HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9143629PURCHASE ORDER PO Number Page
C117/ of PURCHASE
43629 t of
Flirt Collins( hisnumbermustappear
!-\V`I ` V ` �7 on all invoices, packing
sli s and labels.
Date: 06/30/2014
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: 06/27/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 STREET & BRIDGE MAINT SERVICES
SHIELDS @ ELIZABETH PATCH
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
5,654.30
Total
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.
T'as exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of
Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1923. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet sped findom, either when shipped or due ro defects of
damage in transit, mry be Ormond an you for credit and .not to be reply d Ones,, upon receipt of wrinm
i charm ons from the Cray of Fort Collins.
Inspection. GOODS are subject to the City of Pon Collins inspection on mrival.
Final Acr,mwe. Retire, of the merchandise, se r e,cipntan in response to this order car result it
authorized payment on the an of the City of Fan Collins. Iloweva, it Is to be umkrstood that FINAL.
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be TOM, City of Few Collins, 700 Wand St., I. Collins, CO 80522, unless
orhemou specified on this order. If permission is given an prepay freight and charge separately, the anginal freight
bill must accompany invoice. Additional charges for parking will not b, accepted.
Shipment Distance. Where manufacmren have diarlb om, points in whime, pans of the country, shipment is
expected from the nearest distabutlon paint to destination, and excess freight will he dcductal from Invoice IM1on
shipments are made from greater distance.
11. NONWAIVF.R.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach,tthe acceplantt of or payment for goods hereunder or approval of Ihe design, shall not release the Seller of
any of the warranties or abligations of this purchase older and shall not be dented a waiver of any night of the
purchaser m insist upon strict performance hereofce any of its nights or remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereanda, nor shall any puryaned
what modification or rescission of this purchase older by the Prach uer opcmte as a waiver of any of the tern
hereof.
12. ASSIGNMENT 017 AN 111 RUST CLAIMS.
Seller and the Purchaser recognize that in actual economic pmclice, overcharge, resulting from antrum[
violations are in fad farm, by the Purchaser. Theretofore, for good cause and as commehation for executing this
purchase order, ens Seller hereby assigns to the Pumhasa any and all claims R may now have W hereafter
acquired under federal in sate antitrust laws for such mxtcbarges elating an the paniculre goads W aeryicu
pueM1ased or acquired by the Purchaser Forward to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser drivers the Seller to correct mmem immning w defective goods by a date 1. be agreed upon by the
Pnrchaer and the Seller, and the Seller thereafter indicates as inability or unwillingness m comply, the Purchaser
may cause the work to be performed by the most expeditious means available 10 it, and the Seller shall pay all
costs umdmed with such work.
Pa... Seller shall ., at sellers sole cost all necesvry permits, enifinc es end licensex required by all
applicable Lows, regulations, ordinances and calls of the sure, municiW lay, temwr, or political subdivision when
the work is performed, at reauirtd by any other duly constituted public authority basing jurisdiction over the work
of vendor. Seller fprher agrees m hold the City of Fort Collins hmmtee, Loom and against all liability and lass
ncm of by them by anown of an asserted Or established violation of any such laws, regulmions, oMinances, rules
and requirements.
Authorization. All parries to this contract agree that the repreunbtieve are, in fact, foal fide and posxss full and
omplee authority 10 bind said parries.
LIMITA'I ]ON OF TERMS. This Purchase Older expressly limits aceparese to the rearm aM conditions sorted
herein set foah and any sehilemaaary in additional mina and condition armesed hurts, or incorporated herein by
reference. Any additional ar different terms and road.,,. imposed by seller me objected 1. vad hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot mote, complete thinner, to arrive on your
promised delivery date as acted. Time ix of the esaence. Delivery and performance must he effected within the time
,well on the purctarcw order and the documents attached herein. No acts of the Pamhosad including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event orally delay.
the Purchaser shall have, in addition 1, other legal and cqu table remedies, the option of placing this older elsewhere
and holding the Seller liable for dvnit,cr However, the Sella shall not be liable for damage as a esck of delays
due to causes not ov wmbly fre,weable which are beyond its reasonable central and without its fault ofnegligenee,
such acts of God, acts of civil or military authorities, governmental plateaus, rates, stakes, rood, epidemics, wars or
riots provided that ndice f,ha conditions coming such delay is given to the Purchaser within five (5) days of the
time when the Seller rot received knowledge thereof. In the event of any such delay, the Ilan, of delivery shAl be
extended for the period equal to the time actually dos, by reason of he delay.
3. WARRANIY.
The Seller warrants that all good, articles, materals and work covered by this order will conform with applicable
drawings, specifications, samples andor other descriptions given, willed fit for the puryoses intended, mM
performed with the highest degree of care and co n,esence in accordance will, accepted sh ndard for work of a
similar nature, The Seller agrees as hold the purchaser formless from any loss, damage or expense which the
Purchaser may suffer or incur on account afthe Sellers breath of wmrumy. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year Or within such longer period of
time m may be prescribed by law or by the tram of any applicable whinnty provided by the Seller after the date of
acceptance of the goad famished hereunder (acceptance not to be unreasonably delayed), resulting from impafcct
or defective work done or materials fumisM1ed by the Seller. Acceptance or use of good by the Purchaser shall no,
ons,imm a waiver of nay claim under this warranty. Except as otherwise provided w this purchase order, the Sellers
liability In ewder shall entered m all damages proximately caused by the breach of any of the foregoing whammies
or guamntces, but such liability shall in no event include loss Of profits or lass of use. NO IMPLIED WARRANTY
OR M F.RCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal harms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to ,he reams, office than legal form, including addition, to or deletions firm
the quantuala originally ordered in the specifications m drawings, by verbal or wn.. change order. If any wch
change officers the amount due or the rime of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may it, any time by warm, change nrde, armorial this agreement as to any or all portions of the
goods then nor shipped, subject to any equitable adjustment between the parties 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
,anion of the good andor work, for incidental or antiterrorist damages, and that no such adjustment Its, made in
favor of the Seller with reseal, W any goofs which we the Sellers standard stock. No such termination shall rehieve
the Purchucr m the Seller of any wrisen obligations as an any goads delivered larmande,
T CLAIMS FOR ADJUSTMENT'.
Any claim for asljustnrent mast be msened within thirty UO) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished 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 retied to effect or evidence compliance. All Lows and regulmons required m be
ncoryomted in agreements of this character are hereby incorporNd herein by this reference. The Sella agrees to
indemnify and hold the Purchaser broader, from sll costs and damagm suffered by the Prechuef as a reach of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, concern, or convey this older, or any monies due or to become due hereunder without the
Prior written consent of the other pary.
10. TITLE,
The Seller warrants full, clear and unrestricted title to the purchaser for all ximpmena, nationals. mod items f ishe l
in pendommince of this agreement. Free and clear of any and all lieu, man charm, reservations. scomm, inters,
encumbrances and claims oforams.
The Seller shall ,lease the Purchaser and its comment, of any ran from all liability and claims of any nature
resulting floor the plommu al afsuch walk.
This release shall apply even in the event of fault of negligence of the party released and shall extend m ,he
duccum, officers and employees afsuch patty.
The Settee, c ormatual obligations, including warranty, shall not be Jeered to be reduced, in any way, because
such work is,,dunned or caused m be performed by the PurcMser.
14. PATENTS.
Whenever the Sella is required to use any deign, device, material or process covered by letter, poem, trademark
or copyright, the Seller shall indemnify and sm'e harmless the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, mmerial 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 Forwent lon or after Ihe completion of the work. In caw said equipment, or
any pan thereof or the included see of the goods, is in such suit held m constitute infringement and the 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 nghl an continue using said equi,seal or pans, mplwi, the same with subsumimly equal but
roninGnging equipment, or modify it w it becomes nonwftingmg.
15. INSOLVENCY.
If the Sella shall become in -hem or bankmpl, make an assignment for the bench, of creditors, appoint a
Produor ounce for any of the Sellers property or business, this under may forthwith be canceled by the
cer without liability.
if. GOVERNING LAN'.
The definitions oftertu noted her the inreryrnation ofthe agreement and the rights of all Wnies hereunder shall be
autmed under it g ,.d by she laws ofthe Sum of Colorado, USA.
The following Additional Condition apply only in moves vda a the Sella is to perform work hereurceq
including due services of Sellers Repesenutive(s), on the premises ofothem
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in ase of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work set Sellee, own expense and to the satisfaction of the Pmchuer. When materials
anJ equipment are famished by others far imulls ion or erection by the Seller, the Seller shall n ive, mdoad.
store and handle same in the site and become understate therefor as though such mmerials enNor equipment
were being fumishd by the Sella under the order.
19. INSURANCE.
'I he Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed oa m in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the stem in which the work is an be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and aummobia peflir
liability insurance with bably injury and cloth limit, of a, least $300,000 for any one person, S500,000 for any
wri accident and proltes,Y damage limit per water,. of S400,000. The Sella shall likewise rrquire his
contractors, Harty, to provide for such compereation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premise of.ther, the Sella shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such cerifieatm shall specify the date when such
compensation and insurance hm'e been provided. Stich certificates shall specify the date when such aampe ,mion
and immune expires. The Sella agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby au .the entire respouibilit, mad liability for any call all damage, loss or injury army kind
in ore whatsoner to persons or pWany convert by or resulting from the execution of the work provided for in
this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether an persons or propeary to which the Pumhaer may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
comments, or any of the Sellers or comments Officers, agents or employees. In case any suit or other
proaedurp shall be brought against the Purchaser. or its officers, agents or employees at any fiche On account Or
by reason of any act, union, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents an employees as aforesaid, the Seller hereby agrees to assume thc defense thereof and to
defend the same at the Sellers arson explore, as pay any and all costs, char,., wour s fee, aM 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 wits or other proceedings, and in case judgment or other lien be placed upon or
Obtained against the prupeny of be Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his ,nntract,rs shall take all safely precaution, famish and install all guard me., fur, she prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Ocapatiowl Safety and Health Act of 1970 and all rules and regulations issued pursuant Orerem.
Revised 03QOIO