HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9150556PO
PURCHASE ORDER 915055er Page
C117/ of PURCHASE
9150556 1012
Flirt Collins
ins This number must appear
!_\V`I ` V a 1 1 on all invoices, packing
sli s and labels.
Date: 01/23/2015
Vendor: 109445
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY #100
FORT COLLINS CO 80528
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/22/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONSTRUCTION SERVICES
FOSSIL CREEK PHASE 2
fitiS�l�l[:
7089 Water Wastewater & Stormwater Utilities Infrastructure Design & Construction Services Contractor
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
397,374.50
Total $397,374.50
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 be Clry of Fart Collins 6 exempt fmm who ard local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is reginered with the Collector of
Failure of the Furehssn to insist upon strict performance of the semss and wtditimss Ferret. failure or delay to
Internal Revenue. Denver, Colma& (Ref. Colorado Revised Sutures 1973. Chapter 39 26.114 (a).
exercise any rights or temWia provided homin or by law, failure to promptly notify the Seller in the event of a
broach, We mcepanre of or payment for goods hereunder or approval mfhe design, shall not coterie the Sella of
Goods Rejected, GOODS REJECTED due to failure to or specifications, either when shipped ar due to defects of
anY of the warranties err obligations of this purchase order and shall not be donned a waiver of any right of the
damage in transit, may h retwned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hero for any offs rights or remedies as to any such goods, regardless
irrwetions friend fie City of For Collins.
of when shipped, received ar accepted, as to any prior or subsequent default hereunder, nor shall any purported
coal modification or rescission of this purchase order by be Pmchaser operate as a waiver of any of the umss
Inspection. GOODS are subject to the City of Too Collins inspection on radical.
hereof.
Final Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Too Collins. However, it is to be understood thatFINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of at l appl iiable required inspection procedures.
violations are in fact home by the Purchaser. Theretofom,for goad cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now lave a, hereafter
Freight Tema. Shipments must be F.O.B., City of Fart Collins, 700 Wood SL, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges reaming m 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 Puahaa, pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where nowermmms have distribming paints in various parts of the country, shipmem is
If he purchaser directs the Seller to camct mownforneing or defective good by a&te to be a greed No by be
expected fmm the neatest distribution Point to destination, and excess freight will be deducted Sam Invoice when
Puchaser sad the Seiler, and be Sella therader indicates its debility bility or unwillingness a comply, the Purchaser
shipments art ma& from grater distanc,
may muse 0m work to Ite informed by the most expeditious means available 10 it, and the Seller shall Pay all
rests invo wted with such work.
Pennin. Seller shall procure at sellers is cast all nereaary permits, certificates and licence required by all
applicable Iowa, agitations, ardinances sad to, of the site, municipality, territory or political subdivision where
the work is perform d. or required by any other duly constituted public maturity havingjurisdiction over be work
of vendor. Seller father agrees to hold the City of Tom Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or oablished violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All pwies to Nis contract agree that the representatives are, in For, bone fide and possess full and
amplele authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to are terms and conditions slated
herein sec forth and any supplementary or additional team and conditions armexal berets or incorporated heroin by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE: PURCHASING AGENT immallately ifyou armor make .,]do shipment an strive on Your
promised delivery &te as noted. Time is of the aseace. Delivery and pefermwhre must be a❑'coed within the time
stated on be pmrchose order aced be documents attached hereto. No acts of are Purchasers including• without
limitalion, arceplantt affected late delivmn, shall operate as a waiver ofthis provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the optiad of placing this order elsewhere
and holding be Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due a causes not resambly foresreable which me beyond its reasonable gimbal and without its fault of negligence,
such rats of Gad, sets ofeivil or military authorities, gavemnuntal priorities, fires, strikes, Road, epidemics, won or
riots provided that notice of the conditions causing such delay is given 10 the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants Nat all goods, aticla, materials and work covered by fix order will conform with applicable
drawings, wecificalims, samples anrVor other descriptions given, will be fit for are paryoses intended, and
perfo,med with the highest degree of rare and competence in accordance with structural standard for work of a
similar wtare. The Sella agrees to hold are purchaser harmlccs from any loss, damage or expense whim the
Purchaser may suffer or incident =a= of 1ha Sellers broach of wamnty. The Sellershall replace, repair in make
goad, without cost a the purchaser, any defects a fact. arising within one (1) year or within such longer period of
time as may be prescribed by law or by the team of any applicable wnrenry provided by be Sella alter the &te of
arced. of the good f ishal hereunder (acceptance not to be hhdueasonably delayed), resulting from impnfttt
or defective work done or materials famished by the Seller. Acceptance or use of goods by are Purchaser shall not
constitute a waiver army claim under this warranty. Except as mhervnse provided in this graduate coder, the Sellers
liability hereunder shall extend to all &masts proximately added by the brench of any of the foregoing warranties
or guernmces, but such liability shot] in no event include lass of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY.
4. Cl ANG ES IN LEGAL TERMS.
The Purchaser may make changes m legal toms by written change added.
5. C14ANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the leads. other than legal to=, including additions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such
change officers the amount due or be time ofpnformarae bereunder, an equitable adjustment shall be mode.
6. TERMINATIONS.
The Purchase may at any time by written change order. dominate this agreement as to any or all portions of the
goad then not shipped, subject many equitable adjustment between are panics as 10 any work or mmmals be. in
progress provided that are Purchaser shall not be liable for any claims for anticipated profits an the uncompleted
portion of the goad manor work, for incidened or consequential damages, and that no such adjustment be mode in
favor of the Sella with resistor to any goad which ere the Sellers standard stock. No such summation thall relieve
be Purchaser or the Seller in, offset, obligationsas aany good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be asutlort within thirty (30) days from are date the change or amriralion Is
ordered.
8. COMPLIANCE WITI4 LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in said,
compliance with all applicable laws and pollution. to which the goods are subject. The Sella shall execute and
deliver such documen¢ as may be required a effect or evidence compliance. All laws and regulalioru required to be
nempodted in agreements of bit diameter are hereby incorporated herein by Nis refrence. The Sella agrees 1m
indemnify and hold the Purchaser hamdeas from all costs aud damages suffered by the purchase, as is mull of the
Sellers failure in comply with such law.
9. ASSIGNMENT.
Neither party shall assign, an defer, or convey this order, or any mania due or a become due hounder without the
poor watt'. conseal of the oho puny.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement free and clear of any end all Item, ranidio n. reservatiam, security arms,
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any, ature
faulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend m the
dinamrs, ofca, and employees of such any.
The Sellers contractual obligations, including warranty, shall not be domed to be reduced, in any way, because
such work is performed or caused to he performed by be Purchaser.
14. PATENTS.
Whenever the Sella is required a use any design, device, material or process covered by letter, patent trademark
Or copyright, the Seller shall indemnify and save broadest are Functions from any and all claims for infringement
by reason of be tau of such patented design, device, mmerial or process in connection with the random, and
shall indemnify to purchaser for any cost. expense or damage which it may No obliged ro pay by reason or such
arrangement at any time during the production or after be completion of the work. In cause said appointed, or
any pan thereof or the intended one of are good, is in such suit held to vere imu infringement and the tau of
said quipment or part is enjoined, the Sella shall, at its awn expense and a1 its option, eiarer procure for are
Purchaser are right as continue using said equipment or parts regime the same with substantially equal but
noninfnging equipment, or modify it so it becomes noninfnging.
15. INSOLVENCY.
If the Sella shall became insolvent or bankrupt make an assignment for the Incept of residues, appoint a
receiver or trastee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation crew agreement anal the rights of all parties hereunder shall be
combined under and governed by the laws of are State ofColomdo, USA.
The following Additional Conditions apply only or ass where are Sella is to perform work hereunder,
including the services afSoilers Replesenaticefid, on be premises crudites.
17. SELLERS RESPONSIBILITY.
The Sell, shall carry, on said week at Sellers own ask —61 the rime is fully remplded and acaptd, and shall,
in rise of any accident destruction or injury to the work other mmcrials before Seller final completion and
acceptance, complete be work at Sellers awn expense and to the sutisfntion of the Purchaser. When ram .t
and equipment are fished by others for installation or erection by be Seller, the Seller well receive, unload
store and handle same at the site end manse responsible therefor as though such materials NO, quipmme
were being famished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
discuss benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to fair dependents in accordance with the laws of flue slate in which the .,it is 10 be done. The Sella
shall also arty comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least Swh000 for any one person, S500,000 for any
one accident and printery, damage limit per accident of Salto,". The Seller stall likewise require his
camrommas Hany, to provide for such compensation end on., Before any of the Sellers or his wntdctors
employees wall do any work upon the prmisa of others, the Seller shall famish the Purchaser with a ceuifdcme
that such announcement and insudeme have been provided. Such certificates shall specify the &te when such
compensation and insurance have been provi&d Such certifiates shall specify fie&te when such compensation
and insurance expires. The Seller agora that such wmpcnadon and mandate shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby incomes the entire responsibility and liability for any and all&range. loss or injury of any kind
or nature whmuever to persons or property caused by or resulting from are execution ofthe work provided for in
this purchase order or in connection herewith. The Steer will indemnify and hold harmless the Purchaser and any
or 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 whether to persons or property N which the Purchaser may
be put or subject by reaw0 of any act, action, neglect, omission or &fault on the part of the Sella, any of his
onmand, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the pardoner, or its officers, agents or employees at any time on scandal or
by reason of any act, action, neglect, omission or default of be Seller of any of his comdetors or any of its or
their officers, agents or employms as aforesaid, the Seller hereby agrees to assume are defense thelwf and to
defend be sand, i1 the Sellers own expense, to coy my and all costs, charges, atmmeys fees and other expenses,
any and all jud&nrnts that nay be incurred by or obtained against the Purchaser or any of its ar their officers,
agents or employees in such was or other proceedings, add in case judgment or other lien be placed upon or
Obtained against are property of fie Puchad, or said parties in ar as it result of such suits a of proceedings,
be Sella will at more cause the rime to be dissolved and diuMrged by giving bond or oNerwiu. The Seller and
his contactors shall sake all safety precautions, Finnish and recall all guard neressary for the prevention of
accidents, comply with all laws and regulations with regard to afery, including, but without limitation, the
Oreapafimal Safety and Health Act of laid and all rules add regulations issued pursuant Nerdo.
Revised 0712014