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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9140419 (2)PO PURCHASE ORDER 914041er Page CI'�f of PURCHASE 9140419 1.f2 �} CollinsChis number must appear ` " 1 1�7 on all invoices, packing sli s and labels. Date: 07/11/2014 Vendor: 109445 Ship To: STREETS DEPARTMENT CONNELL RESOURCES INC CITY OF FORT COLLINS 7785 HIGHLAND MEADOWS PKWY #100 625 NINTH STREET FORT COLLINS CO 80528 FORT COLLINS CO 80524 Delivery Date: 01/15/2014 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 5 Asphalt 1 LOT EA 300,000.00 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 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is I i. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cetifirm, 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 Imerval Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment far goof hereunder or approval ofthe design, shall and release the Seller of Goods Reformat, GOODS REJECTED due to failure to meet specifiatiom, either when shipped or due to defers, of any of the warranties or obligations of this parehase order and shall trot u deem[ a waiver of my right of the damage in mnsit, may Ise remained to you for credit and are not to be replaced except upon receipt of waramm Purchaser to insist upon sMet performance hereof., any of its rights or remMies as to my such goods, regardless instructions fmm the City of Fort Collins, of when shipped, received or accepted, as to my prior or subsequent default haeanda, nor shall my purported anal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City arrant Collins inspection on mavaL hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment au the pm of the City of I. Collins. However, it is to be uMemood that FINAL Sella and the Purchaser meal shot in mmm economic practice, o efehage resulting fmm marmot ACCEPTANCE is dependenr upon completim of all applicable required inspection procedures. violations are in fact home by the Purchaser. Thererofooe fogood cause and as consideration for executing this putchau order, the Sella hereby aaigas to the purchaser my and all claims it may rams have or heceufter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr., Fan Callims, CO 80522, unless acquired under federal or scam ..Smut lax, for such ovacbarges relating to the pmicalar goads or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the anginal freight purchased or acquired by the Pumhaer pursuant an this Purchase order. bill most accumnane invoice. Additional charges for makina will not be accented. Shipment Distance. Where manufacturers have distributing points in vommus parts of the country, shipment is expected Bonnthe nearest distribution Rolm to destination, and excess freight will be deduct[ from Invoice when shipments are it, from greater distance. Permits. Seller shall procure at sellers sole cost all necessary, permits, c urifam and licenses required by all applicable laws, noIatiors, ordinances and tales of the state, municipality, territory or Political subdivision where the work is perform[, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Fort Collins harmless from and against all holiday and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authmimtion. All parties M this contract agree that the orrom ortives are, in fact. boa fide and possess full and complete autlonty to bird said patio. LIMITATION OF TERMS, This Purchase Order, expressly limits acceptance la the team and conditions sort[ herein in Each and any supplementary or additional terms and conditions annexed hereto or incorporated Morin by reference. Any additional or different teats and condoimrs proposed by seller are objected to and hereby cejezmd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete ahipmem to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sat[ on the purchase order aM the documents much[ hereto. No acts of the Purchssess including, without Initiation, acceptance appraisal late deliveries, shall operate as a waiver ofrhis provision. In the event army 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 damage. However, the Seller shall not be liable for damage us a result of delays due la causes not reasonably foreseeable which are beyond its reasonable control and wifl aut its fault of negligence, such tons of GOJ, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or hots provided that notice of the conditions causing such delay as given to the Pa elov er within five (5) days of the time when the Seller fro received knowledge Hereof In the event of my such delay, the dam of delivery shall u extended for the period equal to the time inmally lost by reason offs, delay. 3. WARRANTY. The Seller warrants that all goods, article, materials and work rover[ by this order will conform with applicable drawings, specifications, sample andor other descriptions given, will be fit for the purposes intended, and perfomed with the highest degree of care and competence in accordance with accepted standards for work of a similar .,are The Seller agree to hold the puebatr harmless from my Ims, damage or expense which the Purchaser may suffer or nearest account ardor Sellers breach of evemary. The Seller shall replace, repair or Make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he presented by law m by the on. of any applicable wamnV provided by the Seller after the dare of acceptance of the goods famish[ hereunder (acceptance rant no be muasombly delayed), resumng fmm imperfect or defective work done or materials permitted by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this warranty. Except as otherwise provided to this purchase ardrr, the Sellers liability hereunder shall extend to all damages pmximmely caused by the breach of any of the foregoing warntnies or gmranacia, but such liability shall in no event include loss of profits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, one, than legal terms, including additions f or deletions from the quantities originally Ontario in the specifications or dmwings, by verbal in, written change order. If any such change affects the amount due or the time ofpe rfomunce hereunder, an equitable mijustmem shall u node. 6. TERMINATIONS. The Purchaser may in any time by written change order, remimam this agreement as to any or all panimes of the goods than not shipped, subject o any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall or be liable for any claims for anticipated profits on the uncompleted potion of the goads and/or work, for incidental or comequemial dome,., and that no such adjustment u made in favor of the Seller with respect b any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirry, (30) days from the date the change or sermiation 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 good me subjet. The Seller shall execute and deliver such documents as may be, required to effen or evidence compliance. All laws and regulations remains! in u Mammonist in agreements of this character are hereby ina oryomt[ herein by this refen can. The Seller agree to indemnify and hold the puchaer hvmless fmm all cars, and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transient, or convey this order, or any monies due or to became due hereunder without the poor wench consent of the other party. 10. TITLE. The Seller wamnts full, clau and umesthcred title to to Purchaser for all equipment, materials, and items fuadshed in performance of this agreement free and clear of my and all tiers, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed men by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhnsa may cause the work to be perform[ by the most expeditious means available to it, and the Seller shall pay all costs sswcimed with such work. The Seller shall release rite Purchaser and its contractors of any her fmm all liability and claims of my art an, resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party relented and shall extend to the directors, M,cm and employees of such party. Tu Seller's contactual obligations, including xnrmnty, shall not u deem[ to be reduced, in any way, because such work u perform[ or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to am my design, device, material or process covered by letter, patent, trademark copyright, dne Seller shall indemnify and save harnl. the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosttution or after the completion of the work. In case said equipment, or any put former or But intended use of the goods, is in such suit held to constitute infringement and the use of said equipment nr pas is enjoin[, the Sella shall, at its own expense and to its carman either procure fro the P.Buter the right o continue using said equipment or pats, replace the same with submanlially and but noninfringing equipment, or modify it so it become noninfringm,. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith te canceled by rise Purchaser without Middy. 16. GOVERNING LAW. The definitions of temss used or the interpretation of the agreement and the rights of all parties hereunder shall u construe) under and governed by the laws ofthe State of Calomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereander, including the services al'Sellers Reprtrenmtivr(s), on the premises ofadams. 17, SELLERS RESPONSIBILITY. The Seller shall More on said work at Sellers own risk until the more is fully completed and incept[, and shall, in se of any incident, destruction or injury to the work and/or materials before Sellers final completion and mceptance, complete the work at Selids own expense and to the arisfactum of the Purchaser. When materials and equipment are f mish[ by others for installation or erection by the Seller, the Seller shall receive, unload, start end handle same an the site and became aspamible therefor as though such materials sub., equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expertise, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connecrion with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work 0 to be dune. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imurtnce with bodily injury and death limits of at least S300A00 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his ontmctoa, if any, to provide for such compensation and ins e. Before any of the Sellers or his ntr coacrs to employees shall do my work upon the premises of orders, the Seller shall famish the Ptuchaser with a certificate that such compensation and insurmme have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cetifcau s shall specify the date whom such compenMrion and insurance expires. The Seller agrees thin such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby assumes ow entice rtsponsibiliry ..it liability far any and all damage, lass or injury of any kind r ream whatsoever to persons or preperry caused by or resulting firm the execution tribe work provided forty this purchase order or in connection herewith. The Seller will indemnify cast hold harmless she Purchaser and my r all of the Purchasers officers, agents and employees form and against any and It claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or Felicity ro which Bar Purchaser may be put or subject by reason of any act, action, neglct, omission or default on the pat of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. 1n case any sun or other proceedings shall be brought against the Purchases, or its officers, agents or employers at any time on account or by reason of my act. action, neglect, omission or default of the Sella of any of his contractors or my of its or their officer, agents or emplay. as aforesaid, Be, Seller hereby agrees ad assume the defense dumber it to defend the same an rise Seneca own expense, m pay my and all costs, charges, attorneys fees and other expenses, any amid all judgments that may the, incurred by or obtained against the Purchaser or my of its or their officers, agents at employees in such suits or other proceedings, and in case judgment or other lien u placed upon or obtained against he property of the Purchaser, or said parties in or as a result of inch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fie Occupmional Safety mJ Health Ace of 1920 and all tales and regulatiau issued pursuant therein. Revised 03/2010