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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9145025Fort Collins Date: 09/02/2014 PURCHASE ORDER Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS CO 80528 PO Number Page 9145025 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 09/02/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Trail Grading & Surfacing 1 LOT LS PER WORK ORDER DATED 7-15-14 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 27,712.00 712.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIALDETAHS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local urxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sautes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failare, to area specifications, cola when shipped M due to defect of damage in Immix, may be rttumN to you fur credit and me not to be replaced except upon receipt of women instr uctious from the City of Fon Collins. Inspection. GOODS am subjecuo the City of port Collins inspection on Larval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the Cary of Fan Collins. Hoxuve, R is to be umkrstod that FINAL ACCEPTANCEis dependent upon completion ofall applicable required irsptttion procedures. Freight Teats. Shipments must be EO.B., City of Fun Collins, 700 Wood SI., Fan Collins, CO 80522. unless ofanas , specified on Nis order. If pmanowmn is given no prepay freight and charge separately, the migial freigf bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distinct. Whom manufacturers have distributing points in various parts of the country, shipment is accreted from the neamsl diunlbution point m deslinarom, and excess freight will be deducted from Invoice nhen shipments are made from greater distance. Pemtita Seller shall procure at sellers sole coil all necesvry Pamirs, cenlficates aW licenses required by all applicable laws, regulations, ordinances and ales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly camtitural public authority having jurisdiction over the work of vendor. Seller further agrees to hold fe City of Pon Collins harmless rut and against all liability and loss ncurtd by them by reason of an asserted or established violation of my such laws, regulations. crdiwmcs, mles and requirements. Authorization. All ponies ra this contract agree that the representatives are, in IBa, bona ride and possess hill and complete aother* to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to drc it. and conditions smlN herein set forth and any supplementary or additional mmas and conditions aanexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdisely if you cannot make complete shipment to arrive on your promised delivery dam. noted. Time is of the essence. Delivery and performance much be eRecred within the time sated on The purchase order and the dmuments attached hereto. No acts of the Purchasers including, without limitation, acceptance Trine ial late deliveries, shall operate as a waiver ofthis provision. In the ream ofany delay, the Purchaser shall lima, in addition m other legal and equimble Tanabes, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes at actionably foreseeable which art beyond its reap able control and without its fair, of negligence, such acts of God, aces ofcivil in military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or fiats provided Thu notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller rim received knowledge thereof In the event of any such delay, the date of delivery shall be exmndal for the period and to the time ac Wally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, romerials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfmhN with the highest degree of cam and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the pumhaer harmless from any loss, damage or expense which fe Purchaser may suR inc ur cur an ..at of the Sellers breach of wamanryep . The Seller shall replay, rair or make good, without cast o the purchaser, any deform or faults arising wild. one (1) yaT or within such longer parfd of time as May be prescribed by law at by The terms of any applicable warranty provided by the Sella after the date of acceptance of the goads famished hereunder (acoept.ce not to be unreasonably delayed). resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under This warranty. Except m otherwise provided in This purchase order, the Sellers liability hereunder shall extend to all damages p exhourly caused by fe Me.h of my of be foregoing xnmmNes or gusram.s, but such liability shall in no event include loss of profs or lass 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 wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teens, ether fort legal terms, including additions m or ddetiom from the quantities originally ordered in the specifications or drawings, by verbal or wnnen change order. If any such change affects the amount due or the time ofpaforromtay heremder, an equitable adjustment shall W made. 6. TERMINATIONS. The Purchaser may at any time by comer change order, norm mte this agreement as I. any or all panima of the goods then nor shipped, subject m any equitable adjustment between the parties as to any work or materials then in pregncss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good mrNor work, for incidental or cons moral damages, and That no such adjuamerrt be made in favor of The Seller with respect to any goad which are The Sellers saM.ard stack. No such Lamination shall reline the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mint be asseoed within Thin (30) days from the dam the change or termination is ordered. 8. COMPLIANCE tall 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 am subject The Seller shall execute and deliver such documents as may be required to effect or evidence, compliance. All laws mud regulations required to W ncoryorded in agreements of this chaaam arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold The Purchaser harmless from all costs and damages sulTetal by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, noasfer, or convey this aner, or any ninnies due or to became due hereunder without the prior written consent of the ofen parry. 10. TITLE. The Seller woman. Fall, clear and mumati aed Lille to le Purchaser for all equipment, marMals, and items fuinished in performance of This agreement, f card clear of any and all liens, reomaime, resew 1max, uanry interest encumbrances and claims ofothers. 11. NONWAVVER. Failure of the Purchaser to insist upon strict performance, of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a Reach, the acceptance of or payment for goods hereunder or approval of the design, shall not release fc Sella of any of the wanantia or obligations of This purchase order and shall not be deemed a waiver of my right of the purchaser be insist upon strict pert anoe hereofm any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default haran der, we shall any puryoned and modification or rescission of this purchase order by the Purchaser climate as a waiver of my of the terms hereof. 12. ASSIGNN ENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Nat in actual . is practice, overcharges ranking from aust violations are in fact home by the Poorhouse, Theretafre�forgood cause and as consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or stare antitrust laws for such overcharges relating m the particular goods an services purchased or acquired "a Forerunner pursuant to This purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I1the Purchaser directs the Seller rat coned nonamfrming or defective goods by a date to be agreed upan by the Purchaser and the Sella, and Ilse Seller flo renlla indicants its inability or unwillingness to comply, the Purchaser may cause the work to b, perfnnN by the most expdiriom means available to it, mhd the Seller shall pay all costs asmwimed with such work. The Seller shall release the Puch.er and its contractors of any her from all liability and claims of any nature marina, from tlm performance of such work. This release shall apply even in the event of fault of negligence of the puny released and shall exend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is requital to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save homeless the Purchaser from any and all claims for infringement by reason of the use of such patented desigr, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason or such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any parr Thereof or the intended use of The good, is in such suit held to condinam infringrnrcnt and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the Tight to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of creditors, appoint a or trustee far any of the Sellers pmpeny an business, this order may farmovuh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms mrd or the mon,premtion of the agreement not the rights of all probes Remainder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in acres where The Seller is to perform work hereunder, including the services M'Sellers Repremnarivde), an The premises Traders. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work rancor mamnahs before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of The Pmchaer. When maenads and equipment art finished by others f installations 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 ardor equipment _were being famished by the Sella under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compaswtion, including occupational disease benefits, to its employees employed on or in excitation 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 is to be done. The Seller shall also carry comprehensive Berard liability including, bur not limited I., contractual and automobile public linbiliry insurance with bodily injury and death firms of or least S300.000 far, any one prnon, S5MlIW Ibr any occident and property damage limit per accident of S400,000. The Seller shall likewise ".ire his card -roses, if any, m pnavide for such compensation star maimace. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have been provided, Such certificates shall specify the dale when inch compensation and insurance carioca. The Seller agrees that such camperssmian and insurance shall be maintained until aAer the entire work is completed and accepttd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Shcm hereby assumes the entire nesponsibil ity and linbiliry for any end all damage, In,,, or injury of any kind or nature whatsoever to perspm or property caused by or resulting from the execution of the work provided for in This pmchme order or in connection herewith. The Seller will irMemwfy and hold barmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damage, casems harges or expenses, wM1Mer dinner m indirect, mW whether to pram ns or limper to which the Franchiser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ,.atmyto.. or any of the Sellers or comments ooic r" agents or employees. In case any it o other pmreedings shall be bought against the purchaser, or its officers, agents or employees at any time on account or by reason of any oat rame. neglttt, omission or default of the Seller of any of his roominess or any of its or their officers, agents m employees as aforemid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charge, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Their officers, agents or employees in such suits or other pmeedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Pumhaser, or said parties in or as a mail ofemb suits or other proceedings, the Seller will at once cause The same to be dkaaved and di.hargN by giving bob or oThcmise. The Seller sort his contractors shall take all safety precautions, famish and install all guard necesmry for the prevention of accidents, comply with all laws and regalatiom with regard to safety including, bet withoul limitation, the Occupational Safety and Health Actor L970 and all nrles and regulationsissued pursuant thereto. Revised 072014