HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9147159PO
PURCHASE ORDER 914715er Page
C1171 of PURCHASE
9147159 1 of z
' `t Collins
lints This number must appear
` V ` 1' on all invoices, packing
sli s and labels.
Date: 12/05/2014
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS CO 80528
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
Delivery Date: 12/05/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Soapstone Road Repair
per work order dated 11-6-14
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
fintell�169
74,993.20
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rder Terms and Conditions Page 2 of 2
1. COMMERCIALDEfAILS.
Tax cxomFlions. By statute the City of Fan Collins is exempt f stale and luoal odes. ton Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered wild the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtutcs 1973, Cheerer 39-26, 114 (a).
Goads Rejected, GOODS REJECTED due to failure to men specificatims, either when shipped or due to defects of
damage in narrit, may he returned m you fur credit and am not to be replaced except upon receipt of written
instructions tram the City of Fan Collins.
Inspectian. GOODS are subject m the City effort Collins inspection oa amval.
Final Acculturate. Receipt of the merchandise, advice or equipment in mponse to this older ran result in
authorized payment can the Fan of the Ciry of Fort Collim. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Perms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sc, Fan Collins, CO 80522, unless
otherwise specified on this cold. If pemrisaion is given to prepay freight and charge solidarity, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in cannot, pans of the country, shipment is
external tram the nearest distribution point to discounted, and excess freight will be deducted from Invoice when
shipments core made fmm granter distance.
Pardo. Seller shall procure at sellers sale cost all reeessary pandits, adifwtes and lit. required by all
applicable laws, regulations, ondimnces and ales of the state, municipality, territory on political subdivision where
the work es performed. or required by my other duly coatimted public authority having jurisdiction over the work
of vendor. Sella fuller agrws 10 hold the City of Fan Collins hamrlas from and against all liability and loss
incurred by them by reamer of an exameed or establisMd violation of any such laws, regulations, ordinances, ales
and requirements.
Authorization. All parties to lhis conduct agree Nat the representatives are, in fact, bona tide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein sot at and any supplementary or additional teams all do nitioa amexed had. or incopomted herein by
reference. Any additional or different seems and conditions proposal by seller we objected to and fides rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyoa donut make complete shipment to arrive on your
Promised delivery date as noted. Time is of the dated. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No net of the Purchasers including, without
limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision In the event story delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such arts ofGad, acts of civil or military ambodtie; governmental priorities, tire; strikes, Rood, epidemics, was or
riots provided that satire of the conditions causing such delay is given to the Purcbmel within Five (5) days of the
time when the Seller Gm raeived knowledge thereof In the event of my such delay, the date of delivery shall be
extedal far tie period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all gaud, articles, materials and work covered by this order will conform with applicable
drawings, spdifidtions, 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 standards far work of a
similar nature. The Said agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on mSellers breach of the Sellbreach of warranty. The Sella shall replan, repair or make
good, without cost to the parchasd. any defects or faults arising within are (1) year or within such longer period of
time m may be prescribed by law or by the terms of any applicable warranty provided by the Seller alter the date of
acceptance of the goods futnishal hereunder (acceptance not to be unreasonably delayed), resulting from impart t
or defective work done or materials famished by the Seller. Acceptance or use of goad by the Producer shall not
ocu irate a waiver ofany claim under this womary. Except so otherwise powdcd in this pubabase older, the Sellers
liability heremda shall extend to all damages Presumably roused by the breach ofany of the foregoing warranties
or guarantees, but such liability shall in an event include loss of pmfrs 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 terms by written change coder.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any change to the terms, other than legal arms, including additions to or deletions fmm
the gtmatium originally ordered in the specification: or drawings, by critical or written change cede. If any such
change affects the amomt due or the time of,,fommwce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by waned change order, terminate this agreement as to any at all portions of the
goods then not shipped, subject or, any equitable ad mucand between the parties as to any work or mmcnals then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good sulfur work, for incidental or comcnuential damages, and that no such adjustment be made in
favor of the Seller with ra,,W 1. any goad which are the Sellers standard stack. No such lamination shall relieve
the Purchaser or the Seller ofany of their obligations as, many goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be rimed within thirty (30) days from the date the change or termiwtion is
oolcrxd.
8. COMPLIANCE WITH LAW.
The Sella warmnas that all goods sold hereunder shall have been produced, said, delivered and famished in stria
compliance with all applicable laws and regulations ro which the goods arc subject The Sella shall execute and
deliver such el ors m may be required to effect or evidence compfiance. All laws add regulations required to be
incorporated in agreements of this character me hereby incorpomted herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from.11 casts and damages suffered by the Purchased as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, ware(, or convey this odd, or any monies due or to become due hereunder without the
prior wrined consent of the other party.
10. TITLE
The Seller warraors full, clear and tuuetraded title as He Purcbuer for all a plipmm, mxddmI , and it. fiumis ed
in performance of this agreemenl, f and clear of my and all lids, restriction, reservations, security interest
encumbrances add claims ofothers.
I L NONWAIVER.
Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify thc Seller in the event of a
breach, the acceptance afar payment for golds hereunder or approval off. design, shall not releae the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
purchaser to imist upon shier performance hereof or any of its rights or remedies a to any such goads, regardless
of when shipped, received or accepted, as to any prior or meanders, default hereunder, nor shall any puryoned
oral madifcation or unladen of this purchase order by the Putchad opemte as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller end the Purchand recognize that in actual economic practice, overcharge mulling from antitrust
violations are in fact borne by the Purchaser. Theretofore, for good cause and as comidmtion for examing this
purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter
acquired under federal or sate antitrust laws for such overcharges filming to the particular goods or service
purchased or acquired by the Purdevin pursuant to this purchase order.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date in be agreed upon by the
Purchaser and the Seller, and the Seller therdfed indicates its inability or unwillingness to comply, the Pmchasa
may cause the work to he performed by the most expeditious means available to it and the Seller shall pay all
cans aramcimal with such work.
The Sella shall relcme the Putchnsn and its contractors of any tier fmm all liability and claims of any moure
resulting fmm the Performance of such work.
This release shall apply even in the event of fault of negligence of the party relemW and shall extend to the
dvecton, aRcers and employees ofsuch parry.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser
14. PATENTS.
Whemver the Sella is required to ase my design, device, material or pradeas induced by liner, palm; trademark
or copyright, the Seller shall indemnify and save harmless the Purchases fmm any all all claims fen infringement
by rem` n of the use of such patented design, device, .,coal or process in connection with the contract, and
shall indemnify the Portland for any cost, expense or damage which it may be obliged to pay by regard ofsuch
infringement at my time during the pmaecution or after the completion of the work. In case said equipment, or
my pan thereof or the intended use of the goods, is in such suit held to constitute management and the was of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either promre for the
Pvrebnser the right to continue using said equipment err pans, replace the some will substantially equal bur
noninfringing mnipmenf, or modify it sa it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bad:mpt make m standards for the benefit of creditors, appoint a
macer or trustee for any of the Sellers progeny or business, this order may forthwith be canceled by the
Purchmer without liability.
16. GOVERNING LAW.
The&fiaili.. oft. used or the immigration fthe agreement and tit rights ofall panid becianden shall be
construed under and governed by the laws office, State ofColowdo, USA.
The following Additional Conditions apply only in where the Seller is to perform work hereunder,
including the services of Sellers Repraductive(s), on thecases
premises abutted.
19. SELLERS RESPONSIBILITY.
The Seller shall curry on said work at Sellers own risk until the same is fully completed all mcepred, and shall,
in se of any accident, destruction or injury to the work carbon materials before Sellds final completion and
acceptance, complete she work at Sellers own expense and to the satisfaction of the Puchaer. Islam materials
and equipment are furnished by others for installation on, addrm by she Seller, the Seller shall receive, unload,
store and handle same at the sae and become responsible therefor as damlb such materiak and/or equipment
were being famished by the Sella under the oiler.
18. ESSURANCF..
The Sella shall, at his own expense, provide for the payment of waders compensation, including occupational
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 any mmprehass ve gem col liability including, but not limited in artan zeal and aummobile public
liability imumnec with bodily injury and death limits star least $300,000 for my one person, 5500,000 for any
one accident and propmty damage limit per accident of 5400,05d. The Seller shall likewise require his
anvmtars, if any, as provide far such cempcndrion all insurances Before any of the Seller or his. —In.
employees shall do any work upon the premise of other; the Seller shall fumuh the Purchaser wind a certificate
that such compensation all insurance have been provided. Such ttnifdtd shall specify the date whin such
compensation and insurance have been provided. Such califiri shall specify the date when such compensation
add insurance expires. The Sella agrees that such compensation and insurance shall be meninmiaed until add 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 injury of zny kind
or nature whatsoever to persons or property caused by or mulling fmm drc execution of the work provided for in
this purchase order or in communist herewith The Seller will indemnify and hold harmless the Purehmdr and any
r all of the Purchasers aRcers, agents and employers from and against any and all claims, kwad, damages,
charges at expanded, whether diced or radical, and whether b persons or property to which the Purchaser may
W put or subject by reason of any act, action, neglect, omission or default on the pm of the Sella, my of his
demanders. or any of the Sellers or conuanors aRcers, 'ems or employees. In case any suit or other
proceedings shall be brought against the Purchuer, or its officers, agents or employees at my time on account or
by dawn of my act, action, neglect omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees as assume the defense thereof and to
defend the same at the Sellers awn expense, to pay my and all casts, chaMa, moneys fees and other expenses,
any and all judgments fat may be incurred by or obtained against the Purchmer or any of its or fair otlicers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once now, the same to h, dissolved and discharged by giving bond or otherwise. The Seller and
his contmcton shall take all safely precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard m safety including, but without fimitmion, do,
Occupational Safety and Health Ad of 1970 and all cola all regulations would pursuant danda.
Revised 07n014