obtained igainst the Purchaser or any of its or Their officers. .agents or employees in Stich suits or other pmcecding,. nail in case judgment or other lien be pinted upon or obtained against the property of the Purchnscr, or said prides in or as a result ofsuch Suits or other proceedings, the Seller will m once crone the sane to be dissolved and disehmged by giving bond or otherwise. The Seller and his contractors shall take all Safety precautions, furnish and install all guards necessary for the prevention of ,accidents, comply with all laws and regulations with regard to satirist including, but without limitation, the Occupational Safety and Health Act of 1970 rnd all rules and o g lotions ksucd pursuant therem. Revised 03/2010