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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9140950 (4)PO PURCHASE ORDER 914095er Page City, of PURCHASE 40950 + of z �} Collins( his number must appear V 1 1 on all invoices, packing sli s and labels. Date: 12/31/2014 Vendor: 109445 Ship To: WATER UTILITIES CONNELL RESOURCES INC CITY OF FORT COLLINS 7785 HIGHLAND MEADOWS PKWY #100 700 WOOD ST FORT COLLINS CO 80528 FORT COLLINS CO 80521 Delivery Date: 12/31/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price s CONSTRUCTION SERVICES 1 LOT EA 333,016.66 Rigden Reservoir -Natural Areas CONSTRUCTION SERVICES 1 LOT EA 215,804.13 Rigden Reservoir -Natural Areas 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 680, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m Total $548,820.79 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 FOrAiTTWOMMY71"MMMG2dTmIQLrLE9 Page 2 of 2 I. COMMERCDM.DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt tram state and local taxes. Our Exemption bomber is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Inter al Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of damage in transit, may be returned to you for credit and are not to be replaced except upon meeipt of whim insrmaions from the City ref fort Collins. Inspection. GOODS are subject to the City of Fan Collins impectior an arrival. Final Acceptance. Reacilit of the merchandise, services no equipment in response to this order ran (cant m authorized payment on the pan of the City of For Collins. However, it is to b< undenaod that FINAL ACCEPTANCE is dependent upon completionof all applicable required inspection procedures. Freight Terms. Shipments must be F.O.D., City of Fort Collins, 700 Wood St, For Collins, CO 80522, umess Otherwise specified on this order. If permission is given 10 prepay maldo and charge separately, the original freight bill must accompany invoice Additional charges far packing will not be accepted. Shipment Distance. Where monufaauars have distributing points in various pans of the coumry, shipment is expected from the nearext distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pacure, al tillers sole at all necessary permits. certificates and licenses required by all applicable laws, regulations, carmine. and rues of the seam, municipality, terrilary or political subdivision when the work is performed, Or required by any other duly coatimted public authority laving jurisdiction over the work of vendor. Seller fuller agffm to hold the City of Fort Collin harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, reguations, ordinances, rules and requirements. Authorization. All pamim to this contract agree that she «presenmtives me, in f t bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits ucceptmce m the W. and conditions sad herein set fond and my supplementary, or additional terms and conditions annexed hncto in incoryoatal herb by refcram. Any additional err dilfetent 1. and conditions progacd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you amot make complete shipment to arrive on your Promised delivery dam as noted. Time is ofthe .,an. Delivery and performance mast be of ntal within the time slated on the purchase order and the documents attached hemo. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, sholl operate m a waiver arms provision. In the event army delay, the Purchaser shall have, is addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages of a result of delays due as causes am reasonably fonexamle which are beyond ifs reawruble control and without its fault afr jiblu nce, such was ofGod, acts of civil or military anfonfia. gormmenml priorities, fires, studies, flood, apidemia, was Or riots provided that notice of fe conditions coming such delay is given to the Portman within rive (5) days of she time when foe Seller f t reversed knowledge thereof. In the event of ery such delay, foe date of delivery shall be extended for the period egml to the time actually lost by mason of 0e delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be ❑t for the purposes intended, and performed with foe highest degree of care and comparators, in accordance with accepted sruMsrds for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pontoon may suffer or uniform account ofthe Sellers breach ofwaranrysh . The Sella all replace, repair m make good, will am cost as foe purchaser, any defects or handles miring within roe (1) year in within such longer Pend of time as may be Inessential by law or by the temp of my applicable wamaty Provided by foe Seller after the dare of uceepnvmce of the goods f fished hereunder (accepame Out to be unresurnably delayed), resulting from imperfect or defective work done or materials funtishd by foe Seller. Acceptance or use of good by the Purchaser shall not onstimte a waiver of any claim under this warranty. Except m ofnwise Provided in this purchase order, foe Sellers liability hereunder shall extend to all damages proximately accused by the branch of my of the foregoing warramia or guarantees, but such liability shall in no event include loss ofprofs or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes an legal terms by wrom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, Other than legal tear, including addition m or deletions from the quantities annually ordered in the speificatous or drawings, by verbal or wrimm change order. If my such change alTects the amount due or the time ofperfamnace hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may are my time by written change Order, terminate this agreement of to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties As to any work air mnawrials fen in progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted portion of the good and/m work, far iacidmml or consmuenlial damages, and fat no such adjustment Ise made in favor ofthe Seller with respect o my good which sure foe Sellers sendared stock. No such termination shall relieve the Purchase, or foe Seller ofmy of thew obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for abominator must be asserted within thimy (30) days from the date the change or termiatim 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 the goods are subject. The Seller shall execum and deliver such documents m may be terminal to effect or evidence compliance. All laws and regulations required to be ncorponted in agreements of this character arm, hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages sulfmd by the Purchaser as a result of foe Sellers frilar, to comply with such law. 9. ASSIGNMENT. Neither party shell assign, transfer, or Convey this order, of any monies due or to become due hekmodm without the prior winner coment afthe ofer parry. 10. TITLE. The Seller warrants full, clear and unrestricted title on the Purchaser for all equipment, materials, and hems famished in performance of this agreement, free and clear of any and all liens, restraints, reservations, security bmfest encumbrances and claims of ofers. 11. NONWAIVER. Failure of the Purchaser to insist upon stria performance of the morns and conditions Immo , failure or delay ro exercise any rights or remedies provided herein or by law, failure to promptly minty the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not releme the Seller of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereof or my of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall my Informed oral modification Or rexission of this purchan order by the Purchaser operate res a waiver of any of the terms linear. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognire that in small economic practice, overcharges resulting from antitrust violations art in fact home by the Purchaser. Therebfore, for good muse and as consideration for executing this purchau order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or slate antitrust laws for such ovemhargea misting to the parimlm goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Sella to correct mnconfrrmmg or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafi r indiares its inability or unwillingness to comply, the Parthmer may muse the work to be performed by the raw expeditious means mailable to it, end foe Seller shall pay all costs sumcisted with such work. The Seller shall release the purchaser anal its contactors of my tier from all liability and claims of any arum resulting from fe I arformance of such work. This mlmm shall apply even in the sent of fault of negligence of the patty relented and shall extend to foe directors, officers and employees ofsuch pray. The Sellers contracaal obligations, including summary, shall not be deemd to be reduced, in any way, become, such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is cardinal to use my design, device, material or paresc covers by lever, patent, trademark copyright, the Seller shall indemnify, and rave hmmlas the Pmcharer from my and all claims fan infringement by mason of the uu of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged in pay by raw. ofsuch infringement at any time during the prosecution or after the completion of the work. In can said equipments or any pan thereof or the intended use of the goods, is in such suit held to continuum 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 right to continue using said equipment or parts, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes aonlnfnnging. 15. INSOLVENCY. If the Seller shall become insolvem or hndirup, rocks an assignment for the beam, of creditors, appoint a receiver or trustee for my of the Sellers primmay or bminms, this offer may foM*af be anccled by the pantheon wifout liability. 16. GOVERNING LAW. The definitions oftenns cad or the inmfprnnion ofthe agreement and foe rights of all parties hereunder shall be combined under and governed by the laws ofthe State ofColomdo, USA. The following Addifioal Conditions apply only in taus where foe Seller is ra perforem work hereunder, including foe smite, of Sellers Raorexenative(s), on foe premiss ofoders. 17. SELLERS RESPONSIBILITY. Tha Seller shall miry rn said wok at Sellers own risk.61 foe same is rally completed and accepted, ad shall, in mu of my accident, destruction or injury to foe wok stupor materials before Sellers final completion and s armor ce, complete the wok at Sellers own asperse and a the satisfaction of foe Purchaser. When materials and equipment arc fished by ofers for installation or erection by foe Seller, the Seller shall receive, reload, store and handle same in the site and become rapmsble fercfm as though such materials m ttor equipment were being furnished by foe Seller under But order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of woken compecommoq including caupdionn disease benefits, to its employees employed on or as connection with foe work covered by this purchak order, and/or to their dependents in mcordxnce with foe laws of the state in which the wok is to be done The Seller shall also carry comprehensive emend liability holudin& but nor limitd to, mamttml ad automobile Public liability insurance with bodily injury and dads limits of at Teat S30o," for my one person, $500,000 for any nor accident said property damge limit per accident of S40f000. The Seller shall likewise require his contncmma if my, an provide for such mmpeamtion and insurance. Before my of fe Sellers or his contractors employees shall do any work upon the premises of ofers, the Sella shall famish the Pachmer with a aftifcare that such compassion and insurance have been provided. Such mnificates shall specify foe date when such ompensnrirn end infamous have ban provided. Such certificates shall specify the date when such compaselion and insurance expires. The Seller agrees that such compensation and imurance shall be maintained until after foe .tin, work is completed ad acaptd. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the atim sesponsibiliry all liability fan any and all damage, loss or injury of my kind or attire whmscever no peroom or pmpary mused by or resulting from foe execution ofthe wok provided for in this purchan order Or in cranmlion berewith. The Sella will indemnify and hold harmless Be Purchaser and any r all of the Purchasers officers, nenta and employees from and against any and all claims, lasses, damages, charges or expenses, whether differ or indirect, and whether to persons or property to which the Purchaser may he pm or subject by reason of my sect, union, neglect oodssion or default as the pat of foe Seller, any of his contractors, or my of the Sellers or contractors ofcers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any rat, moan, neglect, omission or default of the Seller of any of his contractors re any of its or their oflicen, agenrs of employees of aforesaid, the Seller hereby agrees to assume foe deface thereof and to defend the same as the Sellers own expense, as pay my and all costs, charges, arromeys fees and other asperses, any and all judgments fan may ha incurred by or obtained against the Purchaser m any of its or their officers, agents or employees is such suits or other proeedings, ad in case judgment or other lim be placed upon or obtained against the property of the Tambora, m said parties in or ex s result ofsuch suits or man proceedings, tM Seller will in once man foe same to be dissolved end discharged by giving bond or otherwise. The Seller sad his contrmlom shall take all safety precautions, fish and install all guard accessary for ilk 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 roles and regulations issued pursunnt thereto. Revised 0941014