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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9145690of Fort Collins Date: 10/01/2014 PURCHASE ORDER PO Number Page 9145690 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 109445 Ship To: OPERATIONS SERVICES CONNELL RESOURCES INC CITY OF FORT COLLINS 7785 HIGHLAND MEADOWS PKWY #100 300 Laporte Avenue FORT COLLINS CO 80528 Building B FORT COLLINS CO 80521 Delivery Date: 10/01/2014 Buyer: JOHN STEPHEN Note: Line Description - Quantity Ordered UOM Unit Price Extended Price 214 N. Howes - Wellness Clinic 1 LOT LS 32,128.00 Provide a turnkey sanitary sewer service per work order #460905 dated 8/20/14. 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.00m 128.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions By statute the City of Fon Collins in entrant from site and local mxw,. Our Exemption Number is ILNONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upan unit pafom once Of the terms snit conditions heed, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided heron or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods R treat 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 not b<deemed a waiver of any fight of the damage in monad, may be mmmd to you for credit and are not to be replaced except upon re arl of conned purchaser to insist upon spirit performaeesre hereof., any plus rights or remedies as to any such grads, regardless inswclum, from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed pal modifwuon or scission of this purchase area by the Purchaser operate as a waiver of any of the It. Inspection. GOODS ere subject to the City of Fon Collin inspection on spinal. hereof. Final Acceptance. Receipt of the merchandise, services or mpripinent in response or this order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fon Collins. However, it is 10 be underslood tbmFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations a or in fuel home by the Purchaser. Thommilam far and come and as consideration l'or executing this purchase order, the Seller hereby designs to the Purchaser any and all claims it may now have or hermfe Freight Trans. Shipments must be F.O.D., City of Pon Collins, 700 Wood St., For Collins, CO 80522, unless acquirtxl under federal or spite sentient laws for such overcharges existing to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight parchned or acquired by the Purchases purswnt to this Purchase order. bill must accompany invoice. Additional charges for parking will not bo accepted. NCE OF SELLERS OBLIGATIONS. Ifi PURCHASERS PERFORMANCE Shipment Distance. Where manufmmrers have distributing points in various parts the shipment u Purchaser diretts the Sella to coned nonconforming or defective goods by a date to be aged upon by the Sella de d form I enameled from the even distribution point to destiweion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella therenfluirindicates inability m unwillingness in comply, the Parc shipments ere made from greater dismwe, ship shall by the mutt expeditious means ewilable m it, and the Seller shall pay all may cause the work to be most pay orformW costs nsocimed with such work. Permits. Sells shall procure at sellers sale cost all nee scary pennies, cenifcmm and licenses aqulml all w sand piles the mime, subdivision where political son applicable laws, regulations, oared The Seller shall release she Purchaser and its commnors of my tier man all liability and claims of any wwre l authority a in over The work is performed, or required by any other duly d public by public authority having] lice slut the work resulting from the rerfo,mnnce of such work. Fort Collinsed indict vendor. Seller fumher agrees 10 hold the City ofFortCoGout and against all liability and loss furl, of troy incurred by them by mason of nn assured or mmblishd violation of any such laws, regulations, ordinanm, piles in This release shall apply even ethe meal of Taub of negligence of 1ye parry relened sand shall extend a the andeqm ruireents, tlirecoors, oRrn cand employes oreach parry. Authorization All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authonry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set faith and any supplementary or toldnima l amrs and conditions annexed hereto or incorporated herein by reference. Any additional or differentterms and conditions proposed by seller arc objected nand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou tamer make complete shipment an arrive on your promised delivery date as roes. Time is of the essenre. Delivery and perfamtantt most be effected within the time small rn the purchase order and the documents muched hereto. No acts of the Pumbners including, without limitation, acceptance oriental late deliveries, shall operate On a wi ivm of this provision. In the event ofany delay, the franchise shall have, in addition to other legal and equitable remedi s. the option of placing this area elsewhere and holding the Seller liable for damages. Ho mm, the Seller shall not be liable for damages as a result of delays due to causes not easonably foreseeable which are beyond an reasonable central and without its fault of negligence, such acts mGod, ncu of civil or militery authorities, govemmen al Frontier, fires, strikes, flood, epidemics, wars or Mots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of 1be time when the Sella first received knowledge thereof. In the event of my such delay, the date of delivery sholl he expended far the perod equal to the time actually Imt by reason of the delay. 3. WARRANTY. The Seller warrants thm all goods, articles. materials and work covered by gin order will cant with applicable drawings, specifications, smarten 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 'milar nature. The Seller agrees In hold the purchaser harmless wen any loss, damage or expense which the Purchaser may sufferer incur on account Of the Sellers breach of wapp nly. The Seller shall replace, repair or make good, without cost to the purchase, any defects or fcala nosing within one (I) year or within such longer pMod of time it, may he presented by law or by the terms of any applicable womdmy provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unaccountably delayed), resulting fmm catarrhal or defective work done or materials Mountain by the Seller. Acceptance or use of goads by the Purchaser shall rest amtitute a waiver clarity claim under this warmnry. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofilia, foregoing wanamin or guarantees, but such liability shall in m event include Ins mprofits or Ins 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 to. by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may stake any clanger 1. the terms, note, Uan It reran, including addition 10 or deletion from the quentium ongimily nNemd in Me sponiliweiom or drawing, by sxrbal or women change mile,. If any such change cur ecu the amount due or Ue time of performance hereunder, an equitable adjnlmml shall be made. 6. TER ATIONo. The Purchase may t any time by written change order, terminate this agreement an, to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics or m any work or materials then in progress provided that the Purchaser shall not M liable far any claims for anticipated profits an the ma mpined Portion of the goods and/or work, for incidental or cancequential damages, and that no such adjostmrnt I e made in favor of the Sella with respect to any goods which ore den Sellers standard stock. No such armiratim shall relieve the Purchase fir the Seller of any affair obligation as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be, nsened within thirty (30) days from the dam the change ar termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Pomishd in inner compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such documents as may M r rfumed to effect or evidence compliance. All aws and regulation required ro be incorporated in agreements of $in character are hereby iMeoepaated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless room all emu and dmoagrs suffered by the Purebasm as a mule of the Sellers failure commonly with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this aide, or any monies due or 10 breams due hereunder without the prior written consent of the other party. Ifi. TITLE. The Sellewamwts full, clear and umespicled idle m the Pumhaser for all equipmea, namomn, am it. famished in pert ante of this agrecmen, f and else of any and all lien, restriction, resm'otion, seeuriry innocent mcumbm.c'n and claims ofoUers. The SCllcr6 contactual obligations, including womanly, shall not be deemed to W rNwed. in any way, because each work is performed or Caused to be saforined by the Purchaser. 14. PATENTS. Wbenevenhe Seller is required to use any design, device, material or process coverts by letter, roan, trademark or copyright, the Seller shall indemnify and save hominess the Purchaser fmm any and all claims for infn'ngement by reason of the use of such patented design, device, material or process in connection with the contract, and shall iMemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reopen of such inGngement in any time during the prosecution or after the completion of the work. In cow said equipment, Or my Wn thereof or the intended use of the goads. is in such into held a canfitme Infngemenl and the use of said equipment or pan is enjoined, the Seller shall, 91 its own expense and e1 its option, either procure fen the Purchase the right to continue using said equipment or pram, replace the mine wida substantially equal but noninfnnging equipment, or modify it s, it becomes noninfrr'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, op,mm a err ,are far any of the Sellers property or business, this Order may forthwith be canceled by de, Purchaser without liability. Ifi. GOVERNING LAW. The defnitharss afit. used or Ue interpmall.n affair agreement aced be rights of all panic hereunder shall be construed under and go waned by the laws ofthe Spite ofColori USA. The following Additional Condition apply only in crown where the Sella is to perform work hereunder, including the services of Sellers Repseseoulimbs), oa the premises of.1i 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk writ the same is fully completed and accepted, and shall, in case of my incident, destruction or injury to the wort: cougar materials before Sellers Bud completion and acceptance, complete de, work m Wham awn expanse and to the satisfaction of the Purchaser. When materials and equipment me fumuhd by others for installation or erection by the Sella, the Sella shall receive, unload, store and handle mine ere the site and become mposible therefor as though such materials wd/or equipment were being fuMihd by the Sella under the order. 18. INSURANCE. The Seller shall, a1 his .sera expense, provide for the payment of workers compensation, including me.,atlowl disease benefirs, to its employees employed on or in connection with the work covered by this purchase order, nnd/o, to their dependents in accordance with the laws of the smut in which the work is to be done. The Seller shall also carry comprehenive gmeml liability including, but Met limited to, conlmmul and automobile public liability inumrwe with bodily injury and demh limits of an term Sion." far any one person, 550D.— for any fie mcidenl and popeny damage limit per accident of S400,000. The Seller shall likewise require his Bring, to provide for such mon,ansvtlon and insurance. Before my ofthe Sellers or his commemem employees shall do any work upon the pemises of ethers, the Sella shall fumish the Purchaser with a rertifieste, that such contrenmion and tnurance have ban provided. Such cenifcame shall specify the date when such compensation and insurunce have been provided Such certificates shall specify the date when such compensation and insurance 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 Sella harry aunmes the moire responsibility and liability for any and all damage, loss or injury crony kind r nature txhauoever m person or pmpeny caused by Or mulling form the extraction of the wad provided for m this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indircc, and whether to persons or propMy to which the Purchaser may be put or subject by reason of any act, nation, neglec, emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors sneers, agents or employees. In case any suit or other proceedings shall be brought again the Purchaser, or its officers, agents or employees at any time on account or by reaoun of any act, ration, twelve, omission or default of the Sella of my of his contractors at any of its or their officers, agents m employees as afaexaid, the Sella hereby agrees to asstttw the define thermf and to defend flow same at the Sellers own expeme, t. pay any and all costs, charges, attorneys fees and paver exp now,, any had all judgm.. that may he imma d by or pbaa M against the Purchaser or any of its or their eficrn, agents or employees m such suits or other proceedings, and in caw judgment or other lam be placed upon or obtained against the property of the Purchaser, Or said parties in or as a cult ofmch 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 contractors shall mine all safety operations, fumish and install all gourds necessary for the prevention of accident, comply with all laws and regulation with regard to safety including, but without limitation, the Om tpmloal Safety end Health Act of 1970 and all rules and regulation issued pursuant them.. Revised 07n014