HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9146985Fort Collins
PURCHASE ORDER
Date: 02/02/2015
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS CO 80528
PO Number Page
9146985 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 02/02/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Change Orderl
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.wrn
inlliii��1
34,950.00
Total $34,950.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
I. COMMERCIAL DTFAIM.
Tax exemptions. By statute the City of Fort Collins is exempt from store and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with Me Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26,114 (a).
Good Rejected. GOODS REIECTED due to failure to meet spcciftwtiona, either when shipped or due of defers of
damage in tmmat may be returned no you for credit and ere rot to be replaced except upon receipt of written
instructions form the City of Fort Collins.
IMspation. GOODS are subject to the City of Fon Collins inspectim on social.
Final Acceptance. Receipt of the merchandise, servicas or informant in margins, to this order wn result in
aulhoind payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL.
ACCEPTANCE. is dependent upon completion of all applicable raluirW inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, poor Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay freight and charge sepmumly, the original freight
bill must accom n nv invoice. Additional charges for Packing will not be accepted.
Shipment Distance. Where m nut turers have distributing points in us pans of the country, shipment is
expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments am made from greater distaoce.
Permits. Seller shall ,rerun at sellers sole cost all necessary permits, certificates and liccnsa requital by ell
applicable Imas, regulations, mdamner, and tales of the state, municipality, temtory or political subdivision where
the work is Performed, or requited by any other duly mostimad public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collars harmless from and against all liability and loss
incurred by them by mason of an normal or established violation of any such laws, regulmtiom, ordinances, rules
and mag iremcnts.
Antagonistic., All parties to this contract agree Bur the representatives ere, in fact, bow fide and pas ss full and
complete authority to bind said pmaes.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the tcnrn and condition stated
herein set fond and any supplementary, or additional tams and conditions annexed hrrem or iaorpomted herein by
reference. Any additional or diRencnt terms and conditions proposal by seller. objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immariarely ifym ..at make complete shipment to arrive on your
Promled delivery des a noted. Time is of fie essence. Delivery and performance most be effaced within the time
staled on the purchase role, and the dommnds attached hraem. 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 Purchase, shall have, in addition 10 other legal and equitable remedies, die option of placing this order elsewhere
and holding the Seller liable far danntges. However, the Seller shall not he liable for damages as a Prod, of delays
due an cruses nut reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such vetc of God, ruts of civil o, military outhmaren, gvormm nt d priorities, Gres, strikes, Brad, rpidefous, wars or
riots provided that notice of the conditions causing such delay is given Mo the Purchaer within five (5) days of fie
time when the Seller for received knowledge thereof. In the event of my such delay, the data of delivery shall be
extended for the period equal to the time actually last by reason athe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, i,ecifications, samples and/or other descriptions given, will be fit for the puaposrs immandcd, and
Performed with the highest degree of care and congruence in accordance with accepted standard for work of a
annular nature. The Seller agrees to hold the purchaser lawless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers branch ofwarranty. The Sella shall replan, repair or make
goad, without east to the purchaser, any defects or faults arising within one (1) year or within such longer pentad of
same as may be prescribed by law or by the terms army applicable waranty provided by the Seller after fie date of
ed hereunder posemptmce not to be mucasonobty delayed), moulting tram ,tapered
Hall furnished by the Seller. Accepting, or use of goods by the Purchaser shall tar
under this warranty Except as otherwise provided in this purchuse, order, the Sellers
to all damages proximately caused by the beach of my of the foregoing warranties
shall in no even, incWde loss of .If. or Ins of use. NO IMPLIED WARRANTY
4. CHANGES IN LEGAL TERMS.
The Purchaser may make lunges to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the qI... i ies arigiwlly ordered is the specifications or drawings, by verbal or written change order If any such
change affects the anunml due a the time of performance hereunder, an equitable adjustment shall be mime.
6. TERMINATIONS.
The Purchaser may at any time by written change order, inanimate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated proNs on the uncompleted
portion of the goad and/or work, for incidental or comryuemial damages, and that no such adjustment be made in
favor of the Seller with respect to any, good which sm the Sellers sumfol stock. No such termination shall relieve
the Purchase or than Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be asserted within thirty (30) days form the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hmmgdr shall have been produced, wild, delivered and famished in shirt
complianae with all applicable lax, and regulation to which the goods are subject The Seller shall executes and
deliver such documents ss may be acquired to effect or evidence compliance All laws and regulations required to be
incorporated in agreements of this character am herrby inauguralal herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hmmless from all costs and damages mRend by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall cosign, tmasfer, or convey this rake, or my monies due or to became due hereunder without the
poor wrinen consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unmtdeted title m the Purchaser for all affiliated, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, nervations, security interest
encumbrances and claims ofomes.
u. NON WAIVER.
Fuure of the Pumhssa to insist upon strict performance of the terms and condatioas hereof, failure or delay to
exercise any rights or Inmedies provided herein or bylaw, failure to promptly notify the Seller in the event of a
breach, the aaptame ofor payment for goods herunde in approval ofthe design, shall tat relesse the Seller of
any of the xzmnties or obliganams of this purchase ordcs and shall tat be deemnd is waiver of my right of de
puuclaran to insist upon start pert anw hereof or any of its rights or remedies as to any such goods, regardless;
of when shipped, received or accepted, as to my poor or subsequent default hereunder, nor shall my purponed
oral modification of rescission of this purh order by the Purchaser operate as a waiver of my of the tents
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser reeoll that in actual economic practice, overcharges resulting from morning
violations are in fact home by the Purchaser. Theretofore fogood cause and as core ideation for executing this
purchase order, the Seller hereby maigno to the Purchaser any and all claims it may now have or hereafter
acquired seder federal or sate antitrust bass for such overcharges relating to the particular good or services
,Prefaced or acquiral by he Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to came, nonconforming or defective good by a date m be agreed .,no by the
Purchaser and fie Seller, and the Seller thereafter indicates its mould, or unwillingness to comply, the Purchaser
may curse the work m be performed by Om most expeditious means available to it, end the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature
resulting form the performance fsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch puny.
The Series contractual obligations, including warranty, shall not be deemed to be right in any way, becatse
such work is performed If caused to be performed by the Furchamr.
14. PATENTS.
Whenever the Sella is required to see my design, devitt, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and rove harmless the Purchaser from any and all claims for infingement
by reason of the use of such papered design, device, mag ial or process in connection with fie contras, and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by ranmn of such
infringement at any time during the prosecution or after the completirn of the work. In case said equipment or
any pan therm( or the intended use of the good, is in such suit held a constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procurt for the
Purchaser the right to continue using said equipment or p ne, replace the same with substantially equal but
noniffina rag equipment, or modify it so it becomes noninMnging.
15. INSOLVENCY.
If the Sella shall became inmisma or bankrupt, make va assignment for the benefit of ciedimrs, vppoint e
Perceiver or Parser for any of the Sellers pnepery or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofternes ford or Bic interpretation Print agreement and the rights of all parties hereunder shall be
crostned under and governed by the laws of the State ofColomdo, USA.
The following Additional Condition apply only in case where the Seller is to ,carom work hertm ll
including the services of5ellers Representative(sl, on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall arty on said work at Seller own ask aftal the same is fully completed and acepted, and shall,
in case of my accident destruction or injury to the work author matedah before Sellers final completion and
acceptance, complete the work at Sellers own expeme and to the satisfaction of Me purchaser. When mmerials
and equipment art fuma fled by others fro, inat illmion or erection by the Sella, the Seller shall Incense, unload,
store and handle same at the sit, and become res,mibla thereto, as though such ormantals and/or equipment
were he, fmished by the Seller nodes the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in correction with the work covered by this purchase order,
and/or to their dependents in accordance with the Ines of the sum in which the work is in be done. The Seller
shall also cart, comprehensive general liability including, but not limited to, contractual and automobile public
liability inesuraince with bodily injury send death limits of at least S300,000 for any one person, $500,000 for any
noaccident and properly dion., limit per accident of 5400,000. The Seller shalllikewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his commemrs
employees shall do any work upon the premises of others, the Seller shall (moth the Purchaser with a cenifcme
that such compensation and insurance have been provided. Such certificates shall specify the date when such
nmpensation and insurance have been provided. Such certificates shall spai fy the date when such compensation
and insurance expires. The Seller agoras that such compensation and assurance suit be maintained until after the
entire work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller heeby assumes the antic mpomibilay and liability for any and all damage, loss If injury ofany kind
thmare wbatmever inss par or propcny cacard by or malting from the exewdov of the work provided for in
is purchase aMe, m in connection herewith. The Seller will indemaifj and field hamdess de Purchaser and any
or all of tbe Purchasers afacers. agents and employees form and against any and all claims, losses. damages,
cltarges or expersa, whether, direct m indirect good whether to persona or property to which due Purchaser may
be put act subject by reason of any a1, anon, neglect omission or default on the pan of for Sella, my of his
mntmcrors, or my of the Sellers or oxagrogroas officers, agents on employees. In cos my .it or other
proceedings shall be bought against the Purchase, or its officers, agents or employees at my time on aircraft act
by reason of my at, action, neglect, omission in default of the Sella of my of has contractors or my of its or
Men officers, agents or employees as aforesaid, the Sell- hereby agrees to assume the defense thereof and a
defend the same at the Sellars own expeme, to pay any and all rusts, charges, areneys fees arm other esp.,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its at their officers,
agents or employees in such suits or other proceedings, and in case judgmmt or other lam 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 wage the same to be dissolved and dischargal by givang bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and irsull all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety ancluning, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 02I2014