HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9140419 (3)PURCHASE ORDER PO 140419r Page
C117/ of PURCHASE
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�slips and labels.
Date: 07/22/2014
Vendor: 109445 Ship To: STREETS DEPARTMENT
CONNELL RESOURCES INC CITY OF FORT COLLINS
7785 HIGHLAND MEADOWS PKWY #100 625 NINTH STREET
FORT COLLINS CO 80528 FORT COLLINS CO 80524
Delivery Date: 01/15/2014 Buyer:
JOHN STEPHEN
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price
Ordered
Extended
Price
6 Concrete 8 Asphalt 1 LOT EA
25,000.00
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
Pay terms net 30 days
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
L COMMERCIAL DEFADS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our E,mapda. Number v
11. NON WAIVER.
98-NS02 Federal Excise Tax Exemption Canificah of Registry 84fioo0587 is registered with the Collector of
Failure of the Purchaser m imist upon strict perfomrance of*, terms and ronlitions harof, failure or delay in
Internal Revenue, Denveq Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
ormoke any rights or remedies provided herein or by law, failure ra promp 1, notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Sol let of
Cards RejeetN. GOODS REJECTED due to failure to meet specifications, either when shipped ar due to defects of
-1 of the wamnties or obligations of this purchase order and shall no be deemed a waiver of any right of the
damage in commit, troy be reamed to you for credit and are not to be replaced exrept upon receipt of wrinm
purchaser to insist upon shirt perfomtance hereofm any turns rights or remedies as to any such good, regardless
instructions from the City of Fort Collins.
of when shipped, received or acoopscd, as to any prior or subsequent default Fernald, nor shall any pur ooed
full modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of For Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in ma,m.e to this order can result in
U. ASSIGNMENTOF ANTITRUSTCLAIMS.
promoneed 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 pracdce, overcharges resulting form antitrust
on ACCEPTANCE is dependent upcompletion of all applicable rmord ir.prrumin procedures.
violations are in fact home by the Purcbasa. Theretofore, fogood 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 hereafter
Freight Terms. Shipments most be ED U, City of Fort Collins, 700 Woad St. Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws or such overcharges relating to the particular goads or services
otherwise spwifiN on this over. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill mast acmmwnv invoice. Additional charees far parking will car be accepted.
Shipment Distance. Where annu f rmorm have donfin ing points in larmam, pans of the country, shipment is
expected from the nearest distribution paint m destination, and excess freight will be &dueled man Invoice when
shipment are made from greener distance.
Perini.. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses resigned by till
applicable laws, regulations, ordinances and rules of the suite, municipality, Ferri m, or political subdivision where
the work n 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 Fun Collins harmless fmm and against all liability and loss
incurred by them by mown of an asserted or established violation of any such laws, regulations, ovlmances, rules
am rquirearrut
AwharizatioO All parties to this summer agree that the representatives are, in fact, bona fide and Forms, full and
complete authority to bind said panics.
LIMITATION OF 'PERMS. This Purchase Order expressly limits acceptance to the rem¢ and conditions stated
heroin set IM and any supplemenary or additional rem. and cauddio w annexed hereto or i... aboard herein by
reference. Any additional or different terms and conditions proposed by voila art objeaN to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dale us noted. l'imc is of the owence Delivery out performance must be effected within the rime
stated on Re purchase over and the document touched herem. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operas m a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal end equitable remedies, the option ofplaring this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of ddays
due to rumors not reawnably foreseeable which arc beyond it mountable control and without its fault of negligence,
such acts id God, acts ice of
a military amhoding govm lay is given
nt th fires, h s r Rood, or L) rs, warshe
note provided Our notice re the conditions causing such delay is given to the Purchaser within five delivery
drys of the
time when the t Seller first received time aWge thereof, b In the so norm of any mcM1 delay, the dart of delivery shall be
extended far the penrul equal to the time actually last by reason of the delay,
3. WARRANTY.
The Seller wmmn% tout all good, articles, materials and work covered by this ova 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
similar ramre. no Seller agrees to hold the purchaser harmless from any lots, damage Or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. no Seller shall replace, repair or make
good, without cost to the purcltasm any defect or faults arising within one (1) year or within such longer penN of
time as may be preseribed by law or by the [era. of any applicable waramy provided by the Seller after the d¢ of
acceptance of the goods fmfshed heeunder (acceptance not to be unrenwnably delayed), resulting from imperfect
or defective work June or materials fumisheJ by the Solicit. Acceptance or.,a of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except us otherwise provided in this p..Raw order, the Sellers
liability hereunder shall extend to all damages proximately posed by the breach of my of the foregoing warranties
or gtaro mees, but such liability shall in no rant 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 nuke charges to legal terms by written change aver.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay made any changes to the man, .,be, than legal terms, including additions 1. or deletions from
the quamiliesoriginally footed is the specifications or drawings, by verbal Or wrirten change order. If any such
change offer. the ..man due or the time of performance hereunder, an equitable aft-finem shall be mado.
6. TERMINATIONS.
The Penchi may at any time by wrirten change order, moraines, 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 an, be liable for any claims for anticipated profit oa the me mpadod
portion affair goods mtdlor work, for incidental Or consequential damages, and that no such adjustment be made in
favor of roe Seller with tespar 1. any good which art ran Sellers standv stock. No such rermindicn shall reline
the Purchaser or the Seller of any oftheir obligations its to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (30) days fmm the date the change or gemination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hrreundrr, shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good art subject. The Seller shall execute and
deliver such documents as may be required to officer or evidence compliance. All laws and regulations required la be
incorporated in agreements of this character are hereby iner"bitN herein by this reference. The Seller agrees to
indemnify and hold the ForeM1ast, harmless from all cost and dosages offered by the Purchaser as a trial of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither may shall assign, transfer, or convey this order, or any monies due or to become due hereuvda without the
,nor wnnrn roment of the over party.
10. TITLE.
The Sella warI fall, close and mortarboard title to the Purchaser for all equipment, morerials, and items fumishad
in performance of this agreement, free and [tear of any and all fie, morticians. reservation, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE, OF SELLERS OBLIGATIONS.
If the Purchaser direct the Seller to comer nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller th tamer indicates its inability or unwillingness to comply, the Purchaser
may enure the work to be performed by the most expof itiotu means available to it, and the Seller shall pay all
cos. associated with such work.
The Seller shall ¢lease the Pumhoser and its contractors of my tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Sellers contractual obligmimts, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or cause tO be performed by tiro Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, Form, trademark
or ropynghq the Sella shall indemnify sad save hatless the Purchzrer from any and all claims for infringement
by reason of the use of such patented design, do, icp material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expa.e or dma, which a 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 said equipment, or
any pan thereof Or the intendad use of the goods, is In such suit held to corri irate infraingement and the use of
said equipment of pan is enjoined, for Seller shall, at its own expense and at its upon., either procure for the
Purchaser the right to continue using said equipment or Runs, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes marts fringing.
Is. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an saigmnent for me 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 of remas road or the interpretation of the agreement and the rights of all pnnies bereunder and be
comhued rocker and governed by the laws ofthe Sure of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to recruit work hereunder,
including the services of Sellers Reprewntativc(s), on the penises ffoNers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the scone is fully complerad and accepted, and shall,
in c of my accident, destruction or injury to the work and/or materials before Sellers Final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fumiehed by others for installation or martion by the Sella, the Seller shall receive, unload.
some and handle vase at the file and become responsible therefor as though such materials -Nor equipment
wort being famished by the Seller under the order.
18. INSURANCE.
no Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease beoef., to its employees employed on m in connection with the work mvaN by this purchase order,
anNor or their dependents in accordance with the laws of the sate N which the woo is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liabil iry insurance with bodily injury and death limits of at trust $300,000 For any one person, $500,000 for any
one accident and property damage limit For accident of S40fi000. The Seller shall likewise require his
contractors, it my, to provide for such compensation and insurance. Before any of the Sellers for his contactors
employees shall do any work upon the premises of others, fie Seller shall famish the Purchaser with is cenifrarc
than such compensation and insurance have been provided. Such moments shall specify the date who. such
and
assurance
aspires.
sp insurance have been provt such
Such certificates shall specify she date when such rom1 after the
and i ,sock is completed
The Seller agrees that such compensation and insurance shall be maintained writ alter the
entire work is romPlaN and acupred.
19. PROTECTION AGAWST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Sella will iNemnify and hold harmless the Purchaser and any
r all of the purchasers officers, agents and employees from and ii mast any and all claims, losses, dosages,
charges or expenses, whether direct or indirtet, and whether to persons or pmPeny to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit ar other
proceedings shall be brought againt the Purchaser, or its ofJicam, agents or employees at any time an account or
by yawn of any act, ¢coon, mglect, omission or default of the Seller Of my of his contmcors or any of its or
their officers, agents or employees as afrmanid. the Seller herby agrees to assume use defense thermf and to
defend the some at the Sellers own expo—. to pay any and all rams, charges,.... s fees and other fallout
any and all judgments that may be incurN by or obtained against the Purchaser or any of its or their officers,
agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or
obtained against the properly of the Purchaser, or said ponies in or as a result ofsuch suits or other proceedings,
the Seller will at once cause to same to be dissolved and disa"ed by giving bond or otherwise. The Seller and
his comments shall eke all safety prcautions, famish and install all pound necessary for the pmentiou of
accidents, comply with all laws and regulations with regard to safety including, but without Iitimation, the
Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto.
Revised 07R014