HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9145269Fort Collins
Date: 09/11/2014
PURCHASE ORDER
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS CO 80528
PO Number Page
9145269 101`2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 09/11/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 INV 014384 - PLUM ST
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
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
1. COMMERCIAL DETAILS.
Tart amorphous. By statute the City of Fon Collins is exempt from state and local taxes.Om Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cerificam of Registry M-6000587 u regismood with the Cullom, of
Failure of the Purchaser m auto upon Orrin performance of the at. and aradiuiars hereof, failure or delay to
lntcnW Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
Not the acceptance ofor payment for goods hereunder or approval of the design, shall Out release the Seller of
Goods Raijecrad, GOODS REJECTED due to failure m meet specification, either when shipped or due to def is of
any of the warranties or obligations of this purcham order and shall not be darted a waiver of my right of the
damage in wnsit, may be mumM Io you for arvii and are Out to be replaced except upon receipt of wrimen
Purchaser in insist upon stria performance here ifor my of its rights or mnedies as to my such good, regardless
imuucumix from the City of For Collins.
of when shipped, received or accepted, n to my prior or subsequent default hacavder, Our shall my purported
oral modification or scission of this purchase order by the Punchiest operate n a waiver of my of the tams
Impaction. GOODS am subject m the City airport Collins inspection on arrival.
hereof.
Firm) Acceptance. Receipt of the merchandise, services or equipment in respoae 1. this order can reach in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aufh mined payment on the pan of the City of Fon Collin. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual tt act is price, avealarga resulting fromnatimut
ACCEPTANCE isdependentuponcompletionofall applicableox rind inspection procedures.
violatioam in fact bone by the Purchaer. Tharemirq far good cause and. consideration for executing this
purchase order, the Seller hereby assign to the Pmchaser any and all claims it may now have or hemafter
Freight Teens. Shipment, most be F.O.B., City of Fan Collins, 700 Wood St. Fon Collins, CO $0522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goad or services
mhenist specified an this order. If permission is given W prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant o this purchase order.
bill must accompany invoice. Additional charges for packing will not be arcepled.
Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted q'rom Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at salters sole cost all necessary permits, certificates and licenses required by all
applicable laws,..gulalions, mdamncs and mles of the state, municipality, moitnry or political subdivision where
the work is performed, or requital by any other duly mnslimted public authority having jurisdiction aver the work
of vendor. Seller buffer agrees to hold the City of ran Collins brimless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
Authorization. All parties to this contract agree that file representatives are, in fact. bona fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terns and conditions dkoM
herein set forth and my supplementary or additional ream and conditiom area d beram or incorporated hemin by
referentt. Any additional or different terms and exndifors proposed by seller are objected m and hereby ojafM.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Team camor make complete shipment to arrive on your
Promised delivery date n noted. Time is of the essence. Delivery and perfOlmmce most be effected within the time
stated on the purchase order and the documents attached hereto. No rots of the Purchasers including, without
limitation, acceptance of pmial late ddivena, skull operate as a waiver of this provision. In the event i f any delay,
Ike purchaser shall have, in addition to other legal and equitable remedies, the option ofplacimg this order elsewhere
and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not ministrant foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, act of civil or military authorities, governmental priorities, fires, strikes, Btmd, epidemics, wan or
nob provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the fine actmlly In1 by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials end work covered by this order will ...to., 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 accepmd standards For work of a
similar .mare. The Seller agrees m hold the purchaser harmless from any loss damage or expaue which the
Purchaser may suffer or incur on account of the Sellers breach of wmranry. The Seller shall replace, repair art make
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time by may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dam of
acceptance of the good famished hereunder (macrame not to be unreasonably delayed), resulting from imperf xt
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
onlimm a waives ofr, claim under this warranty. Except as othawse provided in this purchase order, the Sellers
liability hereunder, shall extend to al I timing. proximately caused by the breach of my of the foregoing warranti.
or gmmntas, but such liability shall in no went include loss of profits an loss of use. 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 whom change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser nay make any changes no the terms. other Jan legal urea, messm, addition na or delamm, form
line quantities originally ordered in the specifications or drawings, by verkil or written change order. If my such
change affects, the amount due or the time ofperforemsec hemunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change offer, terminate this agreement as to any or all Panama of the
goods then not shipped, subject o any equitable adjustment between the parties m to any work or materials then in
progress provided that the Purchaser shall at be liable for any claims for anticipated profits on the uncompleted
portion of the 6raxis and/or work, far incidental car c.negtratial damages, and that na such adjuslmml be made in
favor of the Seller with respect to any goods which are the Sellers sundand stock. No such lamination shall relieve
the Purchaser or the Seller of any of their obligations an to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the Life the change or lamination is
Ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in amid
compliance with all applicable laws and regulation m which the goods are subject. The Seller shall execute and
deliver such documents in may be required to bred or evidence compliance. All laws and regulators required to be
on"n od in agreements of this chamcter are hereby itimpommd herein by this reference The Sella e,.a 1.
indemnify and hold the Purchaser harmless firm all casts and dmagma suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither may shall assign, tranfer, or convey this order, or my monies due or 1. become due haeuMer without the
poor wnmm amex mt of the other Fury.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Prembuer for all equipment, materials, aM items fumished
can performance of this agreement, free and clew army and all liras, morticians, .1iors, security interest
mcumbmm. and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaer directs the Seller to correct nonconfomning or defective goods by a date an be, agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness Or comply, the Purchaser
may cane the work to be performed by the must expedition means available to it, and the Sella shall pay all
casts ancsimM with .bh work.
TTe Seller shall releae he Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of Uc party released and shall extend to the
directors, officers and employees ofauch party.
The Seller's wnnartnl obligations, including warranty, shall not he damed to he reduced, in my way, because
such work is farmamM or caused m he performed by the Purchaer.
14. PATENTS.
Whenever the Seller is required an use any design, device, maedal or process awmal by lamer, patent trademark
copyright, the Seller shall indemnify and save harmless the Purchaser fiom my and all claims for infringement
by reason of the use of such patened design, device, material or process in voi n cton with the comma", and
shall indemnify the Purchaer for any cost expense or damage which it may be obliged to pay by reason of such
infringement at my time during the pro earth n or after the completion of the wask. In rase said equipment, or
any part thereof or the intended use of the goods, is f such suit held to constitute infnngemem and the use of
said equipment or par is joined, the Seller shall, at its own expense, and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially all but
noninfringing equipment, or modify it as it becomes noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this under may forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definition offerors red or the interpolator afllm agreement and the rights of all parties hereunder shall be
camfined under and governed by the laws oflhe Stale of Colorado, USA.
The following Additional Conditions apply only in where the Sella is in perform work hereunder,
including the services of Sellers Rcmatenmtive(s), on thecases
premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry can said work at Selleas own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work radar materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the smishceion of the Pu cknove. When and ods
nod equipment art fmished by others for irsullmim or section by the Seller the Seller sbdl receive, unlaM,
stare and handle same at the site and become rapunible therefor n though such materials ,ardor equipment
were being frnished by fire Seiler under the order.
18.INSURANCE.
The Sella shill, at his own expense, provide for the payment of workers compnsauon, fcludg occupational
disease beni m its employees employed on or in cremation with the, work covered by this purchase order,
md/or to their dependants in acrodance with the laws of the sole in which the work is to he done. The Sella
shall also carry comprehensive general liability including. but not limited to. command and automobile public
liability insurance with bodily injury mod death limits of a1 teal S300.000 for my one person, S50J." for any
arm accident and property damage limit per accident of S400,000. The Sella shall likewise require his
andou rs, if my, to pmvi& for such compensation and insurance. Before any of the Sellers Or his combenors
employees shall do any work upon the premiss of others, the Seller shall furnish Ilan Pmnhism, with a certificate
that such compensation and insurance have been provided Such certificates shall specify the dam when such
compensation and Inumnce have been provided. Such cerificma skill specify the date what such compensation
and inumnce expires. The Seller agrees Out such compensation and insurance skill be maimmM until after the
entire work is completed and accepted
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rapersibiliry and limbil It, for any and all damage, loss or injury of my kind
r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or is crawalon herewith. The Seller will indemnify and hold harmless the Purchaser and any
Or all of the Purchasers officers, agents and employees from vad against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by most of any rot, action, neglect, omission or default on the part of the Seller, my of his
contmams, or my of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its olBeea, agmis or employees at my time on account or
by mamn of my act action, neglect, omission or default of the Seller of my of his contractors or my of its 0r
their officers, agents or employees is, aforesaid, the Seller hereby agora to assume the defense thereof and so
defend the same at the Sellers own expense, to pay my and all casts, charges, amomeys fees and offer expenses,
my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such arils or other proceedings, and in case jedgmmt or other has be placed upon or
obtained againt the property, of the Purchaser, or said pmia in Or ex a fault of such suits or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving Not at ofenise. TLe Sella and
his contmaors shall take all safety pmxmbms, ftmdsh and install all guards necessity for the prevention of
accident, comply with all laws and regulations with raft W artery including, but without limitation, the
Occupational Safery and Health Act of 1970 and all rules and regulation issued pursomt theem.
Raised 07Q014