HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9142908 (2)PURCHASE ORDER PO Number Page
City of PURCHASE
9142908 , of 2
' `t/ O1 lI„C This number must appear
V ` 1 1�7 on all invoices, packing
sli s and labels.
Date: 10/13/2014
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: 10/10/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 C01 - Storm sewer from Edwards
to Garfield
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
1 LOT LS
97,831.00
$97,831.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Irchase Order Terms and Conditions Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from suite and [.it taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Candidate of Registry 84-6000587 is registered with the Collector of
Intemnl Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be rmmed w you for credit and are not to be replaced except upon receipt of women
intructions been to City ofFott Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on consul.
Final Acceptance. Receipt of the merest ise, services or equipment in Mandatory to this order ran result in
authorized payment on the pan of the City of Fan Collins. However, it is in be understand! that FINAL
ACCEPTANCE, is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be RO.B., City of Fan Collins, 700 Woad St, Fort Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to pr dray freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various Nets of the country, shipment is
expo did fans the neural distribution point to destination, and excess freight will he deducted from Invoice when
shipments are made four greater distance.
Permits. Seller shall procure at sellers sale cost all necessary permits, ceniloemes and lweesa required by all
applicable laws, regulations, ordirtmtces and rules of the some. municipality, warrory or political subdivision where
the work is performed, or minimsl by any other duly constituted public authority having jurisdiction over the work
of vtndor. Seller full,,, ngme, to hold the City of FOR Collins harmless from and against all liabil lty and loss
incurrod by them by reason of an asserted w established violation of my such laws, regulation, omirmncea, Miles
and requircmenrs.
Authorization. All fruits to this contract apace that the representatives we, in fact, bona fide and possess full and
,mplad sulhodty to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions sorted
farm set tomb and any supplementary in additional emu and conditions annexed herein or incorporated herein by
relarence. Any additional or different It— and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promised delivery date is noted I inure is of the p..dad. Delivery, and perftwvwwee most be affected within the time
slated on the purchase order and the documens attached hereto. No acts of the Pushnere including, withnut
Indication, acceptance of pvrul late deliveries, mall opeate as a waiver of this provision. In the ream of any delay,
the Forebear call am, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for dutuaga. Howeven me Seller shall not be liable for damages as a malt of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts Of Gd, acts of civil m military antroniha. govemmeatal families, fires, stakes, flood, epidemics, wars o,
riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days ardor
time what the Sella first received knowledge thereof In the event of any such delay, the daze of delivery shall be
extended fnnhe period equal to the time actually lost by main. oFlha delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this mdcr will conform with applicable
drawings, spcificatium, samples vnoor other descriptions given, will be fit for the purposes intended, and
peHormeJ with the highest degree of care and competence in accordance with accepted sundards for work of a
milar nature. The Seller agrees to hold the purchaser harmless fans any loss, damage or expense which the
Purehner may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
god, without cost to the Purchaser, any defers or faults arising within one (I) year or within such longer period of
rime as may be prescribed by law w by Bad arms army applicable warranty provided by the Seller after the date of
acceptance of the goods famished hercunde, bameptance not to be umeasentably delayed), resulting men imperfect
Or defcnive work done or nowa h fumishd by me Seller. Acceptance Or use of good by the Purchaser call rot
constitute a waiver of any claim under this warranty. Facept as otherwise provided in this purchase orde,'he Sellers
liability hem, do, shall extend to all damages paoximstely .used by the breach of'any of the fmptim, wmrenlia
or guarentees, but such liability mall in no went include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pumbecer may make changes w legal tams by w... Orange order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchased nay make any changes to the terns, the, Ih:m legal tvnns, including additions to or delaiow, from
my quantities originally ordered in the spec; locations or drawings, by verbal or wrinen change Omer. If any such
change afTmrs fee amount day Or the time of performance amuder, an equitable trepanation shall tv made.
6. TERMINATIONS.
The Purchnxr an, at any time by written change .,deq terminate this agreemmn as to any or all punions of the
good then not shipped, subjec, m any equitable adjustment Pattern the parties ex to any work or materials men in
Forgers provided mat the Purchaser shot[ not be liable for any claims for anticipated profits an the uncomplad
rortion of the good anNor work, for incidental or eo yutmial damages, and that no such adjustment be made in
too., of the Sale, with respect to any good which are the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller army oftheir obligations we to any goods de[ivored hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim far adjntmmn awl do nssend within thirty (30) days from elm data the change or temtlnaron o
ordered:
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, Sold, delivered and f dished in strict
compliance with all applicable laws and regulations to which the goods am subjoin. The Sella, shall exmute and
deliver such documents n may be,ryumd to effect or evidence compliance. All laws and regulation requird to W
ncorporated in agreements of this chometer vac hereby incorporated herein by this reference. The Seller ages m
indemnify and hold the Purchaser hmmless from all casts and damages suffered by the Purchaser At a wall of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Many shall assign, transf , or convey this order, or any monies due or be became due hereunder without the
prior written consent of the other pay.
10. TITLE.
The Seller warrants full, clear and concerned title to By Purchaser for all compmml, materials, and items fumishd
n performance of this agreement, free and clear of any and all lams, resections, reservations, security imenat
encumbrances and claims of others.
11. NON WAIVER,
Failure of the Practitioner to insist upon strict performance of the terms and conditions hereof, frilum or delay to
any rights or remedies provided herein or by law, failure to Maturity notify the Seller in the event of a
branch, the acceptance of or payment for goods hereunder or pawl oft design, shall not elene the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist .,a stria performance hereof or any arm it or readies as,. any such goods, regardless
of when shipped, reccivd ar accepted, a 10 any, pd., or subsequent &fault Remander, nor shall any Imported
Orel modification or rescission of this purchase order by the Pumbac opemte as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that i dowel economic practice, o cbarges resulting form antitmst
violations are in fact home by the Purchase,. aTheremfure, far goad cruse and as consideration far execming this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal m stare aarirtust laws for such overcharge relating to the particular goods or services
pusased or acquired by the Purchaser pursumno this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
[fire Pu¢basa donors the Seller to coned nonconforming or dcfmtive goods by a date to be agreed upon by the
Purchaser and the Sella, and the Sella Marmara, indicates its irmbillty or unwillingness to comply, the Purchaser
may cause the work 4, be perfumed by the awl expeditioos meads available to it, and the Sella shall pay all
Mists assotimd with such work.
The Seller shall release the Purchaser and its contractors of any tie fans all liability and claims of any nature
rev ulling from the patfmmonce ofmch wad.
This release shall apply even in the worm of fault of negligence of the many relend and shall extend to roe
direa ears, aMo. dad employes of such Party.
The Seller's eontmanel obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to d performed by the Purchaser.
14. PATENTS.
Whenever the Seller is acquired to use any design, device, material or process covered by letter, patent, trademark
r copyright, roe Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement
by reason of the um of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by action ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said MuipmenL or
any part thereof or the intended use of the good, is in such suit held to consulate infringement and the use of
wid equipment w pan es enjoined, the Seller shall, at its owns arose ad at irs opton, either pacuro for me
Powderer the right to continue using said equipment or pans, replace the same with substantially equal hot
noninfringing deportment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Sella shall become Insolvent or btakmpt make an assignment for the benefit of creditors, appoint a
or Vn,do for any of the Sellers property w business, this order may farthwilb be canceled by the
Purchaser without liability.
0. GOVERNING LAW.
The definitions of tams used or the imerpremtion of Ne agreement and the righrs.fall Wrties hereunder sell be
consnaed under and governed by the laws of the State of Colorado, USA.
The following Additional Condition apply only in cases where the Seller is w perform work hcremder.
including to stakes of Sellers Represcnmive(s), oa the prcmius of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cony on said work at Sellers own risk and the same is fully completed and accepted, mid shall,
in as, of any accident, destruction or injury to the weak moor materials before Sellds furl completion and
acceptance, complete the work at Sellers own expense and w the satisfaction of the Purchaser. When mamriak
and cluipment are famished by others for installation or erection by the Sella. the Seller shall rccaive, unload.
stare and handle some at the site and become responsible therefor n though such materials amour terminator
were being famished by the Sella under to order.
18. INSURANCE.
The Seller shall, at his own expense, provide for me payment of workers compensation, including Occupational
discrete benefits, to its employees employed an or in connection with the work covered by this purchase, order,
moor 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 bacriliry including, bar not limited to, contramml and anmmobile public
liability insurance with tidily injury and death limits of at least S300,000 for any one person, S500,000 for any
accident ad property damage limi, pe. r accident of SmOdi The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or has comramors
employees shall do any wad upon the premises of o0mrs, the Seller shall famish the Pvrtbaser with a cerrifcme
that such compensation and insurance have been provided. Such cenificates shall specify the data when such
ompemation and inurnce have been provided. Such certificates shall specify the doe when such compensation
and insurance expires. The Seller agrees that such compensation and imadifice shell be maintained until after the
entire work is completed and accepted.
19. PROTECFION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mpowibility our liability for any and all damage, loss or injury of any kind
or nature wherwoser to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Porchotia and any
r all of the Purchticrs officers, agents and employees From and against any and all claims, losses, damages,
charges we expenses, whether direct or indirect and whetar to persons ar Pmperry, an which the Purchaser may
be put or subject by roson of any act, action, rather, omission Or default on the part of the Sella, my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against he Purchase, or its office.. agents m employees at any time on warrant or
by reamn of my act action, neglect, omission or default of the Seller of my of his examinations or any of its or
their officm, agents or employees as aforesvid, me Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, aftomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their of iwas,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon in
obtained against the papery of the Purchaser, or said putties in or n a result ofsuch suits or other pracedings,
the Seller will at once cane the same an be dissolvd and discharged by giving hand or otherwise. The Seller and
his contractors shall take all salary precautions, famish and install all purred area, yr for the prevention of
accidents, comply with all laws and regulations with regard to safety, including, but without limitation, the
Occupational Safety and Ifalth Act of 1970 and all rules cod regulations issued pursuant torero.
Revised 07R014