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HomeMy WebLinkAbout109445 CONNELL RESOURCES - PURCHASE ORDER - 9150187Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS CO 80528 PO Number Page 9150187 10f7 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 ASPHALT PER 1 LOT LS 20, 000.00 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 2 Concrete & Asphalt 1 LOT LS 10,000.00 TERMS & CONDITIONS OF BID 7377 a Concrete & Asphalt 1 LOT LS 80,000.00 Concrete & Asphalt 1 LOT LS 300,000.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 91501 7 Page City of PURCHASE 9150187 2 er s F/' rt Collins In C This number must appear !-\V`I ` V ` �7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Total $410,000.00 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By soma the Ciry of Fon Collins is exempt from sane end local rues. Our Exemption Number is 98,04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Become, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-Z6, 1IC (a). Goods Rejected. GOODS REIECTED due to failure to men speci0cations, either when shipped or due to defects of damage in tranct may be foamed be you for credit and are not to be replaced except upon recomt of worsen incombrns from the City effort Collins. Inspection. GOODS are subject to the City affirm Collins inspection on avaval, Final Acceptance. Receipt of the merchandise, services or equipment in optimise to this order can resell in autltonred payment on the pan of the Ciry of Fort Collins. However, it is w be understood that FINAL ACCEPTANCE is dependent upon cone hero n.fdi applicable rryuired impaction procedures. Freight Terms. Shipments an. be F.O B. City of Fort Collins, 7M Wood 5t, Fon Collins, CO 80522, unless otherwise specified on this 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 accepted. Shipment Distance. More manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cos all necessary permits, cenifcates and licenses required by all emnicable laws, regulations, ordinances and pales afthe state, municipality, territory or Poland subdivision where Me work is performed or required by any other duly constituted public aWwnry havingjurisdiction over the work of vendor. Seller but agrees to hold the City of Fort Collins harmles from and against all liability and loss tetiered N them by reawrn of an reserved or established violation of any such laws, regulations, ordinances, pulp requirements. Authori ration. All parties to this receptor agree that the representatives tie, in fact, bona fide and posses full and complete authority or bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Me terms and conditions stated herein set foM and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected an and hereby rejected. 2. DELIVERY_ PLEASE ADVISE PURCHASING AGENT immedimely if you cannot make complete shipment to arrive on your promised deliverydue as noted. Time n of the essence. Deliveryand performano r mum be effected within the time stated an the purchase order and the documenes attached hereto. No aces of the Enrchaent including, without limitmon, acceptance of partial late delivenq shall operate u a waiver of This pmvidon. f the event of any delay, the Purchaser shall have. in addition w other legal and equirable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, Me Seller shall not her liable for damages as a result of delays due to carom not reasonably foreseeable which are bervond its reasonable conaol and without its fault of negligence, such acts of God arts of cavil or military authorities, governmental pnontip, firer, strikes, flood epidemics, wars or riots provided Ma coder of the conditions nosing such delay is given to the Puahcter within five (5) days of the time when Me Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 3. WARRANTY. The Seller woman that all goods, articles, materials and work covered by this order wall conform with applicable dnxings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agreen to hold the purchaser harmless fmm any loss, damage or expose which hie Purchaser may suffer or incur on account of the Sellers breach of watranry. The Seller shall replace, repair or make good without fort to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the term of any, applicable warranty provided by the Seller, after the date of acceptance of the goods furnished hereunder baccepmna not to be unreal ly delayed), resulting from imperfect or defective work done or materiels famished by the Seller. Acceptance or use of goods by the Purchaser Ad] not constitute a waiver of any claim under this warranty. Except u otherwise poreided in this purchase order, the Sellers liability hercwder shall extend w all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event Include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes or legel terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than lend temm, including oho men w or deletions form Me quantities immially .roped is the specifications of drawings, by veAo or wdmert change order. If any such B'ec change ats summerth Me summer due or e time of perforremember,ce remember, an equitable adjustment shdl be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all sections of the goods then not shipped, subject to any equitable adjustment between the proves as to any work or materials Men in progress provided that me Purchaser shell not be liable for any claims for anticipated pmfts on the uncompined Portion of the goods and/or work, for incidental or consequential damage, and that no such adjustment be made in favor of the Seller with respect any goods which are Me Sellers standard stock. No such termination shall relieve the Purchaser or Me Seller of any of their obligations as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum be awned within thirty (30) days from the date the change or proportion is ordered. S. COMPLIANCE WITH LAW. The Seller, warrants Mat all goods sold hereunder, shot have been produced, sold, delivered and fumished in mint compliance with all applicable laws and regulations to which Me goods are subject. The Seller shall execute and deliver such documents as may be required w effect or evidence compliance. All laws and regulations required w be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from ail cam and damages suffered by Me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shill assign, transfer, or convey this order, or any mother due or w became due hereunder without Me prior winner moment of Me other perry. 10. TITLE. The Seller wsmanes fell, clear and unrestricted tide to Me Purchaser for all equipmena materials, and items fumished in performance of this movement free and clear of any and all lieu, restrictions, reservations, secunry inform encumbrancm and claims afothers. I I. NONWAIVER. Failure of the Parchuer to insist upon stein performance of Me terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, fall tito promptly codify the Seller in the event of a breach,me acceptance of or payment for goods hereunder or approval of the design, shall not reflects, the Seller of any of the warranties or obligations of this purchase order and shill not be deemed a waver of any right of the purchaser to insist upon river performance bereofor any of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Improved oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of Me terms heraref. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise thas in actual economicm an practice, oveedrarges resulting frotitrust violations are in fact home by Me Purchaser. Theretofore. forgoodrouse and in consideration for executing this purchase miler, the Seller hereby assigns to the Purchaser pry and WI claims it may now have or hereafter acquired under federal or mate antivmt laws for such overcharges relating to the parcular goods or services purchased or acquired by the Purchaser pursuantto this puahue order, I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a data 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 to be performed by hie most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release rise Panderer and in compactors of any per fmm ill liability and claims of any nature resulting from the performance cefsuch work. This release shall apply corn in the event of fault of negligence of the parry released and shall extend to the dirmtch,.Rcers and employees of such parry. The Sellphs conceptual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. Id, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by local, parent, trademark or copyright, Me Seller shall Indemnify and save harmless the Purchaser from any and all claims Poe infringement by reason of Me use of such patented design, device, material or process in connection with the contrast, and shall indemnify Me Purchaser for pry cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after Me completion of Me workle case said equipment, or any pan thereof or the intended use of Me goods, is in such suit held to constiute infringement and the uec of said equipment or pan is enjoined, the Seller shill, a its own expense and in its opium, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially read! but noninfringing egtupment, or modify it w it becomes conil f raging 15. INSOLVENCY. If hie Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, affect a receiver or prefer for any of hie Sellers property or business, this order may fnhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms cited or the interpretation of the agreement and the villas rich papers remainder shall be construed under and governed by the laws of the State of Colored., USA. The following Additional Conditions apply only in cases where the Seller is to prom m work hereunder. including the services of Sellers Reprmentmive(d), on the premises afothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk wail the same is fully completed and accepted, and shall, in use of any wo dem, destruction or injury to the work and/or contends before Seller's final completion and acceptance, complete the work at Seller's own expense and to the salisfrstion of the Purchaser. When materials and equipment are fumished by others for instillation or erection by the Seller, the Seller Mail receive, unload, store and handle same at the site and become responsible therefor as though such matends and/or equipment were being burnished by the Seller under hie order. 18. INSURANCE. The Seller shall, or his own expense, provide for the paymem of workers compensation, including occupational disease benefits, to its employees employed on or in cowection wi a the work covered by this purchase order. and/or to their dependwes in accordance with the laws of the mac in which the work is to be done. The Seller shall elro carry conrmachemive generel liability includin& but net limited W. wntuxud and auwmabile public liability irmuance with bodily injury and death limits of in least $300,000 for any one permn. S500,000 for any one accident and property damage limit Per accident of W(R.000. The Seller shill likewise require his contractors, if any, to provide for such compensuion and insurance. Before pry of the Sellers or his contractors employees shill do any work upon hie premises of others, the Seller shall furnish the Purchaser with a ceni ficate film such compensarion and insurance have been provided. Such certificates Mail specify the date when such compensation and insurance have been provided. Such certif catesshdl specify The date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until per the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes Me antic responsibility and liability, for any and all damage, loss or injury army kind r nature whatsoever to persons or property caused by or resulting firm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdes Me Purchaser and any or ail of Me Purchasers officers. agents and employees from and against any and all claims, lopes. damages. charges or expenses. whether direct or In lives and whether to Panmas or property an which Me Purchaser may be pm or subject by reason of any act, otion, neglect omission or default on the pan of Me Seller, any of his contractors, or any of Me Sellers or contractors officers, agents or employees. In case any suit or other proceeSngs shill be brought Meant the Purchaser, of its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any offs or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Me defense thereof and to defend Me same as Me Sellers own expense, w pay any and all costs, charges, attorneys fees and other expenses, any and ail judgments that may be incurred by or obtained against Me Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lies be placed upon or obtained against the property of the Purchaser, or raid parties in or in a result of such suits or other proccanimp, Me Seller will a once cause the sane as be dissolved and discharged by giving bond or otherwise. The Seller and his contractors she take ail safety prewutiom, furnish and )nail all guards necesay, for the prevention of ucidenu, comply with ail laws and regulations with regard to artery inclWin& but virhout limitation, the Occupational Safety and Health Act of 1990 and all ones and rgWmiom issued pursuant there.. Revised 07n014