Loading...
HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9142949City of Fort Collins Date: 05/23/2014 PURCHASE ORDER Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS CO 80528 PO Number Page 9142949 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 05/23/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 PER UTILITIES AGREEMENT 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 LS Total Invoice Address: ::11 11 M City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certifiure of Registry 84 6000587 is registered with the Collector of Failure of the Purchaser to insist upon street performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in me event of h breach, the acceptance of or payment for goods hermoder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure an meet specifications, either when shipped or due to defects of any of the ammonite, or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tratui , may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or Parishes as he any such goods, regardless instructions Gram the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, an, shall any garmated oral modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on artivat fiereof. Final Acceptance. Receipt of the merchandise, servmen or equipment in response to this order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa me part of the City of Fan Collins. However, it is 10 be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting hour antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser.Theremfre, for good cause and as consideration for screening 'his purchase Peak, the Seller hereby assigns 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 Wood St., Pan Collins, CO 80522, unless otherwise sp ncifid on this order, if permission is given to prepay freight and choose separately, the original Bright bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pens of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dedrued from Invoice when shipments are made from greaser dicance, Permits. Seller shall procure at sellers .Is cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules spite, slot,, manicipelity, uniitery or political subdivision where The work is performed, or required by any other duly eonstitmed public authority havingnavol ction over the work of vendor. Seller further agrees to hold We City of Fad Collins harmless from and agaioa all liability sad loss ed by them .,a ir son of an ass od or established violation of any such laws, regulation, ordinances, roles incurred ourmig nemmts. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and o r,lere authority to bind said parties LIMITATION OF TERMS. This Purchase Order cap ressly limits acceptance to the terms and conditions stated herein it forth and any supplementary or additional terns and conditions annexed hereto or memorialist herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby mfeeted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your promised delivery date m noted Time is of the essence. Delivery and performance must be effected within the time styled Pit the purchase order and the ifia mend attached fterelo. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis provision. In the event of airy delay, the Prialimer shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere read holding me Seller liable for damage, Howevq the Seller shall not be liable for damages as a result of delays due as causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such it, of Gad, actor of civil or milimry authorities, movie menml priorities, fire,, strikes, flood, epidemics, wars me Birds provided that notice of the csdilirns causing such delay is given to me Purchaser within five (5) days of the time when the Seller first received knowledge d¢reef. In the event of any such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 3. WARRANTY. The Seller wavonts Char all goods, articles, mcrunid, and work covered by this oMer will exam. with applicable drawings, specificatuns, samples andor other descriptions given, will tin ❑t far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller spaces to hold the purchaser harmless from any loss, damage or expenu which the Purchaser may suffer or incur on account ofine Sellers breach of wavanty. The Seller shall replace, repair or make god, common cost 10 tls purchaser, any defter, or faults arising within one (I) year or within such longer peril of time as may be prescribed by law or by the terms Many applicable warranty provided by the Seller after the date of acceptance of the greds furnished hereunder (acceptance net to be unreasonably delayed), resulting from comedic, or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this country. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by lie breach of any of the foregoing warranties or guarantees, but such liability shall in no event include ]us, of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal terms by written change oMer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal terms, including additions m or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time of perfomsanw hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this Voren ant as to any or all portions or the goods grainer shipped, subject to any equitable adjustment between the parries as to any work ex materials then in progress provided that the Purchaser shall net 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 m such adjustment be made in favor of the Seller with respect to any goods which me me Sellers standard stock_ No such termination shall relieve the Purchaser or the Seller of any of their rblach rat as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Perforation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hacunder shall have been produced, sold, delivered and Nmished 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 effect or evidence compliance All laws and regulations required to be incorporated in agreements of this chvmaa are hereby incorporated herein by this reference. The Seller agrees 0 indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure an comply with such Iaw. 9. ASSIGNMENT. Neither party shall assign, trartefn, or convey this order, or any monies due or to become due hereunder without me prior author consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted fitle or me purchaser for all equipment, materials, and items furnished in performance of this agreement, Gee and clear of any and all liens, romictions, reservations, security interest en umbrowes it claims ofrth,us acquired under Extend or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be Wred upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwilliagesss to comply, the Purchaser may cause the work to be performed by me most expeditious means available a it, and the Seller shall pay all costs assrciatd with such work. The Seller shall release the Purchaser and its convectors of any tier from all liability and claims of any nature resulting from the performance of auch work. This release shall apply even in me event of fault of negligence of the party released and shall extend to the directors, officers and employees of such porky. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by me Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, undertook or copyright, the Seller shall indemnify and save barmleu the Purchaser from any sad all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contmcl, unit shall indemnify the Purehuer for any cost, expense m damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work In case said equipment, or any part thereof or the intended one of the goods, is in such suit held to eonstimte infringement and the use of said equipment Pr 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 or parks, replace the same with substantially equal but nrninfri using equipment, or modify it so it becomes marinfiingins 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment her the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofrhe agreement and the rights of all parties hereunder shall be consumed order and governed by the laws of the Sate ofColom e, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, indoding me services of Sellers Refferm ative(s), on me premises of omers. 17. SELLERS RESPONS I INLITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or tophy to the work and/or materials before Seller's Dan] completion and acceptance, complete the work at Seller's own expense and m the satisfaction of the Purchaser. When anderia6 and equipment are famished by omers Cur installation car mention by the Seller, me Seller shall mrson, unload, store and handle same to the no and became responsible therefor as though such materials and/or equipment were being mrnished by the Seller under the order. 18. 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 of me cote in which the work is to be done, The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit, of at least S300,000 for any one Person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his cont-roon, if any, to provide for such compensation and inaumnee. Before any of the Sellers or his contractors employees shall de any work upon the premises of others, the Seller shall finish the Pmchicer with o certificate that such compensation and insurance have been provided. Such cer6ficams shall specify the date when such compensation and insurance have been provided. Such certificates shall sperify the date when such eompeasation and insurance expires, I he Seller agrees that such compensation and insurance shall be maintained mail after 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 damage, loss or injury of any kind or nature whatsoever to persons or property caused by or heari ng from the execution ofine work provided for in this peach tie order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purs of ficers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether an persons or property to which the Producer may be or or subject by reason of any act, acrion, neglect, omission in default oa me part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought again', the Parch m, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of me Seller of any of his conraclon or any of ins or their officers, agents or employees as afressid, me Sella hereby agrees to assume the defense thereof had 10 defend me some at the Sellers own expeme, In pay any and all Posts, charge', Vioncy, fees and other expenses, any and all judgments that may be incurred by or obtained against me Purchaser or any of its or their officers, agents m employees in such salts or ether proceedings, and in case judgment or other lien be placed an or obtained against he property ofine Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same on he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, finish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard 10 safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regular Ins issued pursuant movies Revised 03R010