HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9146985of
Fort Collins
Date: 11/26/2014
PURCHASE ORDER
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS CO 80528
PO Number Page
9146985 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: 11/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i CONSTRUCTION SERVICES 1 LOT LS 326,628.00
451 BOARDWALK WATER MAIN IMPRO
7089 Water 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.00m
Total $326,628.00
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. COMMERCIALDETA1LS.
Tax exemptions, By statute the City of Too Collins is exempt fmm state and local axes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry g4-6000589 is registered with the Collector Of
Internal Revenm, Denver, Colorado (Ref. Colorado Revised St3.ma 1973. Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to in. sperifcatiom, either when shipped of due to def is of
damage in wron ir, may be ..i to you for credit end are not to be, replaced except upon receipt of women
imwctiom fur the City of Fon Colfax.
Inspection. GOODS am subject to the City of Fort Collire inspection an moved.
Final Acceptance. Receipt of the merchandise. services or equipment in response to this aide, cu esult in
authorized payment on the pan of the City of Fall Collins, However, it is to be understood that r FMAL
ACCEPTANCE is dependent upon completion of m1 applicable required impectow procedures.
Freight Terms. Shipments most be F.O.M. City of Fan Collins, 700 Wood St, Fort Collins. CO 80522, unless
wro rwiso specified on this order. If permission is given to prepay freight and charge separately the orignal freight
bill most accomaanv, invoice. Additional chances for packing will out be mccptnd
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the neared distribution point to destination, and excess freight will b, deducted from Invoice when
shipments are made Born gems distance.
Permits. Seller shall praum at sellers sale cost all necessary permits, certificates and licenses retained by all
applicable laws, no latiom, midinmces and roles of the state, municiWlity, 4mtory Or political subdivision where
the work is performed, or mTyirM by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller hurter screw, to bald the City of Fort Collins hmmlwa firm and against all liability and loss
cured by them by season of an asserted or established violation of my such laws, regulations, ordinances, miles
and r yuimments.
Authorization. All ponies to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
berein set fobs and my supplementary or additional terms and conditions annexed human or incorporated herein by
reference. Any additional or different corms and conditions proposed by xltw are abjected to and herby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immNimely if you cannot make complete shipment to since on your
promised delivery dale as noted. Time is of the essence. Delivery and performance most be affected within the time
stated on the purchase under and the documents attached hereto. No acts of the Purchasers including, without
hour atlon, accepnunce of partial late deliveries, shall operate as a waiver of this provision, In the rotor of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this ode, elsewhere
.it holding the Seller liable far damages. Howeveq the Seller shall nor be liable for damages as is resin, of delays
due to causes not reasonably foreseeable which ore beyond its reasonable comml and wirout its Each of negligence,
such acts of God, acts of civil or military authenties, gmorponrnal pdonlies, fires, strikes, flood, epidemics, wars or
mots provided Out notice of the conditions rousing such delay is given to the Purchases within five (5) days of the
time when the Sella first received knowledge therwc In the event of any such delay, the dare of delivery shall he
extended for the period equal to file time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifcatimus. samples api other desurficas given, will be fit for the purxxs intended, and
Performed with the highest degree of cote and competence in acmrdame with accepted standards for work of a
milm aware. The Seller agrees to hold the purchaser harmless fmm my loss, damage or expense which the
purchaser may suffer or woman watchwords, Sellers breach of wamnty. The Seller shall cardinal, repair or make
good, without cast to the purchaser. any defects or faults arising within one (1) year or within such longer period of
time as may be pexambed by law or by the arms of any applicable warranry Provided by the Sella after the date of
severance of the good famished hereunder (accordance not A, be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Pumharcr shall not
constitute a waiver of any claim under this w'ananty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extent to add damages pmxi=tciy wascal by the breach of my of the foregoing warmties
in guam dvan, but such liability shall in no event include loss ofpmfm or doss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pwchaser may make changes. legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the drum, other than legal terms, including sf itions to or deletions fmm
the quantities originally ordered in the speciricmimts or drawings, by verbal or wrinen change order If any such
change miech the amount due or Ne fine of performance hereunder, an equitable Mjustmrnt shall be made.
&TERMINATIONS.
The Purchaser may in my time by written change at crucial this agreement as to my or ull portions of the
goods then not shipped, subject to any equitable adjrtnmern between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods stupor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with aspect to my goods which am the Sellers sandand stock. No such termination shall relieve
the Purchaser or the Seller of my oftheir obligations as to any gad delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for w1jusMmt most be asserted within thin (30) days from the time the change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which dre goods are subject. The Seller shall execute and
deliver such documents is may be required to effect or evidence compliance. All laws and regulations required. be
incorporated in agreements of this character see hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold Ore Furtherer haemlm from all costs and damages suffered by the Practical as is result of the
Sellars failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, uamfeq or convey this other, or my monies due or to become due hereunder without the
prior written consent ofrhe other patty.
10. TITLE.
The Seller warrants full, clew and trmesnicted tide to the Purchma far all equipment rnaterials, and items famished
in pwifts me of this agreement free and claim of any and all liars, restriutiona, reservations, secunly moral
encmobmnces anal claims ofother,
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights of remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the mmworsoe of or payment for grand hemunder or approval oftha design, shall not release the Sella of
any of the immunities or obligations of Nis purchau order and shall not M deemed a waiver of any right of the
purchaser to insist upon strict pert hereof or any of its rights Or remedies as to my such good,regardless
of when shipped, praised or accepted, as to any prior or subsequent default htmu ba, nor shall any puryormul
Old modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the worm
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust
violations are in fact home by the Pumhascr. Thera.fore,for good cruse and m consideration for executing this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges retain, an the particular goods or services
purchsud or acquired by Om Purchaserpursumt w this purchase order.
13. PURCHASERS 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
Purchaser and the Seller, and the Seller theaafr indicates its wordily or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available a it, and the Seller shall pay all
cash associated with such work.
The Seller shall release Nr Puahma and its contractors array ties fmm all liability and claims of any nature
resulting fmm the performance crumb work.
This release shall apply even in the event of fault of mgligcme of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Sellers contractual abligmions, 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.
Whomever the Seller is required to use any design, davits, maenad or process covered by letter, patent, trademark
or copynght the Sella shall indemnify and save hmmless the Purchase fmm any and all claims for infringement
by mason of Ne ux of such patented design, device, material m process in cortmetion with the contmet, and
shall indemnify the Purchaser for any tout, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the fight to continue using said equipment or pans, replace the mine with substantially equal but
nodnfina,mg equipment, or modify it so it becomes ra dnfnaging.
15. INSOLVENCY.
If the Seller shall become imolvem or bankrupt. take m assignment for the benefit of creditors, appoint a
receiver err ,eus,as fo, any of the Sellers property or business, this ado may forthwith to w arkat by the
Purchaser without liability.
16. GOVERNING LAW.
Thc definition of teems toed or the intenpteudom of dor ag,remem and the rights ofail ponies hereunder shall be
conducted under and governed by the laws ofhe State of Colorado, USA.
The following Additional Conditions apply Only in nos where the Sella is to perform work hereunder,
including the smices of Sellers Reprex ormisc d. on the pre rural of olhars.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own ask until the same is fully completed and accepted, and shall,
in r of any accident, destruction or injury to the work mWor materials before Sellers fl completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fiunishal by ethers for installation or ernvion by Ott Seller, the Sella shall receive, unload.
shore and handle same at file site and become cesponsible therefor as though such mmenaLs ani aquipmmt
were being romishM by the Seller under the under.
18. INSURANCE.
The Seller shall, at his own expense, Provide for the Payment of workers compecourion, including Occupational
disease benefit to its employees employed on or in connection with the work covered by this prchase order,
uncut, 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 Indudin,, but not limited to, contractual and automobile public
liability imumnce with bodily injury and death limits of at least S300,000 for any one Person, SSOgrU9 for my
one accident and property damage limit per accident of 5400OD0. The Sella shall likewise require his
contractoo, if any, to provide for such compensation and inc urmce. Before any of the Salim or his com,mmrs
employers shall do any work upon Om premises ofochen. the Sellarshall Impolitic Pun raccom with a certificate
that such compenation and imumnce have been provided. Such scrtifiraus shall specify We date when such
cumpethation and insurance have been provided. Such certificates shall specify Nc date when such compenaton
and insurance expires. The Seller agrees that such compensation and inurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass es the entire respanobility and liability for my and all damage, loss or injury of my kind
r mum whatsoever to persons or property crowd by or resulting f the execution ofhe work provided for in
this purchase order or in connection herewith. The Seller will indemnify W hold harmless the Punctuator and any
or all of Nc Purchasers officers, agents and employees fmm sdi against my and all claims, losses, damages,
charges or expenses, whether firm, or indirect, and whether to person err property. which the Purchasm may
be put or subject by mason of my set action, neglecl, omission or default on the pm of the Seller, any of his
commetors, or any of the Sellers or contractors officers, agents or employees. In sax any suit or other
proceedings shall be brought againt the Purchaser, or its officers, agents or employees at my time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or
their officers, agents or employees as aforesaid, care Sella hereby agrees to assume the defame charter and to
defend rha same at the Sellers awn expeme, to pay my and all costs, charges, moneys fees and other expernea
my and all judgments that may be incased by or obmhmd author the Purchaser or any of its or thew officers,
agents or employees in such suits or other proceedings, and in rase judgment or other lien ber plmM upon or
obtained against the property of the Functional, or said lost in or as a result of such suits or other proceedings,
the Seller will at once crux the same to be dissolved and dewhaged by giving band or otherwise. The Seller and
his contractors shall it all safety precautions, famish and irmall all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, It without limitation, the
Occupational Safety and Health An of 1970 and all rules and regulations issued pu must there..
Revised 07a014