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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9122578 (3)PURCHASE ORDER PO Number Page City Of9122578 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/03/2012 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 s addendum to PO 1 LOT EA 100,000.00 Total $100,000.00 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 ll, 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 Purchasc Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-N502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Grnds Rejected. GOODS REJECTED due to failure to meet specificatiom, either when shipped or due to defects of damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fart Collins inspectinn on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, faihuc or delay to 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 ofthe design, shall not release the Seller of any ofthe warranties or obligations of this purchnsc order and shall not be decreed a waiver ofany right of the purchascr to insist upon strict performance hercnforany of it rights or remedies as to any such goods, regardless of when shipped, received or accepted, as loony prior or .subsequent default hereunder, not shall any purported nml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitntsl ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercaner Freight Tcmts. Shipments must be EO.B.. City of Fort Collins. 700 Wood St.. Fort Collins. CO 90522. unless acquired tinder federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If prnnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufactu¢rs have distributing points in various pans of the country, shipment is expected form the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when .shipments arc made fmm greater distance. Permits. Seller shall procure at sellers sole cost all anacmary, permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the store, municipality, territory or political subdivision where 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 Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated haiin set forth and any supplementary or additional terms and conditions annexed hacto or incorpnmted heroin 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 premised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a oaiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal 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 forosecable which are beyond its reasonable control and without its fault ofncgligcnec. such acts of God, acts fcivil or military authorities, governmental priorities, rims, strikes. mad, epidemics. wars or riots provided 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 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 warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the pmposcs intended, and pafnmmed with the highest degree of care and competence in accordance with accepted standards for work of fu 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 Scllers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (I) year or within such longer period of time as may be proscribed by law or by the terms ofany applicable warranty provided by the Seller fuller the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as mhcrwisc provided in this Purchase order, the Sellers liability hercuoder shall extend to all damages proximately caused by the 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 Ions by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temu, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change nrdcr. If any such change affects the amount due or the time ofpafon mace hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time he 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 panics as to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims for anticipated profits on 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 goods which are the Sellers standard stock. No such worniontion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants 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 am 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser is a result ofthe 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 wilhoul the prior written consent of the other party. 10. TITLE. The Seller wamats 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 encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thematic, indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the mint expeditious means available to it, and the Seiler shall pry all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resubing fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, of ecrs and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, berfusc such mark is perfnmmd or caused to be perfomtcd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark m copyright. the Sellershall indemnify nod save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the Contend 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 after the completion of the work. In case slid 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 Seiler shall, at its own eapenee and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY, If the Seller shall become insolvent or bankrupt 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 he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interprdntion ofthe agreement and the rights ofall panics hereunder shall be coamound under and governed by the laws of the State of Colnmdr, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmsenmtive(s), on the premises ofothers. 17, SELLERS RESPONSIBILITY. The Scller shall entry on said work at Seller's own risk until the more is fully completed and accepted, and shall, in ease of soy accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellves own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others 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 Seller under the order. IS. 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 laws ofthe 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 lino its of at least Si00.000 for any one person. 5500.00o for any one accident and property damage limit per accident of S460,000. The Seiler shall likewise require his contractum, if any, to provide for such compensation and insurance Before any of the Scllers or his contractors employees shall do any work upon the premises of others, the Seiler shall Famish the Purchaser with a certificate that such compensation and insurance have bean 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 he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability farrow and all damage, lows or injury ofany kind or nature whmsrevcr to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold hamdess the Purchaser and aqv or all of the Purchasers officers, agents and employees fmm and against anv 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 era the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmecedings shall be brought against the Purchaser, or its officers. 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 asarme the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomeys 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 upnn or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions punish 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 Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010