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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9147038PURCHASE ORDER PO Number Page cCityof914703e ,oft `t Collins/ �Ihis number must appear ` 1'�7 on all invoices, packing �sllps and labels. Date: 12/01/2014 Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS CO 80528 Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price I East Community Park 1 LOT LS 852,378.00 Earthwork Project 7089 Water Wastewater & Stormwater Utilities Infrastructure Design & Construction Services Contractor z East Community Park .1 LOT LS 200,000.00 Earthwork Project 3 East Community Park 1 LOT LS 242,877.50 Earthwork Project 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.mm Total $1 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute fie City of Fort Collins is exempt from sour and local tuxes. Our Exemption Number e, 11. NONWAIVER. 9"502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to most upon strict performance of the banns and conditions hereof, failure or delay to Interim[ Revenue, Denver, Colorado (Ref. Colorado Revised So men 1973. Chapter 39-26, 1 is ho. exercise any rights or remedies provided herein or by law, failure b promptly ratify the Seller an the event of a breach, the acceptance ofor Payment for goads hereunder or approval CfthC design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mad specifications, either when shipped or due to defer% of any of the warranties or obligations of this purchase order and shall tut he deemed a waiver of any right of the damage in Cannot, may be rammed to you for aedil and arc not in, be replaced except upon receipt of written Purchaser to most upon scam performance hereofor any of its rights or remedies as to any such goods, regardless intrucdons from be City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryored Oral modification err rescission of this purchase order by the Purchaser operate as a waiver of any of be arms Important. GOODS are subject to the City of Fan Collins inspection on antral. hereof. Final Acceptance. Receipt of the merchandise, services or ermpmmt in sespOmm In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of ran Collins. However, it is to be understood that FINAL. Seller and the Pum ecor recognize that b actual a is pme, ov cficerchares re gsulting ft. antitrrut ACCEPTANCE is dependent upon Completion ofall applicable requited inspection procedures. violations are in fact homecr by the Purchu. The reoforenfar good cause and se coasidearom fm executing this purchase order, Use Seller hereby assign to the purchaser any and all claims it nay now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collin, 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal m moo antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant m this purchase order. bill most accomoanv invoice. Additional chances for Catkins will runt be accepred. Shipment Distance. Where manufacNraa have distributing points in various puts of the Country, shipment is expected fmm the Crest distribution pains to destination, and excess freight will be deducted fmm Invoice when shipments ate made form greater distance. Permits. Sella shall procure at sellers sale coal all necesvary permits, contributes real license required by all applicable laws, regulation, orditames end rules of the sure, muniei uifi mmmry or Political subdivision where be work is performed, or required by any mine duly caCimted public authority having jurisdiction over the work of vendor. Seller fabler agrees On hold fe City of Fart Collins harmless from end o,1C all liability and IC incurred by them by reason of an asmrted or established violation of my such laws. regulations, ordinances. Coles anderyuieements. Authorization. All panic to bis contract agree that the representatives roc, in fxt Ism, fide and possess full and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits mccpancc to fie seems and conditions sated herein set foal and any supplementary or eddiliaral terms and condition war.ad hereto or incorporated brain by reference. Any addioxml or dill vat terms and Condition proposed by seller are objected to and henry jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make Complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery, snd performance must be effected within the time sated on the purchase order but be dauments areched hereto. No acts of the Purchasers including, without limitation, acceptance ofpmiv] late delivmes, shall memo: as a waiver of this Provision. In the event of my delay, be Farmhouse, shall have, in addition m ober legal and equitable remedies, the option ofpfcing this order elsewhere and homing be Seller liable for damages. however, be Serer shall not be liable fur damages as a result of delays due W wears not reasonably foresemble whim are beyond its reasonable control and without its fault of negligence, such acts ofGod, sea ofeivii Or urinary authorities, governmental priorities, fires, strikes, flood, epidemic, wars or nos provided that notice of be Conditions rousing such delay is given to be purchaser within fire (5) days of be time when be Seller first received knowledge thereof. In be event of my such delay, the date of delivery shall be extracted for be period oral so the time actually Inn by reason of be delay. 3. WARRANTY. The Seller warrants far all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or ofer description given, will be fit for be purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold be purchaser humless from any loss, damage or expense which the purchaser may suffer or anew m account of the Sellers broach of wenenty. The Seller shall replace, repair or nuke good, without cost to be p rmhaseq my defects or faults arising within one (1) year or within such longer period of time u may be prescribed by law or by Use terms of my applicable warranty provided by the Seller alter be dam of acceptance of be goods banished hereunder (accept. am to be mannomnbly delayed), resulting from imperfect or defective work done or materials famished by be Sella. Acceptances, or ere of good by the Purchaser shall at constitute a waiver of any claim under this wor orcy. Except as Otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by be breach of any of the foregoing wanami a or guamntims, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Furtherer may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the mans, other than legal terms, including additi or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aRects be amount due or the time of performance hereunder, an equitable adjudmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by written Change Color, terminate this agreement as to any or all partions of the goads then not shipped, subject to any equitable adjustment between the parties vs 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 Mine goods m lror work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve be Purchaser or be Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be armed within thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wartantn but all gads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regularities an which the goods sre subject The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulation required to be, ncoryoaled in agreements of this character arc hereby incamomm l herein by this reference. The Seller agrees to indemnify and hold be Purchaser harmless from all emb and damages sulTered by the Purchaser as a result of be Sellers failure as comply with such law. 9. ASSIGNMENT. Neither party shall assign, tranfer, an convey this order, or any monies due or to become due hereunder without be prior wclnm consent offer other party. 10. TITLE. The Seller warrants bill, clear ard umeslricted tide to the Purchases for all equipment, materials, and items famished in performance of this agreement free just clear of any and all lions, restrictions, reservations, security interest mcuafaanneand Claims ofofea. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifbe Pmchutt directs the Seller to Cornet nonconforming or defective goods by a date to be agreed upon by the Purchaser and be Seller. and the Sella betcafto indicates its inability or unwillingness to comply, the purchaser may cause the work eo be peAbrned by the mast expeditious means available to it, and the Seller ,ball pay all Costs associated with such work. The Seller shall release be Purchaser and its contractors of any tier fmm all liability and claims of my COMM resulting from the performenu ofsuch work. This release shall apply even in be event of full of negligence of be parry released red shall extend to be directors, officers seal employ«, ofsuch party. The Sellels contrxmsal abligatims, including wartmty, shall sot be deemed to be seduced, in any way, because such work is performed Or vowed an be performed by fie purchaser. 14. PATENTS. Whenever be Seller is required to use my design, device, material or process severed by tenet, patent, trademark or copyright, be Seller shall indemnify and save harmless be Purchaser from any and all claims for infringement by recom of the use of such rumored design, device, material or process in comtectim with fie contract, and shall indemnify be Purchaser for any cost, expense or damage which it may be obliged to Pay by tmson of such infringement at any time during the p.tion or after fie Compleion of be scul In Case said entrapment, or any For thereof or the imeuddl use of the good, is b such suit held to connate infrm,ormul and be use of said equipment or pan is enjoined, the Sella shall, at its own expen, and err its option, Culver procure for Use Purchaser the right to continue using said equipment or pans, replace be same with substantially equal but noninfringing equipment, or modify it an it becomes nor ifinging. 15. INSOLVENCY. If the Seller ,ball become insolvent or bardoupl, make an assignment for the berefrt of crtdiuns, appoint e receiver or trustee for my of the Sellers properly or business, this order may foMwif be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterns used or be interpremtion offie agreement and the rights ofall parties hereunder shall be combined under and governed by fie lows of the Sate of Colorado, USA. The following Additional Conditions apply unity in cases where the Seller is m perform work hereaaler, including fie services of Sellers Represenative(s), on be premises ofoduca. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellels own risk until be same is filly Completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers fiml completion and acceptance, complete the work at Seller's own expense and to the satisfaction of be Purchaser. Wben materials and equipment are famished by ohers for installation or erection by the Seller, the Seller shall receive, unload, shire and handle same at the site and become reap usible therefor as bough such materials author equipment woe being finished by the Seller under the ardor. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers Compensation, including occupational disease benelits, bo its employees employed on or in connection with the work Covered by this purchase order, and/or to their dependents in accordance with the laws of be state in whim 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, S5 W,000 for any one accident and property damage limit For accident of 5400,000. The Seller shall likewise require his ontractors, if any, to provide for such Compensation and insurnme, Before any of be Sellers or his contractors employees shall do any work anon 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 be date when such Cmpensation sad insurance have been provided. Such certificates shall specify be date when such compenation and insurance expires. The Seller agrees that such compensation and insurance shall ho maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss m injury of any kind r nature whomever to persons or property caused by or resulting from be execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchases and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whefer to persons or property to which be Purchaser rimy be put or subject by reason of any act, action, neglect, omission or default An be prat of the Seller, my of his mnactors, Or my of be Sellers or concrommas officers, agents or employees. To case any suit or other proceedings shall be brought against be Purehasa, 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 fair officers, agents or employees ex aforesaid, the Seller hereby agrees to assume the defense bermf and 1. defend the more at the Sellers own expense, to Pay any and all costs, charges, arm drys fees and other expenses, my and all judgmma that may W incurred by or obtained apron be Purchaser in my of its or their officers, agents or employees in such suits or other proceedings, and in Case judgment or other lieu be, placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits Or other proceedings, fe Seller will at once muse the same to be dissolved am disclmrged by giving band or oferwiec. The Seller arm his contacmrs shall mite all safely precautions, fmish and moral all guards naessary for be poslofim of accidents, comply with all laws and regulation with regard to mfety including, bur without limitation, the OccuWtional Safety and Health Act of 1970 and all Coles and regulation issued mouml theref. Revised 0712014