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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9147658 (2)Fort Collins Date: 12/29/2014 PURCHASE ORDER 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: This purchase order is subject to the terms and conditions of the Agreement between the City of Fort Collins and Connell Resources, Inc. with a notice of award dated December 17, 2014 for project 8035 Arthur Ditch Bridge Replacement - Canyon Avenue. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Arthur Ditch - Canyon Rprs. 1 LOT EA 428,781.36 Req 48996 - Ops Services 3 Arthur Ditch - Canyon Rprs. Req 48996 - Ops Force Acct 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.com 1 LOT EA 64,317.00 Total $493,098.36 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 of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmifeale of Registry 64-6000587 is registered with the Collector of Interim[ Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either what shipped or due to defect, of damage in Omar, may be reamed to you for credit aar are rot to be replaced except upon receipt of written instructions far de City OfFort Collins. Inspection. GOODS we subject to the City affront Collin inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fan Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Terms. Shipments most be F OD., City of Fan Collins, 200 Wand St, Fart Collin, CO 80522, unless otherwise specified on this order. Upemtission is given m prepay freight and charge separately, the orquard freight bill tent accompany invoice. Additional charges for packing will not be eccapu d. Shipment Distance. Where manufacturers have distributing points in actions pan of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall practice at sellers sole cast all necessary Permits, ceffiatres and licenses acquired by all applicable laws, regulation, offhance and mlcs of the state, municipality, temtory or political subdivision where the work is performed, or required by any other duly cumOtumd public authority basing jurisdiction over the work of vender. Seller further agrees to hold the City of Fan Collin families; farm and against all liability and loss incurred by them by teams of ea assured or established violation of any such laws, regulations, animators, ales and requirements. Authorization. All pansies to this contract agree that the representatives sere, in fact, bona fide and possess fall and complete authority to bind said pansies. LIMITATION OF TERMS. This purchase Order expressly limits acceptontt in the terms and condition stated herein set toed and any supplementary or additional terms and condition anmxed hereto or incarpoated herein by reference. Any additional or differatnerms and condition proposar by seller me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to more on your promised delivery date as noted. Time is of the r ctow, Delivery and performance mast be.1molid within the rime stated on the purchase order and the documents attached hereto. No eras of the Purchasers including, without limitation, acceptance ofpenial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purcbuer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall art he liable for damages as a result of delays due to noses nor rmamrably foresaable which are beyond its ranamble warm] tend without its fault of negligence, such ern of God, acts ofeivil or military authorities. governmeoal primntim fires, strikes, flood, epidemics, wars or nets provided that active of the wMinon caning such delay is given as the Pnchaser within five (5) days of the rime when the Seller first received knowledge thereof. In the event of any such delay, the date of ddivcry shall be extended for the period equal to the time morally last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specification, samples harbor other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence ff accordanve with accepted standards for work of a similar o,am The Seller agrees m hold der purchaser hmmlass from any Imss, damage or expense which the Purchaser may suffer or incur on account of Ore Sellers breach of wamaory. The Seller shall pa,me, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer pmod of time as may be prescribed by law or by the tern of any applicable warranty provided by the Seller after the date of acceptance of the goods fumished hereader (acceptance not to be unreawnably delayed), resulting from imperfect or detective work dune or materials fumished by the Seller. Acceptance or use of good by the Purchaser shall not onetime a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Salim liability hereunder shall extend as all damage proximately caused by the breach of any of the foregoing wormntia or guarantees, but such liability sball in no event include lass of prefts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchner may make changes to legal tens by wanes change order. 5. CHANGES IN COMMERCIAL TERMS. The Purcbxver may mike any changes to the terms, Other than legal terms, including additions to or delefi mrs from the quantities originally ordered in the specifirretwaS or drawings, by vmhal or women change order. If any such change affects the amount due or the time ofperfocmume hereunder, an equitable adjustment shall be rode. &TERMINATIONS. The Purchaser may at any time by with= change order, ¢rtNmta this agreement n to my or all poaian of the goods then not shipped, subject to tiny equitable adjustment berween the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profts ma the uncompleted portion of the goods anllor work, for incidental or constyuenlial damages, and that no such adjustment be made in favor of the Seller with respect to any good which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligation On, to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. A, claim for ad,.. tent be sssened within Niny (30) days from the, dte the change or mnmadon is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in alder compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents n may be required to effect or evidence wmpllance. All laws and regulation requiml to be incorporated in agreemrots of this character am hmby incorporated herein by this referatce. The Seller agrees to Indemnify and hold the Purchaser harmless firm all cots and damages suffered by the Purchaser u a result of the Seller failure to comply with such low. 9. ASSIGNMENT. Neither party shall assign, comber, or convey this aria, or any monies due or to become due hereunder without the prior within anent of the other parry. 10. TITLE. The Seller warrants full, clear and unretacte l title m the Franchiser for all equipment, materials, and items burnished N performance of this agreement free and clear of my and all lien, restriction, reservation, security ivteret cmmMmncu and claims of other. 11. NONWArVER. Failure of the PumM1uer, to insist upon strict peformanre of the terms end conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Sella in the Occur of a breach�the accepuure of or payment for goods hereunder or approval ofrhe design, shall not release the Seller of any of the warranties or obligation of this purchase argue and shall Out be deemed a waiver of my right of the purchaser to inn, upon stria performance haeofor any of its rights or remedies as to any such good, regardless of when shipped recehed or accepted, as many prior or subsequent default heremda, nor shall any purposed am[ modification or rescission of this pumhase maker by the Embracer operate u a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting farm antitrust violation arc in fact home by the Purchaser. Theretofore, for good cause and n consideration for executing this purchase order, the Sella hereby assign to the Furehuer any and all claims it may now have, or hereafter acquired under federal or state antitrust lax, for such overcharges testing to the particular good or services purchased at acquired by the Purchaser p.uant be this purchas offer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to commit nonconforming err defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all costs msacimed with such work. The Seller shall releme the Purchase, and its contractors ofmy tier from all liability and claims of any wtum resulting farm the pert nce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall amend to the directors, officers and employees ofwcM1 patty. The Seller's contractual obligations, 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. Whenever the Seller is required to use any design, derice,.,met impmcess mveml by lever, patent mxdema2 or copyright, the Seller shall indemnify and save harmlcas the Purchaser farm any and all claims far infringement by reaon of the use of such patatted design, device, normal or pretax, in wnnmiom with the contract, and shall indemnify the Puahucr for any cost, expense or damage which it may be obliged to pay by reason of such impingement at any time doctor the prose=tlon or after the completion of the work. In case said equipment, or any pan thereof or the inmadid use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the night 10 continue Wing said equipment or parts, replace the same with substantially al but roninfiinging equipment, or modify it am it become naninfi ngng. 15. INSOLVENCY. If the Seller sM] become insolvent or bankrupt it, an assignment far the bereft of treatment, sprain a recriver or trustee for any of the Sellers property or buiness, this over may forthwith be canttIed by the Forebear without liability. 16. GOVERNMG LAW. The definition of terms rued or the interpretation ofthe agreement and me rights of all parties hereunder shall be committed under and governed "a laws of the Sate ofColomdo. USA. The following Additional Condition apply only in cases where the Seller is m perform work hmunder, including the services ofSellm Representatives), on the premises premium. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellds own ask until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to Ore satisfaction of the Purchaser. When maerials ab equipment are burnished by others for installation or mc0on by the Seller, the Seller shall receive, unload, store and bangle same at the site and became responsible mare(er u though such matmaB also, equipment were being fumished by the Sella trader rate orda. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker compensation, including ocwrytioral disease accepts, to its employees employed on or in connection with the work covered by this purchase order, anNor to their dependents in mcoff ere, with the laws of the stare in which the work is to be done. The Seller shall also carry mmprehmsive general liability including, but not limited to, contractual and automobile public liability ire with thowly injury red death liar arm lout ETg,000 fm any one person, Mmiyair for any one accident and property damage limit pa accident of $400,000. The Sena shall lsewiss require his mntamtom marry, to provide for such =mpersation and inuranm. Before any of the Seller Or his mmracton employees shall do any wok upon the premises of others, the Seller shall famish the Purchaser with a cesifcue Our web wmpemation and inumme have been provided. Such auditors shall specify the date when such compensation and insurance have ban provided. Such cenifestes shall specify the date when such compensation and insurance expires. The Seller agree that such comprnsmion and insurance shall be maintained ..,it aBe, the =tire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for my" all damage, lassor i jury of tiny kind or aware whatsoever Or perwas in property caused by or resulting From the execution oftim wok provided for in this purchase once or in .,,a. herewith. Tbe Sella will indemnify and bald homeless fe Purchaser and any r all of the Porehas. officers. agents and employees from and against any and dl claims, lasses, damages, charges or expenses, whether tires or indirect, and whether to Famous or properly as which fire Nrhmer may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors offices, agents or employees. In case any so,, or other proceedings shall be brought against the purchase, or its officers, agents or employees at any time on account ar by reason of any al, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oDic., agents or employees as aforesaid the Seller hereby agree m assume the defense thereof and to defend the same at the Sell. own expense, m pay any and all coda, charms, attwouni fees and other expenses, any and all judgm=a that may be wemmd by or obtained again, the Purchaser or my of its or their ill., agents in employes in such suis in other proceedings, and m was judgment or other I'm be placed upon or obtained against the property of the Purchaser, at maid parties in or is, a result of such suits or other proceedings, fe Seller will at once cause the same,. be dissolved and diwhaged by giving bond or otherwise. The Seller end his contractors shall take all safety precaution, famish and install all gmrds necessary for the prevention of accidents, comply with all laws and regulation with regaak to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 07n014