HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9143895Fort Collins
Date: 07/11/2014
PURCHASE ORDER
PO Number Page
9143895 101`2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 109445
Ship To:
ENGINEERING DIVISION
CONNELL RESOURCES INC
CITY OF FORT COLLINS
7785 HIGHLAND MEADOWS PKWY #100
281 N COLLEGE AVE
FORT COLLINS CO 80528
FORT COLLINS CO 80521
Delivery Date: 07/11/2014
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Kechter/Timberline Intersectio
1 LOT
LS
286,631.70
PER TERMS AND CONDITIONS OF BID 7650
AND CONTRACT DATED JUNE 15, 2014
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
70
Purchase Order Terms and Conditions
Page 2 of 2
1. COhfMERC ALDEfA11S.
Tax exemptions. By statute 6e City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is
11. NONWATVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000581 is registered with the Collects, of
Fail= of the Purchaser to insist upon SINCE performance of the terms and condifians hercof, failure n delay to
Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Ssmtes 1973. CIWtcr 39-26, 114 (a).
exercise any rights or remedies provided heain or by law, failure to promptly notify the Seller in the event of a
breach, the wroplmen ofor payment for goods ha —der or approval at design, shall Or releme the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this Purchase order and shall Dot be deemed a waiver of my fight of the
damage in maosR, may be retuned to you far credit end are not to be replaced except upon receipt of written
purchaser w major upon strict performance hereofor my ofits rights or comedies as to any such goods, regardless
instructions fro the City of Fort Collins.
of when shipped, rtcoic d or accepted, as 1. any prior or subugnent default bannedtt, nor shall my purported
oral modification or scission of this purchase order by be Purchaser operate as a waiver of my of the ems
Inspection. GOODS are subject to be City of Fort Collins inspection on interval.
beaus(.
Final Aceptnce. Receipt of an merchmdiser, services or equipment in response to this order can result m
12. ASSIGNMENTOF ANTITRUST CLAIMS.
authorized payment on the pat of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize Nat in acaul armament practice, overcharges restating Gum amborrat
ACCEPTANCE is dependent upon completion are]] applicable required inspection procedure.
violations am in fact home by the Purchaser. Theretofore, for good came and as comideramen for oncoming this
purchase order, the Seller hereby assigns to the Perchance my and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless
acquired under federal or state antibust laws for such overcharges relating to be particular goods or services
otherwise specified on Nis o le, If permission is given to prepay fight and charge mparmely, the original freight
purchased or acquired by the Purchaser pursuant to this purchase ordc.
bill must accomuanv invoice. Additional charges for Decision will not be accented.
Shipment Distance. Where crmufcturcrs beve distributing points in various parts of the comtry, shipment is
expected from the crest distribution point to destination, and excess fight will be dedackd from Invoice when
shipments art made( greater distance.
Permits. Seller shall procure at sellers sole cost all monastery, permit. certificate and licenses required by all
applicable laws, regulations, ardionnces and roles of the state, municipality, teritory or political subdivision whom
the work is perforated, or required by any other duly commtimted public authority having jurisdiction over the work
of vendor. Seller furnace agrees to hold the City of Fort Collins homeless from and against all liability and loss
incmred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requir menu.
Authorization. All podia to this contract agree that be repasenstivns are in fact bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits accep,mce to the to. and mnditiom stated
herein at forth and my supplementary at additional term end conditions anexed been. or incoryomtad herein by
reference. Any additional or different comes and cndiuons proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou [annul make complete shipment to arrive on your
promised delivery date as noted. Time is of the assents. Delivery and performance must be effected within the time
stated oa ne purchase order and the documents attached hereto. No was of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis prevision. In the event army delay,
the Purchases shall have, in addition to other legal and equitable remedies, the option of plaring this order elsewhem
and holding the Seller liable far damages. However, the Seller shall sal be liable for damages as a result of delays
due to causes not mmnably foreaeeable which am beyond its reasonable control and without its fault ofnegligence,
such tees of God, acts ofeivil or military authorities, governmental priontics, fires, strJes, flood, ryidemics, wars or
not provided ]bar notice of the conditions coursing each delay is given an the Purchaser wilhia five (5) days of fe
time when the Seller first received knowledge thereof. In the event of my such delay, be date of delivery shall be
extended for to period equal to the time actually lost by mason of the 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 be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted mndads for work of a
omit, nature. The Seller agrees so held the purchaser hamdess from my loss, damage or expense which %e
Foretaste may suffer or incur on account of fe Sellers branch of wareanty. The Seller shall replace, repair or make
good, without cost to be purchareq my def o s or faults nosing wihin one (1) year or within such longer period of
time a may be prescnbM by law or by the toms of cry applicable wartanty provided by the Seller after the date of
acceptance of the goods famished hereunder war plane at 10 be, wrammmbty delayed), resulting from imperfect
or defective work done or materials finished by the Seller. Acceptance or use, of goods by the Purchaser shall not
c mmons a waiver of any claim rider Nis werm ny. Except as otherwise provided in this pumhw order, the Sellers
liability hereunder 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 lass of profits ter loss cruse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other Nan legal arms, including additions to or deletions from
On, qua originally ordered in the specifications or dmw'mga, by venal or wrinen change order. If my such
change affect be amount due or be time ofperform nce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all ponimss of the
goods fen not shipped, subject w any equitable adjustment between the ponies as w any work or materials then in
progress provided that the Pnrchaer shall not be liable for any claims for anticipated profits an the uncompleted
portion of be goods and/or work, for incidental or comegnential damages, and that an such adjustment be made in
favor of the Seger with respect to any goods which we be Sellers standard stack. No such Lenin anion shall relieve
be Parchuer or be Seller army ofthci, obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within airy (30) days (ram the date the change or temminution 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 whirl, the gndx are subject. The Seller shell execme and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incoRoate i in agreements of this character are hereby incorpamted herein by this reference. The Seller agrees to
indemnify and hold the Perchance harmless from all cost and damages suff ed by the Purchaser ae a result of the
Sellers failure to comply with such raw.
9. ASSIGNMENT.
Neither parry shall assign, Domain, or convey this order, or any monies due or to become due hereunder without the
Few turn consent of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Puchaser for all equipment, materials, and items famished
in performance of this agreement, ftes and clew of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofathcrs.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs to Seller to correct nonconforming or defective Sn& by a date to be agreed upon by the
Purchase, and to Seller, and be Seller thereafter indicates its inability or unwillingness to comply, be Purchaser
may cause the work w be performed by the most expeditiaua mears available to it, and the Seller shall pay all
coma aasew a rid wife such work.
The Seller shall release the Purchaser and is contractors of my tier from all liability and claims of any mrom
resulting from the performance ofmch work.
This release shall apply even in the event of fault of negligence of the parry classed and shall extend to the
directors, officers and employees of such party.
The Seller's commuting obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is Peefoemed or extend w be, performed by the Parch user.
14. PATENTS.
Whenever the Seller is required to uee any design, device, material or process covered by Imer, patent, trademark
or copyright. the Seller shall indemnify and men harmless the Purchaser from my and all claims for infn'ngemm,
by reaon of the on, of such patented design, device, national or process in concoction with the canner, and
shall indemnify fe Purchaser, for my, rest, expa. or damage which it may be obliged to pay by rcacn ofruch
infringement at any time during the prosecution or afterthe completion of the work. In case said equipment, or
any par 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 Seller shall, at its own expense and at its option, either procure for the
Purchaser the eight to continue in, said equipment or parts, replace the same with substantially equal but
nonin inging equipment, or modify it so it becomes mmnfringing.
15. INSOLVENCY.
If des Seller shall become maolvem or baNwpt. make an assignment for no benefit of creditors, appoint a
Deceiver or beence for any of the Sellers pesper[y, or business, this order may fotthwith be angled by the
Purchaser withnt liability.
16. GOVERNING LAW.
The definition orientate used or the iatcepamtion ofthe agreement and the rights of all parties heceundershall be
construed under and governed by the laws arrive State ofCalorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services ofSellm Repasentative(s), on the peemises ofofers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Scllcer own risk ntil the same is fully completed and accepted, and shall,
in se of my wrident, chmorMon or injury to the work abhor materials before Sellers fine[ completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of be Purchaser. When materials
and equipment art famished by others for installation or erection by the Seller, the Seller shall receive, unload,
,tort end handle same at the site end become respomible therefor as though ouch materials mdrm equipment
were being famished by be Seller under the order.
I S. INSURANCE.
The Seller shall, at his awn exprm, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the were covered by Nis purchase order,
and/or to their dependants in accodam, win be laws of the state W which Ne wode is to be done. The Seller
shall also cam comprehensive general liability including, but Dot limited w, nnrrdetal and automobile public
liability insurance wit bodily injury and death limits of at least 5300,Oo0 for any one Person. S500,000 for any
one mcidem end r,my damage limit per accident of 5400,000. The Seller shall likewise require his
contractors. if my, la provide for such compensation and insu xraa. Before my of to Sellers or his contractors
employees shall do my work upon the premises of others, be Seller shall furnish to Pmchasm with a certificate
that such campmmtion and instances have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such cwtifi.eas shall specify the date when such compensation
and imumnce expires. The Seller 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 Seller herby assumes the entire responsibility and liability for my and all damage, lass or injury army kind
at coma whomever wpersons or property rammed by or resulting!race the execution ofthe work provided for in
this perobase order or in connection herewin. The Seller will indemnify end hold hamtless the Purchaser and any
ter it of the Purchasers olBccrs, agents and employees from and against nay and all claims, lasses, damages,
dmrges or exposes, whether direct or indirect. and whether to perans or property, to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on be part of be 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 against she Purchase, or its officers, .,act or employees at any time on account or
by reams of any act, action, neglect, omission or default of the Seller of any of his emtraetoes or any of is or
their officers, agents or employees a aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at to Sellers own expense, to pay my aad AI costs, charges, anomeys far. and other.,.as,
my and all judgmenm that may be incurred by or measured against the Purchaser or my of its or their officers,
agents or employees in such sums or other praccumpy, and in use judgment or other lice be placed upon or
obmined against the pmperry of rise Purchases. or said posies in or as a result ofmch suits or other proceedings,
fe Seller will at nee. the same to be dissolved and discharged by giving band motherwise. The Seller end
his entmem. shall cake all safety pmo f ens, famish and install all guards necessary for to prevention of
accidents, comply wish all laws and regulations with regard to solely including, but without limitation, to
Occupational Safety and Heals Act of 1970 and all miles and regulations issued pnrsomt thereto.
Revised 03R010