HomeMy WebLinkAbout109445 CONNELL RESOURCES - PURCHASE ORDER - 9146988Fort Collins
Date: 11/26/2014
PURCHASE ORDER
PO Number Page
9146988 1of2
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: 11/26/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 N. College, Vine to Conifer
WO #11-400903900-14
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.com
1 LOT LS
8,450.00
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.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Intemal Revenue, Denver, Colorado (Ref. Colorado Revised human; 1973. Chapter 39-26, 114 (a).
Goods Rejected- GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit may be attuned to you fan credit and are not m be replaced except upon receipt of wr mat
instructions from the City of D. Collins.
bilateral. GOODS are subject at fie City of Fon Collins inspection m arrival.
Final Acceptance. Receipt of the merchandise, to me or equipnt in response m this oNer ce result in
authored payment on the pan of the City of Foe Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon rnmplmion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O R., City of Fan Collins, 700 Wood SL, Fall Collins, CO 80522, unless
otherwise specified an this or If permission is given in prepay freight and charge separately, the original freight
hill must ...an., invoice. Additional charges for oackin¢ will tat be mutated.
Shipment Distance. Where manufacturers have distributing paints in vances parts of the country, shipment is
expected from the nearest distribution point 1. destination, and excess freight will be deducted from Invoice when
shipments are made fmm greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, ttnificates and Iicenas rainiest by all
applicable laws, regulations, ordinances and tales of the slate, municipality, teritory or political subdivision when
the work u performed. anticipated by my other duly constituted public emboriry lann,Turiediction over the work
of vendor. Sella further agrees to hold the City of Fort Collins harmless f and against all liability and loss
recurred by than by reason of m assured or established violation of any such laws, regulatiam, ordinances, rates
and mluirements.
Authoitarian. All parties to this contract agree that the representatives are, in fact, bona Ode and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This purchase Order expressly inams acceptance to the to. and canditions stared
herein set forth and any supplementary or additional terms and conditions annexed heato or incorporated herein by
are.. Any additional or different It. and conditions proposed by seller are abjeco d m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an 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 acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older elsewhere
and holding the Seller liable for damages. Ilowaveq the Seller shall not be liable fir demages as a resYlt of delays
Jac W reuses not reasonably foreseeable which art beyond its reawnabl, mmail and without its fault ofavdigence,
such acts of God, acts ofavil or military mthorhies, govemmmtal priorities. fires. strikes, bond, cpidemia, wars or
riots provided that notice of the conditions causing such delay u given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason 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 caden other decmipuora given, will be fit for the purposes intended, and
programmed with ode highest degree of care and temperate, in ameardame with accepted standards for work of a
similar moue. The Sella agrees to hold the purchaser harmless from my loss, damage or expense which the
Purcham may suffer err imm on account of the Sellers breach ofwancnry. The Seller shall replace, repair m make
goad, without cost o Oc purchaser, my defcs or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terms of my applicable warmnry provided by the Seiler after the date of
acceptance of the goads famished hereunder (nice greac not a be unaameably delayed), resulting from imperfect
or defective work done or nwrerids famished by the Seller. Acceptance or use of goods by the Purchaser shall not
ormimte a waiver of my claim ands this womnty. Except as otherwise provided in this purchax older, the Sellers
liability heamder shall extend a all damages p..i.aaly caused by the breach of my of the foregoing warranties
or mountains, but such liability shall in no event include loss ofprofits or 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 m legal Irmo by carmen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchater may make any changes to the terms, other than legal terms, including additions to or deletions from
am quantinal miarrily ordered m the specificalions or drawings, by verbal or writr,n change order . If any such
change effects the amoum due or the time afpafommce hereunder, an equitable adjurorent shall be made.
6. TERMINATIONS.
The Purchaser may in any time by wrinm change maker, arnamm this agreement as to any err 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 not be liable for any claims for anticipated profits on the uncompleted
portion of the goads sniffer work, for incidental or cm¢equenrial damages, and that no such adjustment be made in
favor of ode Seller with respat to any good which are the Sellers standard stock. No such accumulation shall relieve
the Pureham or the Sella of any oftheir obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Anr claim for adjustment most be asserted within thins (30) days from the due the chang, or amhamo is
ordered
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations m which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required rot be
ncoryanted in agreements of this character am hereby mcoryanted irtin by this reference. The Seller agree to
indetmify and hold the pumbaser hamlas floor all rases and damages sugared by the Purchaser ss a mull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, mnsfeq or come, this order, or my monies due or to beoome due hereunder without the
prior carmen consent ofthe other party.
10. TITLE.
The Sella warrants full, clear and uaresfcted title to the Purchaser for all equipment materials, and items fivaished
in performance of this agreement free and clear of any and all liens, mlriedons, reservatiom, secretary intent
mcmnbfaacas and claims orothers.
I I. NON WANER,
Failure of the Purchaser to insist upon scrim performance of the terms and conditions hereof, failure or delay to
y rights or medies provided herein or by law, failure to promptly notify the Seller in the event of
basch� mm
the acceptance ofor payment for goods hereunder at approval ofthe design, shall not release, the Seller of
any of the namares or obligations of this purchase order and shall tat be deemed a waiver of any right of the
purchaserto insist upon strict Pa.. hereof or my of its rights a, raaedies as m may such goods, regualleas
of when shipped, mativad or acco teQ as no my prior or subsequent default hereunder, nor shall my patpomd
oral modificam n or rescission of this purehasc order by the Purchaser operate as a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser ocognim Our in actual economic proven , overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for goad cause and in lemidendm for executing this
purchase order, the Seller Emery assigns W the Purchaser my and all claims it may now have or hereafter
acquired Older EWenl or state antitust laxs fan such overcharges mulling to Je pmricnlm goods or services
purchaxd m acquhed by the Purchaser pursuant 10 this purchase older.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the purchaser direcrs the Sella to comet nonconforming or defective goods by a date to W View upon by the
Purchaser and the Selleq and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall releme the Purchaser and its ammucrors of my tia from all liability and claims of my ratum
mulling fmm the performance ofsuch work.
This alease shall apply aen in the event of fault of negligence of the pury alcood and shall extend to the
directors, officers and employees of ouch parry.
The Sellers contractual obl aroma, including warranty, shall not be deemed to be reduced, in any way, because
.such work is performed or caused to be performed by the Purchases.
14. PATENTS.
Moreover the Sella is required 1. use any design, device, anerial or process nexcred by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchases bum my end all claims fan infringanmt
by mutual of the use of such patio ed design, device, nu mid of process in connection with the contract, and
Oil indemnify line Parabola for any cost expense or damage which it may be obliged in pay by reason of such
impingement at any time during the prosecution or and the completion of the work. In ass, said equipment, or
any pan thereof or the intended use of the goods, is in such suit held In 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 fir the
Purchaser the right to continue using said equipmeat or puts, replace the same with substantially equal but
norecfnging equipment, or modify it sot a becomes noninfi nging_
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment fan the benefit of creditors, appoint a
or trustee for any of the Sellers property or business, this older may forthwith be, canceled by the
Purcbaer, without liability.
16. GOVERNING LAW.
The defniriom ofit. used or the interpretation ofthe agreement and the rights of all parties hemunda shill be
rammed under and govemed by fire laws of the Slam of Colorado, USA.
The fallowing Additional Conditions apply only m cases when the Sella is to perform work hereunder,
including the servicesof Sellers Represenmive(s), on the pmmuses ofoNers.
❑. SELLERS RESPONSIBILITY.
The Seller shall only on said ..,it at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work tanker materials befog Sellers final completion and
acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchaser. When materials
mod equipment are f ished by others for installation or meant by the Seller, the Sella shall receive, unload,
store and handle some
ed the sin and become responsible therefor as though such mammals mNor equipment
wan being fumisbed by the Salter under the order.
18. INSURANCE.
The Seiler shall, at his own expense, provide for the paymml of workers compemarion, including mcupmional
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contrmmal and automobile public
liability insumnce with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any
accident and property damage limit per accident of S400,00K). The Sella shall likewise requia his
mnmmors, if any, to provide for each compensation end insurance. Before any of the Sellers or It. mntucm.
employees shall do my work upon the premisesof others, the Sellershall fmish the Purchases with a cenifuwte
Jut such compasmrion end insurance have been pmvided. Such catifimtes shall specify Jr. dam when such
compensation and Inamonce have been provided. Such certificates shall specify the date when such compecrsntion
and insurance expires. The Seller agrees Nat such compensation and insurance shall i mamnined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the come responsibility and liability for any and all damage, lens or injury of., kind
or wort whatsoever ta persons in property caused by or resulting hour the execution of the walk provided for in
this pnrclon, oNer .,,a camectian herewith. The Seller will undulatory and Hold hatless the Purchaser and my
or all of the Purchasers office t. agents and empmyees fern and against my and all claims, losses. damages,
charges of expenses, whether direct ar indirect. and whether to persons or property, to which the Purchaser may
be put err subject by move of any act, action, ncdccr, omission or default on the part of the Sella, my of his
conlnaors, or any of the Sellers or contractors .meets, agents or employees. In case my suit or oNer
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of my art radon, naglm, omission or default of the Seller of any of his conmmars or any of its or
their officers, agents or employees res aforesaid, Ole Sella hereby agrees to resume the defense thereof and to
defend the some at the Sellers own expeam, W pay my and all costs, cbarga . attorneys fees and other expenses,
any and all judgments tit may be incurred by or obtained against the Parthuer or my of its or their of e..
agents m employees in such mils or other proceedings, and in case judgment or other lim be placed upon or
obtained against the property of the purchaser, or said putties in or in a result of such suits or other p endings,
the Seller will at ouce cause the same ro be dismlvN and dlscharged by giving band or otherwise. The Seller next
his contractors sill take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all miles and regulations lssued pursuant thereto.
Revised 0M014