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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9143895 (2)Fort Collins Date: 10/21/2014 Vendor: 109445 PURCHASE ORDER CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS CO 80528 PO Number Page 9143895 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 07/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Kechterlrimberline Intersectio Change order 1 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 1 LOT EA Total Pay terms net 30 days Invoice Address: -5,667.59 .59 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Condit ors Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By sudge the City of Fort Collins is exempt from able and twat axes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6001 is ragisaed with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Saddles 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED doe to failure to men specifications, either whim shipped or due to defects of damage in mnsi,. may be rammed to you for credit and rare not to lie replaced except upon receipt of wooden insbmeims from the City of Fort Collins. Inspection. GOODS are subject to the City of For Collins inspection on antral. Final Acceptance. Receipt of the merchandise, sat or equipment in response to this order cat result in authorized payment on the part of the City of For Collins. However, it is to be understood that FINAL ACCEPTANCE, is dependent upon completion of all applicable required idssp mien procedures. Freight Terns. Shipments must be F.O.B., City, of For Collins, 700 Wood St., For Collins, CO 80522, unless otherwise specifed an his order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be awepted. Shipment Distance. Where manufacturers have distributing points in corim, pans of the comely, ship—., is expected from the nmrest distribution Perot to destination, and excess freight will be deducted fmm Invoice when shipments are made farm greater distance. Permits. Seller shall powers al sellers sole .1 Al necessary permits, certificates and lireaes requited by all applicable laws, minimum, unicameral and rules of the state, municipality, Territory or political subdivision where the work is performed, or required by any other duly coatimted public authority having jurisdiction over the work of v-do,. Seller further agrees to Sold the City of Fiat Collins hornless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, odianum, rates and requiremmbs. Authorization. All parties to this contract agree that the representatives am, in fan, boa fide and proems full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated herein see forth and any supplementary, or additional terms and conditions croweed heel or iac r,mated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. Y. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move oa your promised delivery date as noted Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No ace of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition of other legal and equitable remedies, the option cf placing this order elwwhnm and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due 1. ..a not mosoably foreseeable which are beyond in ..Me control and worker its fault of negligence, such acts of God, awn ofeivil or military authorities, governmental priorities, fires, strikes, nowt epidemics, wars or riots provided that notice of the conditions causing such delay u given to the Purchaser within five (5) days of be time when the Seller fro received knowledge ramf In be event of my such delay, the date of delivery shall So extended far the period rgal to be time actually Imt by nevmn afbhe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work mvered by this order will conform coif applicable drawings, spwificatiom, samples andlor other descriptions given, will be to for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a miler nature. no Seller agrees to hold the puahrna harmless fmm any it damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmity. The Seller shall replace, repair or make god, without ..at the promb rat, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by be terms of any applicable warranty provided by the Seller after the data of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or detective weak dune or malarials Finished by the Sella. Acceptance or use cifgmxB by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder skill extend to all damages proximately caused by the breach of any of be foregoing warranties or guarantees, but such liability shall in no avert include loss of profs art loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase ray make changes m legal terms by wxittm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchases any, make any ekinges o the morner, ores loan legal term. including addileas an or deletions from the quantities originally ordered in be spaina,ions or drawings, by verbal or wrinen change order. If any soh change affects the amount due or be time of performance hereunder, an equitable adjustment shall ha made. 6. TERMINATIONS. The Purchaser may at any time by within change order, mrmia a this agreement m to any or all Famous strike Saari than not shipped, subject to any equitable abnormal between the panics as to any work err materiak then in progress provided that the forename shall not be liable for any claims I'or anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in laver of the Sells, with respect to any gad which are the Sellers standard stock. No such larrinalion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date be change or tenmiatiun is ordered. 8. COMPLIANCE WITH LAW. The Seller wanonn but all good old hereunder shall have been produced, sold, delivered and Famished is strict compliance wit all applicable laws erd regulations to which the good am subject. The Seller shall execuse and deliver such d«onenls as may be commit to effect or evidence compliance. All laws and regulations astound! to at nterpreted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the paohmer hornless fmm all costs and damages suffered by be Particular as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither pay shall assign, tramfer, or convey this order, or any monies due or to become due heremder without be prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and maesmeted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of ony and all liens, restrictions, macrvmiom, security interest encumbrances and claims of orders. 11. NON WAIVER. Failure of die Purchaser to boost upon srict performance of the team and conditions hereof failure or delay to exemise my rights or remedies provided herein or by law, failure to promptly noddy the Seller in the roam rafts breach, ach, the acmmar a of or paymo r for goods hcremda or approswl of see design, shall not ml. tha Seller of any of the wareanries or obligations of this purchase older and shall not be dwmed a waiver of my eight of the purebawr,o insist upon sure, performance hereofor any of its rights or remW ies is or ary such goods, regaldless of when shipped, received we accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rewission of this purchase older by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rccoSnia, that in adal economic practice, overcharges resulting fmm antitrust violations am in fee, home by the Purchase, Theretofore, for good 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 acquired under federal or sate antitrust laws for such overcharges relating to the paic llm goods or services purchased or acquired by the Purchase pursuant to this purchase older. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dimes the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work ro be performed by the most expeddiom means available h it, and be Seller shall pay all costs asseciated with such work. The Seller shall release be purchica and its contractors of any tier film all liability and claims of any more resulting cam the performance of such work. This release shall apply even in be even of fault of negligence of the party released and shall extend to the do..., o?cm and employees of soh pars. The Sellers contractual obligatom, including warmly, shall not b, blamed in be reduced, in my way, because such work is Performed or caused to be performed by the Purchaser. Ina, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save formal the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or proecas 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 prosecution or after the completion of the work. In case said equipmimt art any pan thereof or the intended tau of the goods, is in such suit held to comtimte infringement cad the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, afce procure for the Purchaser be eight to cominee using said equipment or pros, replace the same with substantially egal but noninlringing equipment, or modify it so it becomes rmninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or ba d rupt make an assignment for the benefit of do dgm , apparel a or trustee for any of the Sellers property or business, this order may fone can celed by the Puahawer, r with, liability. 16. GOVERNING LAW. The defirldiom of burrs used or the intetprere ion of the agreement and be rights of all parties hereunder shall be condru d under and govemed by be laws ofthe State ofCaloodo, USA The following Additional Conditions apply only in caws where the Sella is to perform work hereunder, including the wrvices of Sellers Reprewntative(s), on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall cant' oa said work at Sellers own risk until the same is fully completed and accepted, and shell, in u of any accident, destruction or injury to the work anakor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. Rfen materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, wload, store and handle same at the site and became responsible therefor as though such materials soaker equipment were being fumished by be Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including w.cupatioral disease benefits, to its employees employed on or in connection with the work covered by this purcluu order, and/or to their dosendenes in accordance with be laws of be state in which be work is in be done. The Seller shall all carry comprehensive gmeml liability including, but Trot limited to, eon " aM automobile public liability imuronee with Wily injury end dear limits of err leant SlogoOo for way one parser, SSOgnOo for any one accident and property damage limit per accident of S410,0(gL The Seller shall likewise require his anourfachers. if any. or provide for such compensation end insurance. Before any of fie Sell— or no arm usams employees shall do any work upon be pmnises of others, the Seller skill fiunish be Purchaser with a certificate that such compensation and ins a have been provided. Such candidates Shan specify be date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnec expires. The Sella agrees her such compensation and instance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or may of any kind r nature whatsoever m persons or pmpeny cauwd by or resulting from the execution ofthe work provided for in this purchase order or in cowectirn herewif. The Seller will indemnify and hold kirmless be Purchaser and any r all of the Puhers rs, asofficeagenn cad employees from and against any and all claims, losses, damages, crc harges or expenses, whether direct or iedirecb, and whether to perkm or properly to which the Purchaser may the, put or subject by reason of any act action, neglect, omission or default on the par of be Seller, any of his coneactors, or my of he Sellers or committees officers, agents or employees. In case any suit or other Proceedings skill be bought against the Pmchesea or its officers, agents or employees at any time on account or by reason of my act, action, raglan, omission or default of the Seller of any of his conhadors or any of its of their officers, agents or employees as of id, the Sella hereby agrees to assume the defense thereof and to defend Ile same al the Sellers owns expense, to pay any red ell costs, charges, mtorki fees cad other expenses, my and all judgments but may Ix, rocmted by an obtained against the Purchaser or any of in or their oMcm, agents or employees ro such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchased, ce said pares in or as a result of such suits or other proseco amp, the Sella will at once cause the same to It dissolved and discharged by giving bond or otherwise. The Sella and his convectors shall take all safety material, f ish and imull all gmrd necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitarion, be Occupational Safety end Health Act of 1970 and all roles all regulations issued puma, thereto. Revived 0912014