HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9140950 (3)9
City/ of
tChis
Collins1
PURCHASE ORDER / PO Number Page
PURCHASE9140950 1 of 2
number must appear
1
`
on all invoices, packing
sli s and labels.
Date: 05/02/2014
Vendor: 109445
Ship To:
WATER UTILITIES
CONNELL RESOURCES INC
CITY OF FORT COLLINS
7785 HIGHLAND MEADOWS PKWY #100
700 WOOD ST
FORT COLLINS CO 80528
FORT COLLINS CO 80521
Delivery Date: 05/02/2014
Buyer:
PAT JOHNSON
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
3 CONSTRUCTION SERVICES
1 LOT
EA
412,262.00
Rigden Reservoir -Natural Areas
a CONSTRUCTION SERVICES
1 LOT
EA
234,737.00
Rigden Reservoir -Natural Areas -
5 CONSTRUCTION SERVICES
1 LOT
EA
305,509.00
Rigden Reservoir -Natural Areas
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@fogov.com
Total
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
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state am local taxes. Our Exemption Number is
11. NONW,
98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of
Failure of d chaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Caloado Revised Stories 1973, Chapter 39-26, 114 (a),
a is an, rmedics provided herein or by law, failure 10 promptly notify the Seller in the event of a
breach, ther anceof or payment for goods hereunder or approval of the deign, shall not relcne the Seller of
Goods Rgectel, GOODS BILLETED due to failure m meet spinfinatow, either when shipped or due m defects of
any of the I a es or obligations of this purchase order and shall not be deemed a waiver of any night of the
damage in transit, may be roomed m you for credit and are not 1. be replaced except upon receipt of wrimen
purchaser 11, 1 upon strict performance hereafter any of its rights or mammies as to any such goods, regardless
instructions from the City of Fan Call,.,
of when shi,. _ received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
col madifi, aim or rescission of this purch om order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS me mbjal m the City affirm Collins inipelim tea arrival.
hereof.
Final Acceptance. Receipt of the membruchn, wivarep or equipment in response to this order can result in
12. ASSIGNMI!NTOF ANTI]RUSTCLAIMS.
authorized payment an the pan of the City of Fort Collins. However, it is to be underslond that FINAL
economicpractice, overcharges resulting from antist
Seller and the Purchaser recognize that in actual e antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
vmatim, ore. in fact home by the Purcha¢f. Theretofore ire l cause and as considermim for executing this
purchase order, the Seller hereby assigns t0 the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments mast be F O.B., City of Fan Collins, 900 Wood St, Fan Collins, CO 80522, unless
acquired under federal or state antio at laws for such overcharges relining to the particular goods or services
otherwise sp,eifed on this Omer. If pemissiaa is given 10 prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. \1Tere maameturers have distributing points in various pans of the country, shipment is
expided from the nearest distribution point to destination, and arts freight will be deducted from Invoice when
shipments are made from greater distance.
Permits . Seller shall proton at sellers sole cast all necessary permits, evert ftemes and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
me work is performed, or counted by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and lass
incurred by them by reason of as asserted or established violation of my such laws, regulations, ordinances, min
and requirements.
Arma italmor. All parties to this contract agree that the representatives me, in fact, bona file and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated
herein set forth and any supplementary or additional arms and conditions annexed herein or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you mono, make complete shipment m arrive On your
promised delivery rite as noted_ Time is of me evince Delivery and per6manee no be eppmled within the time
stated on the purchase order and the dacuments attached herein. No aces of the Purchasers including, without
limilatiop acceptance of partial late deliveries, shall operate as a waiver of this pro n. la the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplarm, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages ai a result of delays
due to causes not reasonably foreseeable which are beyond its reaitmablc control and without its fault of negligence,
such acts of God, aces of civil or military vuthnmies, governmental pric tities, fees, strikes, Rood, epidemics, wars of
rims provided Oat notice of my conditions causing such delay is given to the Purchaser wild. five (5) days of the
time when the Seller fast received knowledge thereof. In the event of any such delay, the dare of delivery shall be
extended for the pur d equal m the time actually lost by promo of the delay.
3. WARRANTY.
The Seller warrants that all goods, micles, materials and work covered by this order will conform with applicable
drawings, sperification, samples ardior other description given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance wire incepted standard for work of a
similar nature. The Seller agrees to hold the purchaser Formless from my loss, damage or expanse which the
Purchaser nay supper or prior on account of the Sellers breach ofwananty. The Seller shall "Inc, repair or make
good, without cassia the purchase, any defects or faults arising within one (1) year or within such longer period of
time m may be prescribed by law tea by me teas of my applicable waanry provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to IS, 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
onstimte a waiver of any claim coder this warranty. Except a, otherwise provided in this purchase order, the Sellcas
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wmuntie
or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF ITINESS FOR PURPOSE SHALL APPLY.
C CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal meta by winner change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any change to the warn. other than legal toms, including additions to or delelions from
me quantities originally ordered in me spesifirmons or drowmR. by verbal or women change order. If any such
change appects the amoum due or the time of perfomance hereunder, an equitable adjustment shall nt made.
6. TERMINATIONS.
The Purchaser may at any time by within change order, terminate this agreement as to any or all potions of me
goods then not shipped subject to my Muimble adjustment between the panto as to my work or materials then in
progress provided that me Purchaser shall nor be liable for any claims For anticipated profits on the uncompleted
portion of the goods stupor work, for incidental or corasequenfial damage, ad not no such adjuament In made in
farm of me Sella wire respect to any goods whim art the Sellers standard stock. No such remimtion shall reties.
the Fochuer or me Seller Many ofthe'v obligation as an any goods delivered heremder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment rent b, armed within thirty (30) days from mire &I, me change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller incomes thal all good sold hereunder shall have been produced, sold, delivered and famished in trader
compliance wild all applicable laws and regulmimts ut which me goods are subject The Seller shall execute am
deliver such documents in may be tai mired to elect or evidence compliance. All laws and regulation mryimd In he
incorporator in agreeme ors of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purcheer, harmless fmm all cots and damages suffered by the Puchaser n a result of the
Sellers failure to comply wire such lass'.
9. ASSIGNMENT.
Neither parry shall assign, Imnfer, or convvy this order, or my monies due or to become due heremder without the
prior wainen consent ofine other party.
10. TITLE.
The Seller wormna full, than and unreitricld title to the Purchaser for all equipment, mmevals, and items fiwished
in perfiramossue of this agreement fee and clear of my and all lien, restrictions nsernmon. security borrow,
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Prmlmmaer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Pur mmrmd the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may is. the work to be performed by the most expeditious means available an it end the Seller shall pay all
costs aworimed with such work.
The Seller doll release the Purchaser and its commissions of my tier town all liability end claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the patty released and shall extend to the
directors, ollieva, and employees of such party.
The Sellers rontmcmnl 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.
whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringemetn
by reason of the use of such patented deign, device, material or process in connection with the convect, and
shall indemnify the Purchaser for any cos% expense or damage which it may be obliged to pay by reason of such
infringement m my time during the prosecution or after the completion of the work. In can said equipment, or
on, an thereof or me intended an of the g0.1di, is In such soil held to curraimte infringement and the am of
said equipment or pan is enjoind, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfn'nging.
15. INSOLVENCY.
If Its, Seller shall became insolvent or baNtmpt make an assignment for the benefit of indicts, appoint a
receiver or motor for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitimms of terns used or the interpretation c ft6e agreement and the rights ofall ponies hereunder shall be
conslmed 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 program work hereunder,
including the services of Sellers RepfesenmtivHs), tea the premise of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Shccrs own ask until the same is Polly completed and weseptd, and shall,
in rase of any accident, destructim or injury to its, work andpor materials before Sellds final completion Will
acceptance, complete me work at Sellers own expense and to the satisfaction of the Purchases. When materials
and aluipmeal art fumishod by others for instillation or emotion by the Seller, fire Seller shall receive, unload,
store and handle mine at the site and became responsible therefor as though such nmm uds andfor e,opmmf
were being famished by the Seller under the order.
19. INSURANCE.
The Seller shall, at has awn expense, provide for the payment of workers compensation, including acupisioml
disease benefits, to its employees employed on at in connection with the work covclm by this purchase order,
mdpm 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, conduction and automobile public
liability insuance with teddy injury and dramh limits arm least 5300,00) for any one person, S500,000 for any
one accident and property damage limit Per accident of S400,000. The Seller shall likewise «quire his
conartactors. if any, to provide for such compensation and imumnce. Before any of the Sellers or his enntracroa
employees shall do my work upon the premises of others, the Seller sha0 British the Purchaser with is cenificam
that such compensation and aromatic have been provided. Such certificates shall specify the date when such
ompeniation and insurance have been pmvidm. Such renificates shall specify the date when such confirmation
and insurance expire. The Seller agrees that such compensation and instance shall be maintained until after the
entire work is completed and perspired.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume me entire responsibility and liability fro any prd all damage, loss or injury ofany kind
r mote whatsoever 10 persons or properly copied by or resulting from the execution of the work provided for in
this purchase order in in connection herewith. The Seller will indemnify and hold haales me Purchaser and any
or all of me Ptahasers oRrsrs, .,miss and employees fmm aM again, any and all claims, loses, damages,
charges or expenses, whether direct or interest, and whether to person or property to which the Purchaser may
be put or subject by rexwn of my act, action, neglect, omission or default on far pan of the Seller, any of his
contacuvs, or any of the Sellers or contactors offirm, agents or employees In can my suit or other
preceding: shall be brought against the Pumbaver, or its officers, agents or employees at my time on account or
by mason of any pet action, nrglmt omission Or default of the Seller of my of has contractors or any of its or
their cuff...., agents err employees n aforesaid, the Seller hereby ogees to aSmme the defense thereof and m
defend do• . pre at the Sellers own expense, m pay my and all costa, charges, attorneys fees ant other expenses,
any and all judgments mar may be incurred by or obain d again. the Purchaser or any of its or their cuffic us,
agents or employees m such suits or other pmccedings, and in uses judgm.nl or other lips be placid upon or
obtained apa ri l me property ofine Purchase, or said Amin in or as a result of aucb suits or other proceedings,
din Seller will at once muse the Same m In dissolved and discharged by giving bond or otherwise. The Seller and
his contmcom shall take all safely precamon, famish and inmll all Stands veceeary for fie prevention of
accidents, comply wire all laws and regulation wish regain to refry including, but without limitation, the
Occupational Safety and Hralth Act of 1970 and ell roles and regulation issued pursmnl domm.
Revised 03R010