Loading...
HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9165016City of Fort Collins PURCHASE ORDER Date: 08/02/2016 Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS CO 80528 PO Number Page 9165016 1o12 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 08/02/2016 Buyer: ELLIOT DALE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Lincoln Corridor, Phase I 1 LOT LS 3,144,455.91 Bid #8214 work order #2 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 144 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terns and Conditions Page 2 of 2 I CO\LYIERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt from state and local asses Our Exemption Number is I I NONW'AI'ER 98-04502 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stnct performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, other when shipped or due to defects of any of the wartandes or obligations of this purchase order and shall not be deemed a waiver of any right of the damage . transit, may be removed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon met performance hermfor any of its tights or remedies as many such goods, regardless imtrucmons from the Cm of Fort Collins of when shipped received or accepted, as to tiny prior or subsequent default hereunder, nor shall any purported .,at modification or rescission of this purchase order by the Purchaser operate w a waver of any of the terms Inspection GOODS are subject to the City of Fon Collins inspection on arrival hereof Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12 ASSIGNMENT OF ANTITRUST CLAMS authorized payment on the pan of the City of Fan Collins However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual eeonomac practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fact home by the Purchaser Theretofore, for good cause and in consideration for executing this purchase order, the Seller hereby aligns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F O.B , City of Fan Calif.. 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state anttrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order bill most accompany invoke Additional charges for packing will not be accepted. Shipment Distance Where manufaamers have distributing points in vanow parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice uiv n shipments are made from greater distance. Permits Seller shall procure at sellers sole cost all necessary permits, cemricetn and licasses required by all applicable laws, regulations, ordinances and min of the state, municipality, territory or political subdivision where die work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agree to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such lawsregulations, ordinances. rules and requirements Audimhzation All panes to this contract agree that the representatives are. in too. bona ride 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 set forth and my supplementary or additional Toms and conditions annexed hereto or incorporated here. by reference Any additional or different terms and conditions proposed by seller we objected to and hereby rejected 2 DELIVERY PLEASE ADVISE PURCHASING AGENT immediately d you cannot make complete shipment io arrive on your promised delivery date w noted Time is of the essence Delivery and performmce must be effected within die time staled on the purchase order and die documents switched hereto No acts of the Purchaser including, wnhom limitation, acceptance ofpanad late deliveries. shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, to addition to other legal and equitable remedn, the option of placing 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 nogligmce, such acts of God, acts of evil or military author tiet, govemmemal priorities, firm, strike, food, epidemics, wars or nose provided that nonce of the conditions causing such delay is 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 wmrmts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andior 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 for work of a similar nature The Seller agrees to hold the purchaser harmless from my loss, damage or expense which den Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good without wit to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a wmver of my claim under this warranty Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all donages proximately caused by the breach of my of the foregoing warranties or gmrmtem, 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 4 CHANGES IN LEGAL. TERMS The Purchaser may make changes to legal terms by written charge order 5 CHANGES IN COMMERCIAL TERMS The Purchaser may make my changes to the terms, over than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wnnm change order if any such change affects the amount due or the time of performance hereunder, an equitable adjustinent shall be made 6 TERMINATIONS The Purchaser may at my time by written change order, terminate this agreement as to my or all portions of the goods then not shipped. subject to my equitable adjustment between die parties as to my work or materials the. in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted proton of the goods and or work. for incidental or consequential damages, and that no such adjustment be made . favor of the Seller with respect to my goods which tie the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of ary of that obligations as to my goods delivered hereunder 7. CLAIMS FOR ADJUSTMENT Arty claim for adjustment must be msened within thirty (30) days from the date the change or termination is ordered 8 COMPLIANCE WITH LAW The Seller warrants that all goods said hereunder shall have been produced, sold delivered and furnished a sma compliance with all applicable laws and regulations to which the goods are subject The Seller shall Oeecum and deliver such documents w may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to mdem iN and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a inch of the Sellers failure to comply with such law 9 ASSIGNMENT Neither party shall assign, transfer. or convey this order, or my movesdue or to become due hereunder without the prior wmtim consent of the other parry 10 TITLE The Seller wfamm. full, clear and mramcted tide to the Purchaser for all equipment, materials. and items famished in performance of this agreement free and clear of any and all Isms, ramcnons, reservations, security interest encumbrances and claims of others 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS If the Purchaser directs the Seller to correct nonconforming or defective goods by a dose to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or=willingnes 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 release the Purchaser and its contractors of any her from all liability and claims of any name resulting from the performance of such work This release shall apply even in the event of fault of negligence of the parry felessed and shall extend to die directors, officers and employees ofsuch party The Sellers Comm teal obligations, including warranty, shall not be deemed to he reduced, in my way, because such work is performed or caused to he performed by the Purchaser 14 PATENTS. Whenever the Seller is required to use my design, device, mmenal or proms covered by later, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall m lannify the Purchaser for my cast expense or damage which it may be obliged to pay by reason of such infringement a my time during the prosecution or after the completion of the work In case said equipment, or any pent thereof or the intended use of the goods, is in such suit held to 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 for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but n nn.frmghng equipment, or modify it so it becomes nomnfnnging 15 INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of emdmars, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability 16 GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all pans hereunder shall be construed under and governed by the laws of the State of Colorado, USA The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprrsentotive(s), on the premises of others 17 SELLERS RESPONSIBILITY The Seller shall carry an said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work andor materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser When materials and equipment me furnished by others for Installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor w though such materials and'or equipment were being furnished by the Seller under the order I8. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on of in connection with the work covered by this purchase order, and'or to their dependants in accordance with the laws of the suite in which the work is to be done. The Seller shall also carry compmhmsive general Lability including, but not limited m, contractual and automobile public liability insurance with bodily injury and death hours of at least $300.000 for my one person. $500.000 for my one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, of my. to provide for such compensation and insurance Before my of the Sellen or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a Minficate that such compensation and msurance have been provided. Such certificates shall specify, the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assumes the entire responsibilm and liability for my and all damage, low or injury army kind or nature whatsoever to persons or property caused by or residual; from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, Iowa, damagm, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of my an, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or conuazrors officers, agents or employees In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on wcount or by reason of any act, whom, neglect, omission or default of the Seller of my of his contractors or my of na or their officers, agents or employees as aforesaid, the Seiler hereby agrees in assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses. my' and all jvdgmhents that may be incurred by or obtained against the Purchaser or my of its or their officers. agents or employees in such scats or other proceedings, and in case judgment or other tan be placed upon or obtained against the property or the Purchaser, or sad panes . or as a result of such suits or other proceedings. the Seller will at once cause the saa a to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulators with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all min and regulations Issued pursuant thereto Revised 03/2010