HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9145985PO
PURCHASE ORDER 914598er Page
City of PURCHASE
9145985 1 of z
`t Collins
I„s This number must appear
V ` 1 1 on all invoices, packing
sli s and labels.
Date: 10/15/2014
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: 10/14/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 WEST VINE OUTFALL PROJ
LANDSCAPING
1 LOT LS
7089 W, 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
149,000.00
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 statum the City of Fort Collins is exempt from state and load not Our Exemption Number is
98-01502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collector of
Internal Revenue, Down, Colorado Der. Colombo Revised Stamto 1973, Chapter 39-26, 114 (a).
Goods Rejected GOODS REJECTED due to failure to race specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and arc not as he replaced except upon receipt of written
immctiom from the City of Fan Collins.
Inspection. GOODS are subject to the City airport Collin inspection on aaival.
Final Acceptance. Receipt of the merchandise, sir or equipment in response to this order can result in
authorized payment as the pan of the City of Fort Collins. [Iacocca it is to ha understood that FINAL
ACCEPTANCE us dependent upon completion ofall applicable required inspection peocedu s.
Freight Term. Shipments muss be RO.B., City of Fort Collins, Y00 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. ]fpemission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be acceptd.
Shipment Distance Where manufacturers have disoibuting points in vas us pans of the country, shipment is
expected from the tamest distribution point to destination, and excess freight will be deducted from Invoice when
shipments zee made from grades dktance.
Pamits. Seller shall proo me at sellers sole cost all necessary permits, certificates and Homes required by all
applicable lux,, w,Im.ons, ordinances and rules afthe state, municipality, laritory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees In hold the City of Fort Collins hamins born and agamon all liability and lass
incurred by them by reason arm assured in amblisbN violation army such laws, regulations, ofdinanca, roles
and rryuircmenrs.
AuthmiOurn. All paries to Ibis contract agree that the representatives are, in fact, bona Ode and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. 'Ibis Purchase Order ex,ressly limits accept.cc to the teem and condtioos smmd
herein sec forth and any supplementary or additional card and mMitions annesd hereto or incorporated herein by
reference. Any additional or different morn and conditions proposed by seller arc objected to and hereby jectd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGEN Iimmediately it yen cannel make complete shipment to arrive on your
promised delivery dire as noted. Time is of the essence. Delivery and performance most be enacted within the time
sated on the pamhase order and the douments attached hereto. No acts of the Punhasers including, without
limitation, acceptance of Partial late deliveno, shall opemm as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable mnedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. Ihowever, the Soler shall not be liable fur damages ss a result of delays
due,, causes not teawnably foreseeable which are beyond its reasonable control and without its firth of negligence,
such acts office], has ofcivil or military authorities, govemmaml priorities, fees, strikes, Boned, epidemics, wan or
nots provided that notice of the conditions causing such delay is given to the Pucoaer within five (5) days of the
time when the Sella But received knowledge there[ In the event of any, such delay, the date of delivery shall be
extended for the period equal to the time actually lost by mason ofthe delay.
3. WARRANTY.
The Seller wmants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, spunificmlons, samples and/or other descriptions given, will be fit for the purposes intended, and
perf d with the highest degree of are and competence in accordance with accepted standards far ..,it of is
similar nature. The Sella agrees to hold the purchaser hartnlas from any loss, damage or expense, which the
Purchase, may saga ar incur on account of the Sellers breach of.ty. The Seller shall replace, noncontract
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time res maybe prescribed by law or by the terms of any applicable whourtY provided by the Seller after the date of
acce,d nce of the goods famished hereunder (mceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famuhd by the Seller. Acceptance or me of good by the Pumbaser shall not
airtime a waiver of any claim under this wamanry_ Excepl m otherwise providd in this purchase ordea the Selleq
liability hereunder shall extend to all damages pmximamly caused by the breach of any of the foregoing wavaa tie
or guarantees, but such liability shall in no event include loss ofprofils or loss of rue. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal to. by wnnen change order.
5. CHANGES IN COMMERCIAL TERMS.
no Pumbaser may make any changes in the terms, other than legal terms, including additions to or deletions Imo
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such
change affects the amnml dnc or the time of performance hereunder, an equitable adjustment shah be made.
6. TERMINATIONS.
The Purchaser may at my time by women change order, terminate this agreement as to any or all pardons of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work o, materials then in
progress provided that tit, pachu e, shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods motor work, fa incidental or wrevequemial damages, and that no such adjustment be made in
favor of the Sella with respect to my goods which are the Sellers standard stock. No such laminations shall relime
the Purchaser or the Sella ofmy ofthem obligations as to any grad delive al hemuMa.
Z CLAIMS FOR ADJUSTMENT.
Any elaim for adjustment ..at be asserted ,ohi thirty (30) days from the date the change or trnatioier is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnts Oat all goods cold hcemnder shall have been produced, sold, delivered and fumishd in strict
compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance, All laws and regulations required to ha
inempombed in agreements of this character arc hereby incorporated herein by this reference. The Seller again to
indemnify and hold the Purchaser bamless from all costs and damages suffered by the Purchases he a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall sssigo, mttsfer, or convey this orderor any monies due or to became due hereunder without the
,nor written corset artist other party.
10. TITLE.
The Seller warrants full, clear and maralricrd title to the Pumhasm for all equipment marenals, and item fnnishd
in perfomance of this agreement fire and clam of any and all liens, fauiaiess, no.tiots, sanonry imeren
encumbrances and claims ofothers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict Pa.. of the tams aM conditions fieeeof, failure at delay to
conceive any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hacwder or approval ofthe design, shall not release the Sella of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
purchaser to insist upon atria performance hereafor any arm; rights ar remedies as to any such goods, regardless
of when shipped, received of accepted, as to any Mar or subsequent default hereunder, nor shall any pmponed
road modification or rescission of this purchase order by the Purchaser operate so a waiver of any of the corms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust
violations are in fair borne by the Purchase, Themtnl'ore, for good cause and as consideration for executing this
purchase order, the Sella Nearby assigns to the Purchases my and all claims it may now lave or hereafter
oquied under federal or sate mritmt laws for such overcharge relining to the par iculy goods or savica
purchased or acquired by the Purchaser pursuant to this purchase mides.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the
Purchasa and the Selleq and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be perforated by the most expeditious means available to it, and the Seiler shall pay all
costs assacimal with such work.
The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party relaxed and shall extend to the
directors, officers and employees of such party.
The Seller's contractual obligations, including waranty, shall not be deemed to be r ducts, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is requird m use any desigq device, material or ,.as covered by lamer, patent hademark
or copyright, the Seller shall indemnify and eve harmless the Purchaser four any 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or oiler the completion of the work. In case said equipment, or
my Itm thereof or the intended use of the goods, is in such suit held to anatitwe INrVvgement and the use of
said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Pumhaser the right to continue using said equipment or parts, replace the an with substantially eqwl but
noninfringing equipment, or mdify it so it bccomo noninMnging.
15. INSOLVENCY.
If the Seller shall bacon, insolvent or bm:kmpL make an assignment for the benefit of coalition, appoint a
recover or trustee for any of Ore Sellers pa,eny of business, this order may forthwith be conchal by the
Purchaser without liability.
16. GOVERNING LAW.
The definitiore of terms used or the interpretation of the agreement and the rights of all pries hereundor shall he
command under and governed by the laws ofthe Sam ofColumdo, USA.
The following Additional Cnditiom apply only in eases where the Sella is to perform work hmunder,
including the services of Sellers ReMoodustivaid, an the premises ofothers.
❑. SELLERS RESPONSIBILITY.
The Seiler shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work mdlor matemads before Sellds final completion and
acepane, complete the work at Solels own expense and to the satisfaction of the Purchases. When materials
and equipment are f ichd by others for installation or Mellon by the Sella, the Sella shall receive, unload
store and handle same at the site and become comma bb therefor as though such malmals andlor equipment
were being famished by the Seller trade, he order.
18. INSURANCE.
The Sella shall, at his own expense, provide battle payment archaism compcmation, including occupatloned
disease beatifies, on its employees employed on or in commaim which the work covered by this purchase order,
collar to their dependents in eccordonce with the laws of the stale in which the work n to be done. The Sella
shall also cam comprehensive general liability including, but nor limited to, contmcmal and automobile public
liability insurance with bodily injury and death limits of at Ionic $300,000 for any one mon. $500,000 for any
one accident and pmltmy damage limit per accident of $400,000. The Seller shall likewise require his
radars, if any, Ir provide for such corn, axetim aM imurence. Before may of toe Sella or his common.
employes shall do any work upon the premise of others, the Sella shall IwnisM1 the Purchases with a ceaiftcam
Nat such compensation and insurance have been provided. Such caftfimte, shall specify the date when such
rap nsation and insurance have ban provided. Such cadficata shall specify the dire when such compensation
an
d insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and wooand,
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller booby assumes the entire respoaibilay aM liability fir any and all damage, loss or injury ofmy kind
or nature whatsoever to persons or papery 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 Purchase and any
r all of the Purchasers; officers, agents and employees from and against any and all claim, losses, damages,
charges or expenses. whether direct or incliner, aM whether In person, or pmpary to which the Purchaser may
be put or subject by town of my on, action, menial, omission or default oa the par of the Seller, my of his
cunmaors, or my of the Sellers w contractors officers, agents or mplorme& In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or mployes at any time on account in
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees ex aforesaid, the Seller hereby agrees as assume the defense thereof and to
defend the sane at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
any end all judgments thaI may be, noternl by or obtained egaimt Ore Purchaser ar any of its or their officers.
agents or mployen in such suits or other pmcediap, and in case jndgmmt or other lien be placed upon or
obtained oglamor the memory of the Purchaser, or said pain in or as a mull of such Sam a Orion pmcedings,
the Seller will at once cause the same to be dusolvd and Jischmgd by giving bond or otherwise. The Seller and
his contractors shall take all safety pronalims, famish and install all guards necessary for the prevention Of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupeallomal Safety and Halth Ace of 1970 and all Holes and regulations; Ismail pursuer, thereto.
Revised 07R014