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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9145390PO PURCHASE ORDER 914539er Page City of PURCHASE 9145390 1012 ' `tChisnumber must appear Collins�7 on all invoices, packing sli s and labels. Date: 09/17/2014 Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS CO 80528 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/17/2014 Buyer: PAT JOHNSON N ote: Line Description Quantity UOM Unit Price Extended Ordered Price i WO # SCP-FCSREP-090214 CONTRACTOR WORK IN FOSSIL 1 LOT LS 435,093.50 CREEK TO REHABILITATE AND ENHANCE THE STREAM INCLUDING CONSTRUCTION OF WATER QUALITY FEATURES, POOLS/RIFFLES, CHANNEL REALIGNMENT, TOE ROCK STABILIZATION, AND BANK PROTECTION 7089 Water, WW & Stormwater Utilities Infrastructure Design & Construction 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 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 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By smture the City of Fon Collin h exempt from ands, and trend saxes. Our Exemption Number is 11. NONWAIVER. 98-04501. Federal Farm Tax Exermmio Cartier. of Registry M 6000587 is registered with the Callecar of Failure of the Puohaser to insist upon strict performance of the most and condition hereof, failure or delay 10 Inemal Revenue, Denver, Colorado (Ref. Colorado Revised Seoul. 1973, Chapter 39-26, 114 (of exercise any righrs or remedies provided herein or by law, failure to promptly ratify the Seller in the a mot of a breach, the araTch re ofo, payment for goods hereunder or cep arm I it, design, shall trot release the Seller of Good Rejected. GOODS REJECTED due or failure to one s,cifwtions, either when shipped or due to defecn of any of the womnties or obligations of this purchase oNer road shall not be deemed a waiver of any right of the damage to ,nit may be returned to you for actin and are not m be replaced except upon receipt of writren Purchaser 1. insist upon strict pcarfiermance Famine any of its rights or remedies as to any such goods, regamle instructions from the City of Fon Collins. of when shipped, received or acceped, as to any prior or subsequent defaut hereunder. rwr shall any purported cal modification or rescission of this purchase oNer, by the Purchaer open, as a waiver of any of the arms Inspection. GOODS are subject to the City of Tom Collins inspection on not hereof. Find Atapnnce. Receipt of the merchandise, se n or equipment in reepoe to this order can S , esult in 12. ASSIGNMENT OF ANTITRUST CLAIM authorized payment no the pan of the City of Fort Collins, However, it is 1. be and emfood lostFINAL Seller and the Purchaser reasons, that in actual economic omlc practice, overcharges mulling firm. outlined ACCEPIANCE is dependent upon rampled-arid applicable required inspemio mammas. violations are in fan home by the Purchaser. Therea1mv,far good cause and as consideration for ramming this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.B., City of Far Collins. 700 Wash,[ Se. Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will nor be accepted. Shipment Dismnea Where manufacturers have distributing points in carious pans of the country, shipment is eapared fmm the nearest distribution poi, to dermation and areas freight will ha deducted from Invoice whim shipments are made fmm greater became. Prams. Seller shall posture in sellers sole and all eta., pemrits, certificates and licemw requital by all applicable laws, regulations, ordinances and roles of be stem, municipality, mrsitory or political subdivision where the work is performed, or required by any other duly cautioned public authority havingjunsdinien over the work of vendor. Seller fuller agrees to held the City of F. Collins hamlets from and again,, all liability and loss incurred by them by remain of an asserted or established violation of any such laws, regulation,, ordinances, roles and requirements. Authoriation. All panic to this contract agree that the representatives are, in fact, bona fide and possess full and Ontplem authority 1u bind said parties. LIMI I AT ION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled herein set term and any supplementary of additional ants and conditions annexed hereto or incorporated heroin by reference. Any additional Or different t mes and conditions proposed by taller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as need. Time is of the es mem. Delivery and performance must be effected within the time stated on the purcham order and the documents atuched hereto. No sets of the Purcfaurs including, without liminfon, acceptance ofpatial late deliveries, shall oparm or a waiver oftbis provision. In the event of any delay. the Purchaser shall have, in addition to other legal all equitable remedies, the option of placwg this Order elsewhere and holding the Sella liable for damages. Howmer, the Seller shall not be liable for damages ss a result of delays due to comes not reasonably foreseeable which are beyond its masotoble mmosl and without its fault of neglignme, such acts of Cod, acts i fcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or dots provided that notice of the conaboures causing such delay is given to the Purchaser within five (5) days of the time when the Sella for received knowledge thereof In the event adoring such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wumnn that sell goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ends, other description given, will be fit fur the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaset, 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 terms of any applicable warranty provided by the Seller after the date of acceptance of the good fished hereunder (acceptance not to b, unreasonably delayed), mulling from imperfect or defective work done or materials famished by the Seller. Accepence or use of goads by the Purchaser shall not omtimm a waiver of my claim under this warranty. Except res otherwise Invoiced in this purchase omer, be Sellers liability hereunder shall extend m all damages prmimrtely caused by the breach ofany of the foregoing warranties or gravamens, bur such Ind iliry shall in im wear include loss ofprofin or lass of sett. 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 woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tames. Other than legal arms, including addition, no o, deletion, fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order . If any such change aPecs the amount due or the time Ofperfomance hereunder, an qulnble adjudmm, but be more 6. TERMINATIONS. The Purchaser may at any time by wnnen change oNer, temitmm this agreement as to any of all mrions of the goods then not shipped, subject to any equitable adjustment between the James as to my work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers mndard stock. No such temimtion shall olive the Purchaser Or the Seller ofany of their obligations it, to my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rand be, asserted within thiny (30) days was the date the change at termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have Iran produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations 10 which the good are subject. The Seller shall execum and deliver such documents in may b<rquired to effect or evidence compliance. All laws and regulations required he h incorporated in agreements of this character an, hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaer as a result of the Sellers fables In comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, Or convey this omer, or any monies due or to hecome due hereunder without the prior written convent of the other parry. 10. TITLE, The Seller warrants full, clear and comminuted title as the Purthner for all equipment, materials, and items f ishcd in preffinummuss, or this rdmarr,ot free and clear of mY and all It., mtriaions, ,manors, security interest commitment all claims ofothers. acquired under federal or sett antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursunnt 10 this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Selle, and the Sella thereafter indicates is ievdoutc or unwillVagrmss to comply, the Purchaser may cause the work to be perfumed by the mast ecpednious means available to it, and the Seller shall pay all costs nssocmed who such work. The Seller shall release the Purchaser and its commences of any tier from all liability and claims of my assume resulting from the rams of such work. This release shall apply can in the went of fault of negligence of the parry released and shall extend to ,he dimmest, officers and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed a be reduced, in any way, because such work is perfamed 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 or copyright, the Seller shall indemnify and save homeless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the emvacL and shall indemnify, the Purchaser far any not, expense or damage which it may be obliged to pay by reason ranch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pm thereof or the intended use of the goods, is in such .it held 1. anslitute InGngemem and the use of said equipment or part h enquired, the Seller shall, at its own expense and in its option, either procure for the Purchaser the high, to combine using said quipmot or parts, replace the same with substantially qml but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrttpt, make an assignment for the benefit of combings, appoint a rocciser or tmsme f any of the Sellers property or business, this oNer may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmms used or the interpretation of the agreemen, and the rights of all ponies hereunder shall be craned 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 Represenetive(s), oa the premises efothet,. 19. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own risk it the same is fully completed and accepted, and shall, in rase of my acaden , destruction or injury to the work tanker materials before Sellars fiml completion and acceptance, complete the work at Scllefs awn expense and to the saisfactim of the Purchaser. When mrtcrials and equipment are fmimed by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle one at the site and become responsible therefor as Haugh such numrials maker compared were being bloodshed by tad Seller order the oNer. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employes employed on or in connection with the work covered by this purchase order, andior to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500.000 for any one pro accident and perty, damage limit Per occident of S400,000. The Seller shall likewise require his contradicts, If any, to provide for such compensation and Insurance Before any of the Sellers or his contractors employees shall de any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such ca licites shall specify be data when such compensation and imaname expim. The Seller vgrees 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 as ones the mtim rwponibility and liabiliry for any and all damage Ions, injury of any kind or rvmure w1crom er to persons or property caused by or resulting from the execution of the work provided for in this purchase Omer or in connection herewith. The Seller will indemnify, and hold Im,mlas the Purchaser and my or cal of the Purchasers officers, agents and employees fosm and against any and all claims, losses, damages, charges or expenses, wherhe, desire, or indirect, and whether to person or property to which the Purchaser may he put or subject by drawn of my act, action, neglect, omission at default on the Not of the Seller, my of his contmcmrs, or my of the Sellers or anomalous officers, agents or employees. In case my mit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time M overran or by remain of any azt anion, neglect, omission or default of the Seller of any of his comment, or any Of its or their Officers, agents or employees as aforessid, the Seller hereby agrees to asmme the defense thereof and to defend the same at the Sellers own expense to pay any and all costs, charges, amomeys f e and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or Obmined against the pmperry of the Purchaser, or said parties in Or as a result of such suits or other proceedings, the Seller will of once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall sake cal safety precautions, famish and inell all guard necessary for the prevention of accidents, comply with all laws and ministries with regard to safety including, but without initiation, the Occupational Safety and Health Act of 1970 and all roles and mutilation issued pursuant there,. Revised 07n014