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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9143324PURCHASE ORDER PO Number Page City Of^OI I I 9143324 1 or z ' `} Collins Ms This number must appear " 1 1 on all invoices, packing sli s and labels. Date: 06/12/2014 Vendor: 109445 Ship To: NATURAL AREAS CONNELL RESOURCES INC CITY OF FORT COLLINS 7785 HIGHLAND MEADOWS PKWY #100 1745 Hoffman Mill Road FORT COLLINS CO 80528 FORT COLLINS CO 80522 Delivery Date: 06/12/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Running Deer Trail Connection 1 LOT LS 38,458.00 per work order dated 6-2-14 Running Deer Trail Connection 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the Ciry of Fan Collin is exempt firm state and local taxes. Our Exemption Number is 11. NONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-64)00587 is registered with the Collector of Failure ofthe Purchaser wins" upon strict performance ofthe terms and conditions hereof, failure or delay to Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a breach, the acceptance of m payment for goads hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of any of the warranties or obligations of Us purchase order and shall not be deemed a waiver crony eight of the damage in transit, may be retweed to you for craft and am rent to be replaced except upon receipt of wet an purchaser as insist upon s.cf performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City ofFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, am shall any purported oral modification or rescission of his purchase order by the Pumlasser operate as a waiver of my of the mars inspection. GOODS are subject to the City of Too Collins inspection on wriest. hereof. Final Acceptance. Receipt of the merchandise, services; or equipment in rapowe ro this .,it,, can result as 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of she City of ran Collins. However, it is ro Is, undemoocl that FINAL Seller and the Pumhaur recogn¢e that in actual monomic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of o11 applicable acquired inspection procedure. violations are as fact home by the Purchaser. Thercerf rm. for good cause and as coosideraaim for executing this purchase order, the Seller hereby aceign to the Purchaser any and all claims if may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fiat Collins, 900 Waod St, Tom Collin, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services cferwim specified on Otis order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Pursuant to this purchase order. bill must accompany invoice. Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whore marefaconers have distributing points in various pans of the country, shipment is If the Purchaser counts she Seller to correct nonconforming or defective good by a date to he agreed upon by the expected from the nearest distribution Paint to destruction, and excess fmil will be deducted form Invoice when purchaser and fe Selleq and she Seller thereafter indicates its inability or unwillingness to comply, she Purchaser shipments art it. firm greater distance. may cause the work as be, performed by the most expeditions mean available to it, and Ne Seller shall Pay all coon, associated with such work. Perri¢. Seller shall procure at sellers sole [ail oll necessary pmnits, certificates and licenses "weed by all applicable laws, regulation, coloratura and toles of the state, municipality temtory or political subdivision where the work is Performed, or required by any other duly contim¢d public authority laving jurisdiction aver the work of eendor. Seller further agrees to hold the City of Pon Collins harmless firm and ogrown all liability and loss incuncd by them by rmmn oran acsened or established violation of any such laws, regulations, ordinances, rates and rernmor os. Authomadion. All parties to this contract agree fat the representatives are, in fact, bona fide and possess full and complete authoriy to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sus forth and any supplementary or additional owns and conditions annexed hereto or incorppmted herein by reference. Any additional or different terms and conditions proposed by taller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyor cannot make complete shipment to arrive on your promised delivery date as noted, lime is ofthe mane. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No was of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate n a waiver of this provision. In the event of any delay, the Purchaser shall have, in 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 far damages as a result of delays due to canes not easonably foreseeable which are beyond its rea amble control and without its fault of negligence, such acts of God, acts afdWl or military authorities, gmemmental primnies, fires, stakes, flood, epidemics, wars or riots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller fill 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 last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and ..,it covered by this order will confam with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes immndud, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrcu to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without con, to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may b<prescribed by law or by the terms of any applicable warranty provided by the Seller otter the dam of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), meeting firm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall our ronstimm a waiver of any claim under this ourromy. Except as otherwise provided in this purchase oMe,, the Sellers liability hereunder shall extend to all damages proximately caned by the breach of any of fie foregoing warantma or guarantees, but such liability shall in no evens include toss of prefix or loss of um. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by weiam change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the from. other than legal terms, including addition to or deletions, from me quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time ofperfOmance heRunder, an equitable adjusment shall be made. &TERMINATIONS. The Purchaser may at any time by written change raider, terminate this agreement m le any or all portions of the good then rant shipped, subject o any equitable adjustment between the panias as to any work or .,crisis then in progress provided mat the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted portion ofthe good amber work, for incidental or consequential damages. end that no such Witeument be made in favor of the Seller wish resent to any goods which art the Sellers standard stock. No such termination shall relieve fie Purchaser or the Seller ofan, ofNeir obligations as to any goads delivered hemundea. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asscned within fiat (30) days firm use data the change or manorialism is ordered 8. COMPLIANCE WITH LAW, The Seller warrants Nat all goods sold hermrder shall have been produced, said, delivered and furnished in server compliance coif all applicable laws and regulation to which Be goads arc subject. The Seller shall execum and deliver such documents as may be requited to effect or avidmee compliance. All laws and regulation required to be ncoryorated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser harmless now all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither µany shall assign, transfer, or cmnvry, this order, or any monies due or to become due hereunder without the prior written commit ofthe other parry. 10. TITLE. The Seller warrants hill, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of nay and all lien, restriction, reservations, security interest mcurclummes and claims of others The Seller shall release use Purchner and its contractors of troy tier firm all liability and claims of my more resulting from the performance of inch work. This relearn shall apply rein in fie arm, of fault of negligence of the pan, released and shall axtmd tat she directors, officers and employees of such parry. The Sellals contmtual obligations, including warranty, shall not be claimed or be reduced, in any way, tom use such work is performed or caused to nd performed by the Purchaser. 14. PATENTS. Whenevm fe Seller u r yuired to use any design, device, material or process coverts by letter, paum, tmdemmk or copydghr, But Seller shall indemnify and save harmless the Purchaser atom any and all claims for infringement by reason of the care of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expcnu or damage which o may be obliged to pay by reason of such infringement of any time during the pmsecutlon or after the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to c min irate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure fir the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or nan nue for y of the Sellers property or business, this order may forthwith he canceled by the Porcbner iflown liabiliry. 16, GOVERNING LAW. The definitters of temp used tar the interpretation of the agreement and the rights ofall parties hereunder shall be cunshued under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in rust where the Seller is to entramn work hereunder, including the services of Sellers Represenative(s), on the premises crudites. 10. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials berate Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for intallation or erection by the Seller, the Seller shall receive, coined. store and handle same at the site and become responsible therefor as though such materials amVor equipment were being frmishad by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, or its employees employed on or in connection with the work covered by this purchuc order, anbor in their dependents in accordance with fie laws of the state in which 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 dean limits of et least 900,000 for any one person. 5500.00(i for any now accident and property, damage limit per accident of 5400,000. The Seiler shall likewise require his common, Worry, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shin do any work upon the premisn Droners. the Server shall famish use Purchaser wit a certificate dot such compensation and insurance have been presided. Such cerificaaes shall specify use date on- such compensation and insurance have been provided. Such cenifcatcs shall species use dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be tro inaimal until after the more work is completed and tempred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby essumn the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whalwever to persons or property caused by or resulting fmm the execution of fie work provided for in this purchase order or in correction herewith. To, Seiler will indemnify and hold harmless the Pmchuser and any or all of use Purchasers officers, agents and employees from and against any and all claims, losses, damages, changes m expenses, whether direct or indirect, and whether w reform or property, to which the Purchaser may IN put or subject by reason of any act, action, neglect, omission or default on the pan cribs Seller, any of has contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bought against the Purchaser, or its officers, agents or employees at any time on account or by reams of any act action, implies, omission or default of the Sella of any of his contractors or my of its or theta oRceq agents or employees as aforesaid, the Seller hereby agrees to assume the defense do.f and as defend use same at the Sellers own expense, to pay any and all costa, charges. moneys fees and order expenses, any and all judgments Oar may be incurred by or obtained against the Pwchaser or any of its or their Dicers, agents or employees in such suits or other proceedings, and in cuss judgment or other lien be placed upon or obtained again, the property of the Purchaser, or said ponies in or as o result i f such sous or w1m, promedngx, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and inall all guard necessary for the prevention of accidents, comply with all laws and mraftafiens with regard to safety including, but without limimion, fine Occupational Safety and Health An of 1970 and all rates and regulation issued pursuant thereat. Revised 030010