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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - PURCHASE ORDER - 9150715PO PURCHASE ORDER 9150715 Page City of PURCHASE 50715 1 of 2 t Collins( This number must appear v " on all invoices, packing sli s and labels. Date: 01/30/2015 Vendor: 109445 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS CO 80528 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 01/30/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price r ABend Concrete Drive Replace old culvert, per work order dated 1-20-15 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, Fart Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 1 LOT LS 18,418.00 Total $18,418.00 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 the City of Too Collins is exempt from state and local taxes Our Exemption Number is 11. NON WAIVER. 98-04502. FVh ml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Failure of the Purchaser to insist upon strict performance of the terms and condition hereof. failure Or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Studies 1973. Chapter 39 26, 114 (a). exercise my 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 for goads hereunder or approval ofthe design, shall not release the Seller Of Goods Rejected. GOODS REJECTED due to failure m meet apecifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be damed a waiver of my right of the damage in trams, may be remmed to you for credit and are not to be replaced except upon receipt of written pardoner to insist upon strict performance hereof or any of its rights or remedies as m Any such goods, regadlVa imtmctions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereund., nor shall any rammed coal modification or rescission of this pan:hax order by the Purchaser operate as a waiver of my of the terms Inpation. GOODS are subject N the City of ran Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in ,expand to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL r Seller and the Purchaser recognize that in actual a es economic practice, o erchargresulting from antitrust ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures. violations de, in fact home by rise Purchaser. Thnmforefor good cams, and as consideration for executing this purchase order, she Sall,, hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tam¢. Shipments most be F.O.B., City of Cold Collins, 000 Wood St., Too Collins, CO 80522, unless acquired order federal or state intiaust laws for such ovembarges relating to the particular good m services otherwise specified an this order. If permission a given to prepay freight and charge separately, the original freight purchased at acquired by the Purchaser pursuant to fix purchase Oder. bill must accompany involve. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have diatMming points in vmus Pares of the country, shipment is If the Particular directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the commas distribution paint to destitution, and excess freight will be deducted from Invoice when Purchas. and the Seller, and the Seller dismember indicates its inability o, orwillingness to comply, fie Pumhou r shipments are made from granter distant, may cause the work to be performed by she most expeditious means available to it, and she Seller shall pay all ants associated wish such work. Permits. Seller shall procure at sellers sole cast all necessary pent certificates and licences required by all applimble laws, regulations, mdonowes most roles of fie scum, municipality, territory or polilical subdivision where The Seller shall release the Purchases and its contractors ofany her from all liability and claims of any made, the work is lnrformN, misquoted by any other duly cdsstituted public authority havingjurisdiction over the work resulting from feperformmceofsuchwork. of vendor. Seller fuller agrees to held the City or Fort Collins harat. from and agaimt all liability all loss incurred by them by reason of an asserted or esdbluded violation army such laws, rtgain., om itunees, roles This ¢lease shall apply even in the event of fault of negligence of ttr putty, released and shall extend to the and rryuirements. directors, officers and employees of sich but Authorization. All ponies to this combat agree fat the arpreammtive, art, in fan, bona ride and pnsscia full and complete authmry to bind said parties. LIMITATION OF TERMS. This P rchme Order expressly limits aceeptmce to the it. all conditions sated herein set foM and my supplementary or additional narrow and conditions annexed hereto or incorporated herein by reference. Any additional or diffent l,. anal mnditiom proposed by seller art objected to and Mrtby, rcjened. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery data es coact. Time is of the essence. Delivery all performance must be eRcc4d within the time stated on she pnhove order and the documents attached hereto. No acts of the Purchasers including, without limitatian, samplantt ofpartial late deliveries, shall opemate as a waiver ofthis provision. In the event army delay, the Purchavtt shall hum, in addition to other legal am equitable remedies, the option Mplacing this older elsewhere and holding she Sella liable for damages. However, the Seller shall not be liable for damage n a result o'delays due to auras not reasonably fsmsecable which arc beyond its reasonable central and without its fault of negligence, such acts ofGod, any ofrdvll of military authorities, gdenot himiues, fins, strikes, flood, epidemics, wars or rims provided dim dire of the conditions causing such delay is given to the Purchasur within fee (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, she date of delivery shall M extended for fie grand qml to the time actually lost by resort of the delay. 3. WARRANTY. The Seller warrants that all hand, articles, materials and work covered by this order will conform wish applicable drawings, specifications, samples and/or cafe, desmigian given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchuur haWaIVz from my loss, damage or expense which she Purchaser may suffer m incur On account of the Sellers breach of wamanly. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fmlts arising within one (1) ymr or within such longer period of time as maybe prescribed by law Or by the terms of my applicable warranty provided by the Seller afv the dam of acceptance Of the good furnished hereunder (acttptmce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or goaran res, but such liability shall in no event include lass 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 PERMS. The Purchaser may make any changes m the terms, other than legal temp, including additions I. or deletions fluid the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change afevN the amount due or the time ofperfomtznce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change older, terminate his agreement as to any or all Pinions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials fen in progress provided that the Purchaser shall not be liable for any claims for anticipated prods on the uncompleted portion of she goad and/or work, for incidrial or consequential damages, and that nu such adjustment be made in favor of the Seller with respect to any goods which are the Sellers sdrat stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations as to any goods del ivcred hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be around within thirty (30) days from the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and published in mat compliance with all applicable laws and regulation to which the good are subject. The Sella shall execute and deliver such dowments as may be required to effect or evidence compliance. All laws and regulation required to be ncorpooated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase harmless from all costs and damages suBead by the Purchaser as a result F,ha Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither parry shall assign, handler, Or convey this under, or any monies due or to become due harmnder without the prior wnnm unownt offs other party. 10. TITLE. The Seller warrants full, clear and unnestricted title to the Purchasmr for all equipment, materials, and items famished in performance of this agreement, face and altar of any and all liens, restrictions, eservmiom, security moment encumbrances all claims a f others. The Sdie s commercial obligati.-, including warranty, shall tut be demand to be reduced, in any wa, because such work is performed or sound to be petitioned by the Puchaser. 14. PATENTS. ViTenevrr the Seller is included m use any design device, .,.at or pNcess covered by letter, Palms, trademark copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for mfMgemmt by reason of the use of such patented design, device, material in process f comection wish she common, and shall indemnify the Purchaser for my cost, expense or damage which it may he obligW in pay by resod ofsuch infringement at any time during the pmsmution or after fie complaion of the work. In ass said equipment, or my pan thereof or the intended use of the good, is in such suit held m cm¢fiNm infringement and the use of said equipment or per is rnjoind, she Sellef shall, at its own expense and at its option, either Procure for the Purchaser the right to continue using said quipment or pans, replatt the same wish substantially equal but naninfringing equipmml, or modify it so it becomes rmninfnnging. 15. INSOLVENCY. If the Sella shall bamrrc imolvmt or hankntpt, nuke an assigned for the benefit of creditors, appoint a rearivar or tmslae for any of the Sellers properly or business, this oiler duty foMwith be canceled by the Pnhssur without liability. 16. GOVERNING LAW. Tim definitions of terms used or the interpretation of file agreement and the rights of all panics hereorder shall be mnuued mail. and governed by the laws of the State afColooado, USA. The following Additional Conditions apply only f cides where the Seller is to perform work hereunder, including the services of'SVIVs Reamsendtive(s), can the premises droplets. 17. SELLERS RESPONSIBILITY. The Sella, shall burry oa said work at Seller's awn risk until the snore is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers foal completion and acceptance, complete the work at Seller's own expense and to she satisfaction of the purchaser. Whoa materials and equipment are famished by others for installation or erection by to Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials mdor equipment were being famished by the Sell,, under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for she payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state is which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, co mortual and automobile public liubiliry insurance with bodily injury and death limits Of at leod S300,000 for any one person, 5500,000 fir any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers of his contractors nnployees shall do any work upon the premises of odiers, she Seller shall famish the Purchaser with a Murray, that each compensation nnd insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until afie the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fro any and all damage, loss or injury ofany kind or nnmte whatsoever to persons or prupmy caused by or resulting from she execution of the work provided for in this purchase order Or in connection herewith. The Seller will indemnify and hold harmless fie Purchase and my r all Of the Purchasers officers, agents and employees from and againt any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my scl, action, neglect, omission or default on she pan of she Seller, my of his contractors, or my of she Sellers or contractors officers, agents or employees. In case any suit or offer proceedings shall h, brought against she Purchases, or its slicers, arms or employees at my time on account or by reason of any act, action, neglect, omission or default of fie Seller of my of his continuous or my of its or fei, officers, agents or employers as aforesaid, the Sell, hereby agrees f assume the defense thereof and N defend the same at she Sellers own expense, to pay my and all costs, charges, moseys fees and other expenes, any and all judgments that may be incurred by or obtained against the Pnhasmur or any of its or their officers, agents or employees in such suits or other proceedings, all in case judgment or other lira he placed upon or obtained againt the property of the Purchaser, or said parties in or as a result of such suits of other prmeedings, the Seller will at one sun the same to the dissolved all dildso M by giving bond or ofemin. The Seller and his contractors shall tale all safety prccamion, fmah and install all guard decsary for the prcventim of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fie Occupational Safety all Health An or 1970 all at] rules and regulations issued pursuant merles. Revised 07n014