HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9140950 (2)PO
PURCHASE ORDER 914095er Page
C117/ of PURCHASE
9140950 1102
C/'�r� Collins
This number must appear
,�—J`-' ` on all invoices, packing
sli s and labels.
Date: 04/23/2014
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS CO 80528
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/23/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 CO#1 Removing funds for Parks
& Nat.Areas SOW
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
:•1 111 11
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tents and Conditions
Page 2 of 2
L COMMERCW.DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt room state and local taxes. Our Exemption Number is
t L NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon stria performance of the if. and conditions herau; failure of delay m
Intemal Revenue, Denser. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies pmvided herein or by law, failure to pmmptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder m approval of the deign, shall onr mere the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the wanamics or obligations of this Purchase order and shall not be deemed a waiter of any right of the
damage in tlsmit, may be mourned to you for credit and are not to be replaced except upon receipt of syntax,
purchases of insist upon stria peRammrRe heredity any of its rights of remedies as to any such goods, regardless
imtexa or, from the City of Fort Collins.
of when shipped, praised w accepted, is to any prior or subsequent default hereunder, we shall any pmponed
oral modification or rescission of this purchase order by be Purebaser operate as a waiver army of be terms
Inspection. GOODS arc subject of the City of Fon Collins inspired. on animal.
hereof.
Final Acceptance. Receipt of be merchandise, services or equipment in resWnm m this order canresult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pat of die City of Fort Collim. However, u is to be understood that FINAL
Seller and the Purchaser recognize that in actual e plastics, o erchargre m,,dtimg firm antitrust
ACCEPTANCE is dependent uponf completion oal I applicable required inspection procedures.
violations arc in fact home by the Purchaser. Theretofore for good cauw and as considemtion for executing this
purchase order the Sella hereby assigns to the Purchmer any and all claims it may nosy have or hereafter
Freight Temu. Shipments most be Fu0A.. City of Fort Collins, IN Woad St., Fort Collins, CO 80522, unless
acquired under federal or state anlitrmt laws for such overcharges relating to the particular goods or services
otherwise specified on this We, If permission is given to prepay freight and charge separately, be original freight
purchased or acquired by be Ptuchawr pursuant N this purchase order.
bill most accomwnv invoice. Additional charges for waking will net be accepted.
Shipment Durance. Where manufacturers have distributing Points in various pans of be country, shipment is
expected room the nearest distribution point to destiwtion, and excess freight will be deducted from lacuna when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, ccnificmes and licenses required by all
applicable laws, regulations, ordinances and sales ofthe state, municipality, termary or Political subdivision where
the work is performed, or required by any other duly rOaatim ad public authority havingjuriadiction over the work
of vendor. Seller former agrees to hold the City of Fort Collins marless from and against all liability and loss
incurred by them by reason of an ravened or established violation of any such laws, regulations, ordinances, miss
.it requirements.
Authorization. All panic to this contract agree that the representatives me, in fact, bona fide and possess fill and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fond and any supplementary or additional terms and conditions annexed harem or incorporated herein by
reference. Any additional or different is= and conditions proposed by seller arc objected to and hereby rejoined.
2. DELNERY.
PLEASE ADVISE PURCHASING AGENT immediately if you control make complete shipment to artire on your
promised delivery date a, noted. Time is of the essence. Delivery and performance matt be effected within the time
amid on the purchase miler and the d«umcnts attached hereto. No acts of the Purchasers including, without
limitation, aecapm uto of venial late deliveries, shall memo, as a waiver of this provision. In the event of any delay,
the Purchaser shall hest, in addition to odor 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 delays
due to causes not reasonably foreseeable which ore beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, ,wemmental priorities, fires, sources, Band, epidemies, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of be
time when be Sella first raeived l ledge ferwf. In the sent of any such delay, the dam of delivery shall be
extended for the parted equal to the time actually lost by reason Office delay.
3. WARRANTY.
The Seller warrants that all goods, entries, materials and work cavered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
'mile nature. The Seller out on hold be practitioner harmless from any lass, damage or expense which the
Purdsomr may suffer or incur on account of the Sellers breach of warranty. The shall replace, shareplace, mpait or mote
good, without cost to be pmm1mm, any defects or faults mixing within ma (1) year Or within such longer, Period of
time as may be presaibcd by low or by the musts of may applicable wamarry Provided by the Seller offer the date of
acceptance of the good fumishod hereunder (acceptance not in be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by be Seller. Acceptance or use of good by the Pumhawr shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this parchaw order, the Sellers
liability hereunder shall extend to sll 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 lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes on legal mrtm by wnnen change color.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes 0 the terms. Other Nan legal terms, including additions to or dclerions from
the quantities originally ordered in the spaifications or drawings, by verbal or womn change order. If any such
change affects the smmmt due or the time ofperfurmance hereunder, an equitable adjustment shall be mode.
6. TERMINATIONS.
The Purchaser may at any time by written change order, reforms, this agreement as many or all paniom of the
goods then not shipped, subject to any equitable salmarent bereen the parties ss many work or materials men in
progress Provided dim the Purchase shall nor be liable for any claims for anticipated profits on be marra,lmM
ponion of me good erWm work, for incidental or consequential damages, and that an such adjustment be made in
favor of fe Seller wish respect to any good which art the Sellers standard stock. No such termination shall relieve
the Purchaser or be Sella affray ofeir obligations as to any good delivered hereunder
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days most the clue the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrants Not all good sold hereunder shall has, been produced, sold, delivered and famished in sent,
compliance with all applicable laws and regulations an which be goods tie subject. The Sella shall execute and
deliver such documenu as may be required to effect of evidence compliance. All laws and regulations required to be
incorporated in agreements of this character art hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from al I costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign tausfer, or convey this order, or any monies due or to become due hereunder without the
poor written oousem of the other party.
10. TITLE.
The Sella warrants Fall, clear and uruestricmd tide N be Purchase for ail equipment, mamoals, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims oL.nom.
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 be
Purchaser and the Selleq and the Seller thereafter indicates its inability or unwillingness to emnply, the Purchaser
may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchmer and its customers. of any tier from all liability and cLc ns of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party, release) and shall afford to the
directors. oMo. and employees c fsuch parry.
The Sellers contractual obligations, including acounty, shall not be deemed to be reduced, is any way, because
such work is performed or caused to be performed by the Purchaser. .
14. PATENTS.
Whenever the Seller is required to sew any design, device, material of process covered by later. patent, trademark
or copynght, the Seller shall indemnify said save harmless the Purchaser from any and at I claims for management
by reason of the me of such patented design, device, materal or process in connection with the contract, 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 proaccurion or after the completion of be work. In caw said equipment, or
any pan thereof or ffe Intended use of the good, is in such suit held to comtimte infringement and be use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment ,, pans, replace the same with substantially equal but
mainfringing equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or banknmpt, make an assignment fm the benefit of creditors, appoint a
romissur or Mums for any of the Sellers pmPeny, or business, this order may faMwith be canceled by be
Purchaser without liability.
to. GOVERNING LAW.
The definitions ofterms mood or the interpretation of the agreement and the rig m, ofall panics hereunder shall be
conseucd under and govemed by the laws of the State ofCulorado, USA.
The following Additional Conditions apply only in cases where the Sella is to Perform work hereunder,
including be services of Sellers Represenmtive(s), on be premises ofatters,
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sepals awn risk .,it the same is fully completed and accepted, and shall,
au of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Sella, the Scllcr shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials ardor equipment
were being famished by the Seller under the arch.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers a mpensmion, including occ roman l
disease benefits, to its employers employed *a or N connection with the work cosered by Nis purchase order,
and/or of their dependents in accordance with the laws of the stem in which be work is to he done. The Seller
shall elm carry commebens ve general liabiliry including, but not limited m, commented and automobile public
liability minority with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S4W,lgg1. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of omers, the Seller shall famish be Purchaser wish a certificate
that such compensation and insurance have been provided. Such ceni5cams shall specit'y the date when such
mprnwtion and insurance have been provided Such ccnificmes shall specify dens date when such compensation
and insurance expires. The Seller agrees but such compensation and imumnce shall be maintained anal after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume me entire responsibility and liabiliry for any and all damage, loss or injury of any kind
or nature whatsoever to persons err mopeny caused by or resulting from the execution ofthe work provided for in
di, purchase coder or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Parchawrs officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether ro persons or property to which be Purchaser may
be pm or subject by revwn of any act, action, reaglat, omission or default on be pan of By, Sella, any of his
contractors, or any of be Seller or contractors oRcas. agents or employees. In case any suit m other
proceedings shall be brought against the Purchaser, or its officers, agents Or employees at any time on account or
by reason of any act, action, neglat omission or default of be Seller of guy of his contractors or any of its or
their affects, agents or employees as aforesaid, me Seller hereby agrees to assume be defense thefaf and to
defend the same at the Sellers own expense, to pay any and all cost, charges, ammeys fees and other expenses,
any and all judgments that may be incurred by er obtained against the Purchaser m any of its or bar officers,
agents or employees in such suits or *met proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or offer proceedings,
Nc Seller will at *ace cause the same m he dissolved and duchargad by giving bond or otherwise. The Sella and
his contractors shall take all safety pncamioas, burnish and avail all guard na., for me prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limirtion, the
Occupational Safety and Health Act of 1920 and all tales and or olatiom issued pursuant memo.
Revised 03n010