HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9146443Fort of
Date: 11/04/2014
PURCHASE ORDER
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS CO 80528
PO Number Page
9146443 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/04/2014 Buyer: PAT JOHNSON
Note:
Line
Description
Quantity UOM
Ordered
Unit Price Extended
Price
I CONSTRUCTION SERVICES
700 BLK WHALERS WAY MAIN IMPRO
1 LOT LS
7089 Water Utilities Infrastructure Design & Construction Services
Contractor
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.00m
100,435.00
Total $100,435.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City attract Collins is exempt form state and local taxes. Our Exemption Number is
I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Canificare of Registry, 84-60(0587 is regiAeted with the Collector of
Failure of the Purchaser to imer upon strict paramount of the terms aril conditions hereaf, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise my rights or remedies provided herein or by law, failure to Promptly notify the Seller in the event of a
breach, be acceptance ofor payment for goods hereunder or approval afbe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, eiher when shipped or due to defects of
any of the warranties or obligations of this purcbase order and shall not be deemed a waiver of my right of the
damage in tansit may he resumed to you for credit sod are not to be replaced except upon receipt of written
purchaser to insist upon strict per( ante hereof or any of its rights or remedies as to any such goods, regardless
u suuctiom from the City of Fon Collins.
of whom shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purpuned
mil modification or rescission of Box parchae , Order by the Purchase, operate as a waiver of my of rhr terms
Inspection. GOODS are subject to the City of Fon Collins imposition on moral.
hereof.
Final Acceptance. Receipt of the me¢haadise, services or equipment in mixture a this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized W,nom on be pan of the City of Fort Collins. However, it is W be understand bar FINAL
Seller and the Purchaser ormmae that in actual camenic practice, overcharge resulting from mritmat
ACCEPTANCE is dependent upon completion i fall applicable required inspation procedure
violations are in fact bone by the Purchaser. Theretofore. fair good cause and as consideration for executing this
purchase order, the Seller hereby aligns in be Purchaser any case all claims it may now have or hereafter
Freight Tents. Shipments mnsr be F.O.B., City of Pan Collins, Too Wood Sr, Fort Collins, CO 80522, unless
aquiml under federal or are antitrust laws for such overcharge relating to the particular goods or services
.because specified oa this order. if pemmusim is given to prepay freight and charge separately, the original freight
purchased or acquired "a Purchaser pursuant to this franchise order.
bill must accompany invoice. Additional chances for making will not be accepted
Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is
expected from the nearest distribution ,at m destination, and excess freight will be deducted from Invoice when
shipments are made form greater distance.
Permits Seller shut[ procure at sellers sole cost all necessary pmaim, ciifirm. and licenses required by all
applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where
the work is permmod, of requited by any other duly constituted public authority having jurisdiction over the work
of vendor, Seller further agrees to hold the City of Port Collins harmless from and against all liability and loss
endred by them by union arm maimed or established violation of any such laws, regulations, ordinances, roles
requiremn6.
Authorization. All panies to this contract agree that the representatives are, in fact, bon fide and possess full and
complete authority to bind said panics,
LIMITATION OF TERMS. This Purchase Order expressly limits arcrEar ce to be terms and conditions stated
herein net fiat and my supplementary or additional mums and conditions annexed hereto 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 itmnrdlady ifyon cannot make complete shipment a arrive on your
promised delivery data as rated. Time is of the essence. Delivery and performance most be crashed within the time
stated on the purchase order and the document, attached hereto. No at, of be Purchasers including, without
Imitation, accepmrce of panial late deliveries, shall operate m a waiver of this provision. In the pent ofany delay,
the Purchase shall have, in addition to other legal and equitable remedies, the option of placing Nis order elsewhere
and holding be Seller liable for damages. Hosvev, the Seller shall not be liable for damages m a result of delays
due to cauxes nor reasonably factorable which are beyond its reasonable cmmro] and without its fault of negligence,
such acts of God, acts ofcivil or milim, authorities, govemmenml pdorifie,fares, strikes, Broad, epidemics, wars or
riots provided but notice or be condition causing such delay is given to be Purchaser within five (5) days of be
time when be Seller for received knowledge baxi In be event of any such delay, be dam of delivery shall be
extended for be period equal to the time actually Ion by reason ofbe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work averred by this order will conform with applicable
drawings, specifications, samples antbor other descriptions given, will be fit for the purpose intended, and
Performed with the highest degree of care and comlmtam, in accordance with accepted standards for work of a
miler nature. The Sella agrees to hold be purchaser brimless form any loss, damage or expense which be
Purchaser may suB'a or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within our (1) year or within such longer period of
time as may be prescribed by law or by b<term of any applicable wananry provided by the Seller after the data of
acceptance of the goods fumished hereunder (acceptance not to be umeam uffly delayed), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not
onstltum a waiver of any claim under this warranty. Except as otherwise provided in this purchase art Ne Sellers
liability hereunder shall extend to all damages proximarrely caused by the breach of my of the foregoing isarruntim
or guarantees, but such liability shall in no event include loss of profs or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal temp by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal tenor, including additions to or deletions from
the quantities originally ordered in be ap¢iGeations or drawings, by carol or wnaen change order. If any such
change affects be amount due at the time of performmcce hereunder, an equitable mijmtment shall W made.
6. TERMINATIONS.
The Purchase may at my time by wriven change color. learnini this agreement aw so any isall poniam of the
goods then tot shipped, subject to my equitable adjuament between be pzmies or to any work or materials then in
progress Provided ear the Prochressar shall not Is, liable for any claims for anticipated Profits on the uncompleted
portion of Re, goods anchor work, for imideast or masequential damages, and but an such edjmtment be made in
favor of the Seller with repot to my goads which an, the Sellers standard stork. No such mrmitation shill relieve
the Purchaser an the Seller ofany of their obligations as 1. any goods delivered firreunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mat be asscned within miM (30) days from be date me change or temninatimn is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goads sold hereunder shall have them produced, sold, delivered and fumished in strict
compliance with all applicable laws and regulations to which be gaol are subject. The Seller shall execute and
deliver such documents as may be requital to effect or evidence compliance. All laws and regulations required to be
ncaryamted in agreements of this character are hereby incorporated herein by des reference. The Seller agrees to
indemnify and hold the Purchaser hammles fmm all wets and damages suffered by be Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey his order, or any monies due or to became due hereunder without the
prior women consent of the other pray.
10. TITLE.
The Seller warrants full, clear and bues acted title m be P onheser for all equipment matenaLs, and item famished
in performance of this agreement, f es, and clear of any and all liem, restrictions, reservations, security burned
encumbrance and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direr¢ the Seller to correct nonconforming or defective goods by a date to be agreed upon by Ne
Purchaser and the Seller, and the Seller the eafter indicates its inability n unwillingness or curtail, the Purchaser
may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay call
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any net fmm all liability and claims of any at
resulting from the performance ofsuch work.
'Ibis release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch parry.
The Sellme contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perfommN by the Purchaser.
14, PATENTS.
Whenever the Seller is require) u me any design, device, material or process covered by letter, patent, trademark
ar copyrigM, the Seller shall indemnify and save hmmles be Purchaser from any and all claims for infringement
by remon of the me of such patented design, device, material or process in connection with the contract, and
shall indemnify be Par havia for any cost expas, or damage which it may be obliged to pay by reason of such
infdn,emem at any time bunch, the pmsmmuar or after the completion of the work. In case said equipment, or
any pan thereof or the intended me of me goods, is in such suit held or constitute infringement and the use of
said equipment or Pan is enjoined, me Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said tyitipment or pans, old. the same with substantially .at but
stoomfiringing or modify it so it becomes roninfriogin.
15. INSOLVENCY.
If be Sella shall become insolvent or handmaid, make an assl,mnent for be benefit of creditors, appoint a
receiver or move for any of the Sellers property or business, this order may forthwith be wnnled by be
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or be interpremnon arms, agreement and the rights of all panies hereunder shall be
consuucd under and govemed by the laws might, Some of Coloado, USA.
For following Additional Conditions apply only in casts has Bar Seller is to perform work hereunder,
including the services of Sellers Represenmtive(s), on be premises archers.
IT SELLERS RESPONSIBILITY.
The Seller shall any on said work at Seller's own nsk until the same is fully completed and accepted, and shall,
in 'se of any accident, destroom or injury to the work andtor mammals before Sellefs final completion and
acceptance, comploo the work at Sella s awn expense and to the satisfaction of the Purchase, When materials
and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at be site and become responsible therefor m though such materials and/or equipment
were being furnished by the Seller under be order.
18. INSURANCE.
The Seller shall, at his own expense, provide for be payment of workers compemmion, including occupmical
disease benefits, to its employees employed on or N connection with the work covered by this purchase order,
and/or to their dependent, in accordance with the laws of the state in which the work is to be done. The Seller
shall also cony, comprehensive general liability including, but not limited to, contractual and automobile public
liability imumnce with bodily injury and death limits of at least S300,000 for cony one Person, S500,000 for any
one accident and property damage limit per accident of M00,000. The Seller shall likewise require his
camracm s, if any, to provide for such compensation and insurance. Before my of the Sellers or his contmmom
employees shall do my work upon the premises of others, the Seller shall ruttish the Purchaser with a certificate
that such compensation and insurance have been pmsided. Such certificates shall specify the date whm such
compensation and immsurance have been provided. Such ttrtifmcates shall specify the date when such confirmation
and insurance expires. The Seller agrta Char such camperwtion and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seller hereby aesumes the mire responsibility and liability for any and all damage, loss or injury ofany kind
r nbte whatsoever to persons or propmy coma[ by or resulting fmm be exertion of the work provided for in
this purch se order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employers farm and against any and all claims, losses, damages,
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 at atimt neglect, omission or default on be pan of the Seller, my of his
contractors, or any of be Sellers or contractors aiicers, agents or employees. In case any suit or other
porccashop shall be brought against be Purchum, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, be Seller hereby agrees in assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, ammmeys fees and other expenses,
any and all judgments that may be incurred by or obtained against be Purchaser or any of its or their officers,
.,am or employees in such suits or other proceedings, and in eau judgment or other tin be placed upon or
obtained against the properly of the Puchaser, or said patches in or as a result of such suits or other proceedings,
the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take ill safety pmcautiom, famish and install all guards necessary for be prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 0712014