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HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - PURCHASE ORDER - 9135934 (2)PO PURCHASE ORDER 913593er Page C117/ of PURCHASE 9135934 1 of z t Collins Thisnumber must appear ` {, on all invoices, packing sli s and labels. Date: 03/18/2014 Vendor: 113060 Ship To: ENGINEERING DIVISION MOUNTAIN CONSTRUCTORS INC CITY OF FORT COLLINS PO BOX 405 281 N COLLEGE AVE PLATTEVILLE CO 80651-0405 FORT COLLINS CO 80521 Delivery Date: 10/31/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 3 7557 W.Prospect Rd. Bridge 1 LOT EA 3,457.00 Change Order 2 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.wrn Total $3,457.00 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 nemptions. By smme the City of Fort Collins is exempt fear state and Ira taxes. Ow Exemption Number is 11. NONWAIVER. 98-(Ft Federal Excise Tax Exemptiw Caificau of Registry 84-WW587 is registered with the Collector of Failure of the Formula to insist upon rotor performance of the terms eod mditiom hereat, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exereme my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accepmnce of or paymml for goods hereunder or a,onnol ofdse design, shall not release the Seller of Goods Rejected. GOODS REJECTED due a failure to meet specific Lions, either when shipped or due to defects of any of the earmarks or obligations of this purchase order and shall not be deemed a waiver of any right of Ore damage in transit, may be retumai to you for credit end art not to be midead escrin upon receipt of written Purchaser to insist upon strict performance hererfor arty of its rights or remedies as to any such goods, regardless instructions from the City ofFat Colllm, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purrbaea operate m a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arnva. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. onflon ized payment on the pan of the City of Full Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in moral ec no is practice, overcharges resulting from antitrust r ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and are consideration for execang this purchase order, the Seller hereby assigru to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B., City of Fan Collins, 700 Wood St., Pon Collins, CO 80522, unless acquired under Federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If prmission is given to prepay freight and charge s tenately, the original freight purchased or acquired by the Purchaser pursuant to this purchase older. bill must accompany invoice. Additional charges for Parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When, mavufacturers have dissobuting points in variom part of the country, shipment is If the Purchaser directs dse Seller to correct nonconforming or defective goods by a dam to be agreed upry by the expected from the moral distributor. point a destimtiom end excess freight will be deducted from Invoice when Pumhmer and the Seller, ad be, Seller thervRer indicams its usability or unwillingness m comply. the Purchaser shipments sm made from greater distance. may muse the work to be perforeed by the most expeditions means available to it, ad No Seller shall pay all costs assaiatN with such work. Permits. Seller shall procure an sellers sole cost all morwary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, tertiary or Political subdivision where the work is Performed, or intuited by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Tom Collins harmless far and against all liability and loss incurred by them by reason of or assMed or established violation of any such laws, regulations, ordinances, roles and requircmads. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and posxss full and complete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated hemin set forth and any supplementary or additional terms and conditions arsnexd hereto or uniformed herein by reference. Any additional or ditTermuerm s and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ounce on your promised delivery date m noted. Time is of the examm. Delivery and perfarmanm must be eliicrd within the time stared on the purchase, motor and the documents mxbed hurt No acts of the Purchasers including, without limitation, acceptance of Formal late deliveries, shall operate m 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 of placing this older elmwhem and holding the Seller liable for damages. However, the Seller shall not be liable for damages ms a result of delays due to causes not reasonably foreseeable which me beyond its reasonable coated and without its fault ofnegligence, such acts of God, acts of civil or military authorities, govemmenml priorities, fires, strikes, food, epidemics, wars or fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period qml to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, indications. samples and/or other descriptions given, will be fit for the purpose intrinsical, ad performed with the highest degree of care and comprtema in accordance such accepted standards for work of a similar mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser rimy suffer or Now on arowt of the Sell— breach of commonly. The Sella shall replare, repair or make goad, without cost to the purchaser, my defects or faults arising within, one (1) year m within such longer proud of time as may be planned by law m by the hest of my applicable aarre a,pa idd by the Seller after the date of acceptance of the good Prmished hereader (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or matenals f ishM by use Seller. Acceptance m use of good by the Purchaser ahal at rmtiorm a waiver of my claim order this warranty. Except as otherwise provided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wamrams or guarantees, but such liability shall in no event include lass of Put%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 writmn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teems, ether than legal terra, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by venial or written change older. If any such change affects the amount due or the lime ofperfurma hereader, an equitable udjwfent shall be made. 6. TERMINATIONS. The Purchnser may an any lime by women change order, mnmim a this agreement as to any of all ,anions of she good then rot shipped, subject to any gmroble adjustment between the parties ses to my work or me to rials then in progress provided that ere Puchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods adkr work, for incidental or comequential damages, and Rest no such dju9mem be made in favor of the Seller with respect to my goods which art the Sell— standard stock No such mm narim shall relieve the Pumbaser or the Sella of my oftheh obligation as to my goods delivered herunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ondead 8. COMPLIANCE WITH LAW. The Seller ... 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 are subject The Seller shall execute and deliver such documents as may be captured to efTecl or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorprded herein by this reference. The Seller agars to indemnify and hold the Pmchasn hamsters fem.11 vests and dmuagn suffrred by the Eurchuer as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, oamfm, or convey this order, or my monies due or an become due harmonic without the prior written om at of the other party. 10. TITLE. The Sella warrants full, clear and mvestricted title to the Purchases for all equipment, materials, and items furnished in perfowance of this agreement five and clear or my and all liens, restrictions, raervatiom, security interest encumbrances and clams ofothers. The Seller shall release the Purchaser and its contractors army tier farm all liability and claims of any mane ranking from the perfarmancc of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the duo mrs, ofcers and employees of such puny. The Seller's 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. IC PATENTS. Whenever the Seller is requimJ to use my design, device, material or process covered by leer, patent trademark or copyright, the Seller shall indemnify and save harmless the Purnmor fee any and all claims for infingemenn by reason of the use of such patented design, device, material or perm in connection with the contract, and shall indemnify the Purchase, for my cast, expersse in damage which it may be obliged to pay by museum of such Infringement at my time during she prosecution or after the completion of she work. In rase said equipment, or my pan thereof or she intended sex of the good, u in such suit held to wmtiorm infringement all the use of said equipment or pan is enjoind, the Seller shall, m its own expense and ed its .,sirs either procure for the Poorhouse, the right to continue using said equipment or pans, replaze the same with substantially qml but mainfngfg equipment, or modify it so it becomes.winf.gmg. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpt, make an assignment for the lantern of creditors, appoint a reariver or aortae for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions orients used or the interpretation ofthe agreement and the rights of all Parties heremder shall be omouedunder and governed by one laws of the State ofColomdo, USA. The following Additional Conditions apply Only as rases where the Seller is to perform work hereunder, including the services of Sellers Re,m sentarive(s).On use premems.rochers. 17. SELLERS RESPONSIBILITY. The Seller slWl carry on said work .1 Sellers own osk wfit the same is fully aompleted ad accepted, and shall, in cage of any accident, desouc or or injury to the work mdnm commals before Sellers final completion and .M., complete the work at Suite. own expense and 1. the sasfaction of the Purchaser. When materials and quipment are famished 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 mounds wai quipma d were being f ishd 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 order, and/or to their dependents in arwrdanee with the laws of the sure in which the work is to be dom. The Seller shall also carry comprehensive general liability including, but not limited a, contractual ad automobile public liability iaemrmme with hardly injury and dean limits of at least Voto,olso for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000 The Seller shall likewise require his conanactom, if any, to provide for such comprsstion and mancence. Before my of the Sellers of his contrams employees shall do my work upon the promises of others, the Sella shall furnish the Purchaser with a car ftcme that such compensation and imumme have been provided Such cenifcates shall specify ere date whim such aomperromon and insurance have been provided. Such certificates shall specify the date when such componential ll inswmce expire. The Sena agrees thad such compensation and',..umxe shall be mainmiud well after the entire work is completed ad mreprd. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mama the entire responsibility and liability for any and all damage, loss or injury ofory kind r mature what never to persom or ,ropey caused by or resulting farm the execution of the work pmvded for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumbacer and any cr all of the se Purchars officers, agents and employees from and against any and all claims, lasses, damages, harges or expenses, whether direct or indirect, and whether to persom or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought Worst the Purchaser, or its officers, agents or employees in my time on account or by reason of my act, anion, neglect, omission or default of the Seller of any of his connecmrs or my virus Or the'ir officers, agents or rmployees as aforesaid, the Sella hereby agrees to assume the defense Cher of and to defend fie same at the Sell— own expense, to pay my and all casts, charges, mo e,ti fees and othn expeaus, my and all judgments Not may be incurred by or obtained against the Purchaser or my of its or the'ir offc—, agents or employees ch such suits or other proceedings, and in vas judgment or other lien be placed upon or Obtained against the property of the Purchaser, or said panes in or as a result crutch suits or other pmccdlgs, the Seller will or once cause the same to be dissolved and discharged by giving bond mothervise. The Seller and his contractors shall take all safety precautiam, fiunish and immll all guard necessary far the pmventiw of accidents, comply with all laws and regulations with regard an safety including• but without limimfm the Occupational Safety ad Health Act of 1970 and all talcs mad regulations issued purstmnt Hereto. Raised 03Q010