HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9147658Fort Collins
Date: 12/29/2014
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS CO 80528
PO Number Page
9147658 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 12/29/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Arthur Ditch - Canyon Rprs.
Bid #8035
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
1 LOT LS
370,053.44
Total $370,053.44
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. COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. Our Exemption Number is
I1. NONWAIVER.
91F(4502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon stria isaf rmance of the terms and conditions hereof, failure or delay Ire
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993. Chapter 39-26, 114 (a).
exeaise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Sella of
Good Rejected. GOODS REIECTED due to failure to men specifications, either whew shipped or due to defects of
any of the wamnties or obligations of this pmchase order and shall not be deemed a waiver of any right of the
damage is vamit, may her returned to you for credit and are rut to be replaced except upon receipt of written
paclaxua to joist upon strict performance hereof or my of its rights or comedies as m my such good, mpoless
irutre ction t from the City or For Coll basic
of whew ahil pN, received or accepted, rem any poor or subugocnt default hereunder, nor shall my purported
steel mollification or rescission of this purchase order by that Purchase operate as a waiver of my of rate terms
Inspection. GOODS art subject In the Cily of Fan Collins inspection on innivel.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response an this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of Be City of Fan Collin. However, it is to be understood that FINAL
Seller and the Purehrett recognize that in atoll economic practice, overcharges resulting frommearrat
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for claiming this
purchase order, the Seiler hereby resigns f the Purchaser any out all claims it may now have or hereafter
Facight Terns. Shipments most be FOB., City of Fen Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or .is mumant laws for such overcharges refiring 1st the particular goods or services
otherwise specified on this order. If permission is given to Purely freight and charge separately, Be original Sugar
purthaud a a9uirM by me Puuhver pursuant to this purchase order.
bill must accomnm r invoice. Additional charger far funkier, will tot he accepted.
Manama Distance. Where manufacturers have distributing points in varmus from, of the country, shipment is
expected from the warrant distribution paint to desurcomin, and excess freight will be deducted firm Invoice when
shipments arc made from greater dierrance.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenifcntes and liceoes required by all
applicable maws, regulations, malmonce, and rates of the state, municipality, territory or political subdivision where
the work is performed, or natural by my other duly comtitated public authority having jurisdiction over the we&
of seeder. Seller further agues in hold the City of For Collins harml¢s farm aM against all liability and loss
ncuned by them by reason of m assured or estahimacd violation of my such laws, regulators, ordinances, toles
and requirements.
Authorization. All parties 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
herein set both and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller art objected an and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately try.. count make complete shipment to urive an Your
promised delivery time re neared. Time is of the essmre. Delivery and perfommce muse h effimed within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofr trial late deliveries, shall operate as a waiver ofthis provision. In the event army delay,
the Pumhaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be, liable for damages as a result of delays
due to causes not reawmbly foreseeable which are beyond its moscrum a control and without its fault or negligence,
such acts of God, was of civil or military authorities, governmental priorities, fires, strikes, flood, ryidemics, wars or
riots provided that entice of the oondata. causing such delay is given to the puuhuer within five (5) days of the
time when the Sella first received kmwladge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time atmlly hart by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples and/or other descriptions given, will be f for the purposes maded, and
performed with the highest degree of care and competence in accordance with accepted standard far work of a
similar aware. The Seller agues to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suffer a incur oa owonanI of the Sellers breach of wammty. The Sella shall replace, repair ar make
good, without cot an the purchaser, any defetts or faults arising within ore (1) year car within such longer periad of
time as may be praciibed by law or by the terms of my mplimble warranty provided by the Seller after the date of
acceptance of the goods furnished haemda (acceptance rut to h unrexsombly delayed), resulting firm imperfect
or defective work done err mmerids furnished by the Seller. Acceptance or use of good by the Purehesa shall not
constitute a waiver of my claim Order this warranty. Except m otherwise provided in this pmchau order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanantia
or guarantees, but such liability shall in no event include loss ofprofita or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purcham may make changes to legal terra by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions farm
the quantities originally ordered to the specifications or drawings, by verbal or writer, change order. If any such
change affects the amount due or the time of perfomaance hereunder, an quimble adjustment shall be made.
6. TERMINATIONS.
The purchaser may in any time by written change order, temouse this agreement as to any or all poriom of the
goods then not shipped, subject to any equitable adjustment between rat was re 0 any work a materials then in
progress Provided thal the Purchaser shall not h liable far ivy claim for anticipated pmfa on the umvmpined
portion Offs, goods sand/or work, for incidrnlal or anticapitalist damages, and that an such adjustment be, made in
favor of the Sella with respert to my good which au the Sell. standard stark. No such termination shall reline
the Purchaser or the Seller ofany oftheir obligmimex re W any goods delivered hereunder.
q. CLAIMS FOR AD3US I'MENT.
Any claim for w1jmlman must be assrned within thirty (30) days from the date Be change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella waream that all good sold hamnde, shall have been produced, wild, delivered and famished in stria
compliance with all applicable laws and mailatiam to which the good are subjaL The Sella shall ename and
deliver such documents as may be required to effect or evidence compliana. All laws and regulations required to be
incorporated in agreements of this charade, are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser hamlas from all costs aM damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become der hereurder, without the
privir . consent of the order party.
10. TITLE.
The Sella warrants full, clear and unumme cd title to the Purchmer for all equipment, materials, and items famished
in per -Romance of this agreement, flee and clear of my and all lirns, restrictions, useavations, security into e r
encumbrances and claims of omers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
IfNe Purchaser directs the Seller to mired nonconforming or defective good by a date to h agreed upon by Be
Pumhuser and the Seller, and the Sella thereafter indicates its mobility or Orwillingness to comply, the Purchaser
may cause the work an be Performed by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seiler shall release the Purchaser end its contractors of any tier from all liability and claims of my rehire
resulting from the performance ofsuch work.
This ml. shall apply am in the event of fault of negligence of Be parry released and shall ..it as the
directors, officers and employees ofsuch perry.
The Settees contmctol obligations, including warranty, shall not be deemed to be, reduced, in any way, because
such work is perfommN or caused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use my design, device, material or process covered by letter, patent, trademark
or copyrigher, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such parented deign, device, material or process is corrMion with the contract, and
shall indemnify she Purchases for any cat, expeae or damage which it may be obliged to pay by reason ofsuch
infringement or any time during the prostration or ana the completion of the work. In eau said equipment, or
my pan thereof or the intended use of the goods, is in such suit held to cowthote infringement and the use of
said quip rmat or pan is enjoined, the Sella shall, as its own expense and at its option, either procure for the
Purchmer the right to continue using said equipment or pans, replan the same with substantially qual but
noninfringing equipment, or modify it sec it becomes nonafringing.
15. INSOLVENCY.
If the Sella shall become insolvent a bmkmpL make an assigner at for the benefit of aedirms. appoint a
receiver or ousts for my of the Seller,pmpusin ery or business, gas order nay forthwith be canceled by the
Purequar without liability.
16. GOVERNING LAW.
The definitions oftenm used or the interpretation of the agreement and the rights of all parties hereunder shall be
cpnmurd under and gavemed by the Incas fthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to Perform work heramdtt,
including the services of setters Re ueseatative s), m the premises fothers.
17. SELLERS RESPONSIBILITY.
The Seller shall any oa said work or Sellers own risk unfit the same k Billy completed ad arepted, and shall,
case of my accident, destmaion err injury to the work mad/w materials bee Sellers final completion and
acceptance, complete the work at Sellers own expeme and to Be satisfaction of the Purchaser. When mateiaB
and equipment are furnished by others for installation or crection by the Seller, the Seller shall receive, reload,
store and hurdle same at the site and become responsible therefor as though such materials and/or equipment
wart being furnished by the Seller under the order.
18. INSURANCE
The Sella shall, at his own expense, provide for the payment of workers compeasatim, ianding occupational
disease hncftts, to its employees employed on or in ..earn. with the work covered by this purchase soda,
uWm to their dependents in accordance with the laws of the shire in which the wotk is to be done. The Sella
shall also cant' compreheaive general liability including, but set limited to, conrraaud and mromobile public
liability insurance with bodily injury and dash limits of at least i300,000 for my one Peron, $500,000 for any
are accident and prep my damage limit per accident of S400,000. The Seller shall likewise squire his
mna-clors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall fiunish the Purchmer with a cenifcate
Nat such compewtion and occurrence have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such cenifotm shall specify the date when such compensation
and insurance expires. The Sella agues that such compensation and immance shall be maintained ..at after the
entire work it completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ma.. the entire responsibility, and liability for any and ail damage, lass or injury, of any kind
or inure whatsoever to persons or property caused by or resulting from the execution of the work provided far in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless Be Purchaser and any
r oil of the Purchasers officers, agents and employers from and against any and all claim, losses, damages,
charges or expenses, whether direct or indirect, and whether m persons or property to which the Purchaser may
be put or subject by reason of any art, action, neglect, omission or default on the pan of the Sella, my of his
ampactors, a my of the Sellers Or contractors officers, agents or employees. In cast my suit or other
pmceaings shall be brought against the Purchmer, or ill officers, agents or employees an any lime on accomt or
by reaon of any act action, unfair. omission or default of rim Seller of my of his contmaon or my of its or
their officers. agents or employees as aforesaid, the Sella hereby egrca m assume the defnew thereof and to
defend the same at the Sellers own expense, to pay my and all cows, charges, attorneys fiesta and other experses,
any and all judgments that may be incaned by or obtained against the Purchaser ar any of its or their officers,
agents or employees in such suits or other proceedings, end in case judgment or other lien be, placed upon ar
obtained against the property of the Purchaser, or said patties in or as a result of such suits or other proceedings,
the Seller will in once cause the same to the dissolved and discharged by giving bond or or andle. The Sella and
his estimation, shall fate all rarely precaution, furnish end install all guard oaaury, far the prevenium of
acidens, comply with all lams and regulations wiN regard to safety including, bur without limimfior, the
Occupational Safety and Health Act of 1970 and all area east regulations issued pursuant theme.
Revised 072014