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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9143325Fort Collins PURCHASE ORDER PO Number Page 9143325 1of2 This number must appear 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 UOM Unit Price Extended Ordered Price Riverbend Trail 1 LOT LS 33,276.00 per work order dated 6-2-14 Riverbend Ponds trail southeast side 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.00m 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. COMMERCIALDETAILS. Tax exemptions. By stamen the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-E 503. Federal Excise Tax Exemption Cenificme of Registry 84-6000582 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to late..] Revenue, Ilenver. Colorado (Ref. Colorado Revised Macau, 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly nmif r the Seller in the event of a breach, the acceptance of or payment far goods hereunder or approval rifNe design, shall nor release the Seller of Guests Retorted, GOODS REJECTED due to failure as meet specifications, either when shipped or due to defects of any of the amounts is or obligations of this purchase order and shall net be deemed a waiver of any right of the damage in trash may be rcmmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance toreador any of its rights or remedies as to any such good, regardless immctiom from the City of Pon Collins. of when shipped, received or accepted, as 1. any prior or subsequent default hereunder, uor shall any purported oral Modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tetras Inspection. GOODS are subject to the City of Fort Collins impenitent on artival. hereof. Final Accepeme. Receipt of the merchandise, senhes or equipment in response I0 his ordm can result in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL Seller and tbe Purchaser ncopocc that in acual exculawaric practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection OroccAucs. violations arc in fact boars, by the PuteRsser. Therea fare, for goad canto and its consideration for executing this ' purchase order, the Seller hereby amigas ro the Purchaser any it all claims it may now have or hereafe, Freight Terms. Shipments must be F.O.D., City of Fan Collins, AM Wood St, Fort Collins, CO 80522, it. acquired under federal at auto aluminum laws for such overcharges relating ro the particular good m lonices otherwise specified on this older. Rumination is given to prepay freight and charge separately, the original freight purchased at acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges run packing will or be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution point to datication, and excess freight will be deducted from Invoice when shmmens me made from greater distance. Permits. Seller shall procure at sellers sale cuss all necessary permits, cenificates and Incomes required by all applicable laws, regulations, ordinances and toles of the sate, municipality, armory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fun Collins between from and against all liability and loss tuned by them by reason of an asserted or established violation of any such laws, regulations, ordinances, to, and roquirwarms. Authorization. All parties m this contract agree that the representatives are, in for, bona fide and possess full and ri n,lae authority to bind said ponies. LIMITATION OI' PERMS. This Purchase Order expressly limits acepance to the tenors and conditions mated union set forth and any supplementary or lddilional terms and conditions annexed hereto or incorporated herein by reference. Any additional err efferent tems and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No tots of the Purchasers including, without limiratioa, acceptance of partial late deliveries, shall operate as a waiver of Nis provalon. In the event of any delay, the Purchaser 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 flu darst as a result of delays due to causes not normaably foreseeable which are beyond its reamttable control and without its fault of negligence, such acts of God, tots ofciA[ or military authorities, govermmucal pfcandes, fires, strikes, flood, epidemics, wan or nos provided that malice of the conditions causing such delay is given to the Purchaser within fare (5) days of the time when file Seller first received knowledge thereecf. In the event of any such delay, the date of delivery shall be exteMed for the penal equal to the time acnally but by rea,n of the delay. 3. WARRANTY. The Seller wanes that all good, articles, materials and work covered by Nis order will conform wall applicable dmwivga, sp nificatioes, samples andlor other descriptions given, will be fit for the pmPesa intendre, and Performed with the highest degtrc of cure and mmlterence, in accordance wiN accepted sendmd for work of a similar nature. The Seller agrees to hold the punhuer harmless from any loss, damage or expertise which the Pumb may sufRr or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, wOhout cast to the purchase, any defccs or (ants arising within one (1) year or within such longer period of time as may be prescribed by law or by the tams of any applicable wvmnty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not to be time mbly delayed), resulting from imperfect or defective work don, or materials famished by the Seller. Acceptance or ens of goads by the P oclamer shall not consulate a waiver of any claim under this warranty. Except as otherwise provided in this pushes, order, the Sellers liability hereunder shall extend to all damages proximately caused by ?be breath of any of the foregoing warranties or uarrows, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by wrim. 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 from the 9routines originally ordered in tile speciticninm or d awinys, by verbal or wrinen change antler. If any such change affects the amount due or the time of per lamence hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser miry nl any time by w'Onan change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion offing goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be manned within thirty (30) days from the done the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wunants that all good sold hereunder shall have been produced, sold, delivered and fumishcd in suit compliance with .11 applicable laws and regulation to which Ns, goods are subject- The Seller shall ...cure and deliver such documents as maybe required to effect err evidence compliance. All laws and regulations required an be incorporated in agreements of this character are hereby inaugurated herein by this referenre. The Seller agrees to indemnify and hold the Purchases harmless from all enter and damages suffered by the, Purcho er as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vansfer, or convey this older, or any monies due or in become due hereunder without the prior wrinen comertt of the other party. 10. TITLE. The Seller warmers full, clear and uncesoicted title or the Purchaser for all equipment, mmmals, aM items famished in performance of this agreement fire and clear of any and all liens, restrictions, reservations, security, interest ,ncumb.. and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defative, goods by a date to be agreed upon by the porchaer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may ca. the week to be perforated by the mast expeditious means available 1. it, and the Seller shall pay all casts associated with such work. The Seller shall release the Pumhover and its contractors of any tier from all liability and claims of any nature exulting from the performance oFa.,h work. This release shall apply even in the event of fault of negligence of the parry released and shall extend ma the directors, officers and employees of such party. The Seller's mntrumnal obligations, including warranty, shall eat be deemed to be reduced, in any way, because such work is performed Or caused to be performed by the Purchaser. 14. PAT EST Whourver the Sol let is required to use any design, device, material or process covered by Ever, patent, trademark or copyright, the Seller shall indemnify and save torn less the Purchaser from any and all claims for inMngement by reason of the use of such patented design, device, material or prarss in connection with the contract, and shall indemnify the Purchaser for any cost, expert. or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan thereef or the intended use of the goods, is in such suit held to conmimre 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 Purchases the night to continue in, said egmMem or pans, replace be same with substantially equal bur noninfringing equipment, or modify it so it becomes noninf w,mg. 15. INSOLVENCY. If the Seller shall become insolvent err bankrupt make an anniggen,m for the benefit of creditors, appoint is canner or Muslim for any of the Sellers property or business, this order may forthwithbe canceled by Ore Pmclueser without liability. 16, GOVERNING LAW. The definitions of teens used or the interpretation of the agreement and the rights ofall parties hereuMer shall be contained under and gmanni d by the taus ofdre Sere oFC.Mrsida. USA. The fallowing Additional Conditions apply only in cases where the Seller is Is, perform work hereunder, including the services of Sellers Reprr.nturec(s), on the premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on mid work in Sellers own risk until the more 6 fully completed and accepted, and shall, in se of any accident, destruction or injury to the work source mmaials before Sellers festal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Putchow. %%on materials and equipment arc Statistical by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials mWor equipment were being Rumored by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase older, and/or to their dependents in accordance with the 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 wall bobly injury and death limier Of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Super shall likewise require his it any, to provide far such compensation and imanative. Before any of the Sellers or his contractors employees shall do any work an the premises Of others, the Seller shall famish the Purchaser, with a cenilicme Char such c n,couion and immune. have been provided. Such cenificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compemation and insurance shall be maintained unlit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or i jury of any kind or nature whosoever to renown or property caused by or resulting from Me execution ofthe work provided far in Nis purchase order or in connection herewith. The Seller will indemnify and hold boundless less the Purchaser and any or all of file Pumh m oRcers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to person or economy to which the Purchaser may be put or subject by comon of any act action, neglect, omission or default on Ne pact of file Seller, any of his contractors, or any of the Sellers or cuntmcmn officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is officers, agedes or employees at any time an account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors at any of is or their officers, agents or employees as aforeasid, the Seller bereby, agrees to assume me defense Hereof and to d,fctd the come at the Sellers owe expense, to any any and all toss. charges, atmmeys fees and other expenses, any and all judgmmer Oat may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such suits or other proceedings, and in case jad,wom or other lien be placed at or obtained against the pmlxmy of the Purchaser, Or mid parries in or as a read? of such auto or other proceedings, Ne Seller will at omc eels, thc stone 1. be described and discharged by giving bind or Munwise. The Seller old his contractors shall lake all safety, precautions, famish and install all guards mewmary, for the Formation of azcidens, comply with all laws and regulations with regard to sofety including, but without ho ilmion, the Occupational Safety and HnIN Act of 1920 and all rules and regulations issued pursuant Hereto. Revised 03R010