HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - PURCHASE ORDER - 9135934 (3)Fort Collins
Date: 04/10/2014
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Vendor: 113060
MOUNTAIN CONSTRUCTORS INC
PO BOX 405
PLATTEVILLE CO 80651-0405
PO Number Page
9135934 1 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 10/31/2013 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 7557 W.Prospect Rd. Bridge
Change Order #3
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
1 LOT EA
Total
Invoice Address:
15,561.70
70
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
r rl
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Tom Collins is exempt from state and local noses. Our Exemption Number is
11. NONWAIVER.
98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-64)U0587 is registered with the Collecmr of
Failure argue Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stuarts 1923, 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 mCeplance of or payment for good hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the wartanfca or obligations of this purchase order and shall not he deemed is waiver of any right of the
damage in transit, maybe retumed to you for credit and am not to be replaced except upon receipt of women
purehaseno insist upon stet performance hoomfor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purported
oral mudi fiction or rescission of this purchase order by the Purchaser operate as a waiver of my of she terns
Inspection. GOODS m, subject o the City of Fort Collins inspection on ani.al.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to Nis order can result w
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood Nat TRIAL
Seller and the Purchaser mulatrx that in acad economic practice overcharges resulting fien amim¢t
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations art in fact home by the Purchaser. Thcremf sm, for good east and as consideration for executing this
purchae order, the Seller hereby assigns to the Purchaser any and all claims it may row have or hereafter
Freight Toms. Shipments most be F.O.D.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services
otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for looking will rot be interred.
U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment D'Smnce.Whom manufacturm havedisation.. extsinvunr Wrts ofthe shipments
co or tobeagreede the
Ifine Purehattdireca the Seller.ellerrennater
and rl from,
expected from the nearest distribution paint a destination, and amass freight will be deducted from Invoice wM1rn
Punch
indicates imbiltisxgoodsbygness the Purchaser
Purchaser and the Seller, and the Seller lhert.indirtex its i or unwillingness to comply,
shipments are made fmm greater distance.
nommas
by the most expeditious means available to it, and the Seller shall pay ell
may cause the work to be Seller
orfomrW
costs assoiared with such work.
Pmnia. Seller shall procure at tillers sole cost all mortuary permit, rahifirmt end he. required by all
applicable laws, regulations, ordinances and ales of the sate, municipality, territory or political subdivision where
the work is performed, or required by any order duly constituted public authority having jurisdiction over Ne work
of vendor. Seller !under agrees to hold the City of Fort Collins hanmless from and against all liability and loss
incurred by them by reason of an inverted or established violation ofany such laws, regulations, ordimnces, roles
and requirements.
Authentication, All panics to this comment agree that the representatives are, in fan, hour fide and possess full and
rmplete impurity to bind said panics.
LIMITATION OF TERMS. This Purchase Order exprestly limits acceptance to the terms and conditions sated
herein set forth and any supplementary or additional terms and conditions annexed hereto or im arts ated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGEN Iimmeeludely it you cannot make complem shipment to arrive on your
promised delivery sble it, 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 acts of the Purchasers including, without
limitation, acceptance of punial ],are deliveries, shall operate as s waiver of his pm,nmr. In the event of auy 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 1'or damages. I loweveq the Seller shall not be liable for damages at a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, Tres, strikes, flood, epidemics, was or
hots provided that notice of the conditions rousing such delay is given to the Purchaser within fer (5) days of the
time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost 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, specifications, samples ardor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with sexqued standard for work of a
similar moue. The Seller agrees to hold Ne purchaser harmless from any lass, damage or expense which the
Purchaser may suffer or incur oa account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the purchase,, any defects or faults arising within one (1) year or within such longer pentad of
time as may be prescribed by law or by the to. ofany applicable wananry provided by the Seller after me ate of
accepantt of the goods famished hereunder (acceptance not to he umeammbly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver of my claim under this monetary. Except as otherwise provided in this purchase order, me Sellers
liability hereunder shall extend in all damage proximately caused by the breach of any of me foregoing warranties
or grantees, but such liability shall in an 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 terns by within change order
5. CHANGES IN COMMERCIAL TERMS.
'Ind Nrchsser may —Lc any changes m the to—, mher than legal lemons. im'ludink adlaiota m m deletianv fmm
the grntities originally ordered in the specifications or drawings, by verbal or women change order. If any such
change fiects the amour due or the uinc of performance homom er, an rgamble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, nominate this agreement as to any or all pinions of the
goods men not shipped, subject to any equitable adjustment between the panics as to any work or materials that in
pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion rf the goods and/or work, for incidental or consequential damages, and that no such adjrtmenp be made in
favor of the Seller with respect in any good which are the Sellers standard stock. No such amtimatirn shall relieve
the Purchaser or the Seller ofany of their obligations as to any grads delivered hereunder.
V. CLAIMS FOR ADJUSTMENT.
Any claim for adjastrnem must be sssened within thirty (30) days from the derto the change or arminamor is
ordered.
I. COMPLIANCE WITH LAW,
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and finished th strict
compliance with all applicable laws and regulations to which the ..it, are mbject. The Seller shall execute and
deliver such documents its may be required to effector evidence compliance. All laws and regulation required to be
incorporated in agreements of this chaser are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Parliament harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written commit ofthe other party.
10, TITLE.
The Seller wa taints full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fnommed
in performance of this agreement, free and clear of any and all firms, mono ins, reservations, security interest
contrarieties and claims of others.
The Seller shall release the Purchaer and its contractor of any tier from all liability and claims of any mare
resulting fmm me performance rf such work.
This releae shall apply even in the event of fault of negligence of the parry odea¢d mid shall extend to the
directors, circers and employees afsarh party.
The Sellers conumtuol 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 Seller is required to use any design, device, material or process covered by letter, parent, trademark
or copyright, the Seller shall indemnify and save harmless 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 contact, and
shall indemnify the Pumhaser for tiny cost, expense or damage which it may be obliged to prey by reason of such
infringement at any time during the prosecution or offer the completion of the work. In case said equipment, or
any pan thereof or the imended use of the goods, is in such suit hold to constitute infringement and the ate of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with suboami illy equal but
noninfirm,ing equipment, or modify it so it becomes noninfringh,
15. INSOLVENCY.
If the Seller shall become insolvent or bankalL make an assignment for the benefit of creditors, appoint a
receiver I trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition pfit. used or the interpretation of the agreement and the rights of all parties hereunder shall be
connected under and govcmcd by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in taus where she Seller is to perform work hereunder,
including the services of Sellers Represcnative(s), on the Promises urchins.
U. SELLERS RESPONSIBILITY.
The Seller shall carry on aid work in Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to tte work andor materials before Sellers f 1 completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Parchaer. When mareriab
and equipment are fumishrd by otters for installation or motion by the Seller, the Seller shall receive, unload
store and handle more at the site and become mapomible therefor as though such matioah arWor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the Raymond of workers rompnt lion, including occupational
disease benefits, to its employees employed on or in counoction with the work oriented by this pareare, order,
and/or to their dependents in accordance with the laws of Ne state in which the work is to be done. The Seller
shall also cony comprehensive general liability includin& but not limited to, mnlrecaal and automobile public
liability announce with bodily injury anal death limits of at least g30,000 for any ilia perwq 5500,000 for any
mnaccident and property damage limit per accident of 5400,000. The Seller shall likewise require his
aniumrs, if any, to pmm& for such compemmion and insurance. Before any of the Seller or his contractors
employees shall do any work upon the premixes of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided Such comficatrs shall specify tlm date when such
compensation and insurance have been provided. Such «nlfcates shall specify the date when such compensation
and insurance expires. The Seller agrees Nat such compensation and insurance shall be mainminM until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire reeporibility and liability for any end all damage, loss or injury ofany kind
or nature whatsoever to porm or property caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in commotion herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, 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 act, action, neglect, omission or default on the pan of the Seller, any of his
contraction, or any of the Sellers or contractors officers, agents or employees. In two, any suit or other
proceedings shall be brought against the Purchase,. or its cfircm, agents ar employees at any time on accoo d or
by imsrn of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees in intommid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn expense, to Pay any and all ensts, charges, attorneys fees and other expenses,
any and all judgments that 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 ass judgment or other lien be placed open or
obtained against the property unique Purchase, or mid parries in or in a result ofsuch suits or other proceedings,
the Seller will at ace cause the mine to be dissolved and discharged by giving bond or committee. The Seller and
his contractors shall take all safety prccuations, But and exalt all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard m safety including, but without limiation, the
Occupational Safely it Health Act of 1970 and all ales and regulation ¢sued pursuant thereto.
Revised 03CO10