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HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - PURCHASE ORDER - 9135934 (4)PO Number Page City.of PURCHASE ORDER 9135934 1012 FoCollins This number must appear on all invoices, packing sli sand labels. Date: 05/09/2014 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 UOM Unit Price Extended Ordered Price s 7557 W.Prospect Rd. Bridge 1 LOT EA 11,115.36 Change Order #4 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 $11,115.36 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City offirm Colliers is exempt from state and Iwal taxes. Om Exempion Number is 11. NONWAIVER. 98-0ifi 4501. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, fihate or delay in Internal Revenue, Denver, Colorado (Ref Colorado Revised Suites 1973. Chapter 39-26.114 (a). examise any rights or remedies provided herein or by law, failure to promptly notify the Sella in rise event of a breach, the maximum oforpaymrnt for goods havundce or approval ofibe design, shall not whisse the Sella of Goods Rejected. GOODS REJECTED due to failure to am. spaifcations, either when shipped or due to defects of any of the wamntics an obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmmit may M returned an you for credit and art not to W replaced except upon receipt of wens m po chin , to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of whe. shipped, received or acecplN, as to any prior or subsequent default hereunder, nor sk 11 any purported oral modification or mcisium of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject a the City of Fort Covim inspection on social. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENIOF ANTITRUST CLAIMS. amhmized payment on the pan of the City of For Collins. Ilmm,ca it is to be understood that FINAL Seller and the Purchaser recognize that in cad economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Thefemfore,mlor good cause and as consideration for executing this purchase order, the Seller hereby assigns coo the Purchaser any and all claims it may now lave or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood Sr, Fort Collins, CO 90522, unless acquired under indent or stare inrimst laws for such overcharges relating to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant ro this purchase order. bit must accompany invoice. Additional charges for Packing will not be accepted. Shipment Distance. NTere manufacturers have distributing points in various pam of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from grater distance. Permits. Seller shall procure al sellers sole cost all na., permits, caufcates and licenses required by all applicable laws, regulations, ordinances art rules of the sire, municipality, umtmry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the week of vendor. Seller further agrees to hold the City of Fart Collins harmless tram and against all liability and loss recurred by them by reason of on asserted an established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the reprarnmtives are, in fact, than fide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set both and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any addihional or different reins aad conditions proposed by indict, are objected an and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery data as acted. 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 partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shill have, in addition to other legal nand aptitude remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall nor be liable for damages as a result of delays due to causes not nationality foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, new areivil an military authorities, govemmenal prior ics, fires, strikes, food, epidemic, wan or riots provided that notice of the behi tons whom, such delay is given to the Pu¢hamw within five (5) days of the time when the Sella first received knowledge thereof. In the event of nary such dal,. the date of delivery shall be extended for the period equal or the rime actor ly lost by awn of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work caved by this order wilt conform with applicable drawings, specifcations, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamdess from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sella breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the 6 to of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall or constitute a waiver of any claim under this wamnty. Except an otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammies or gmaromak. bur 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 harms by written change order 5. CHANGES IN COMMERCIN, TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quznlities originally ordered in the specifications or drewiny, by verbal or written change order. If any such change affects the mount due or the time ofpedomance hereunder, an equitable Mjmtmmm shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change mite,, terminate this agreement as m any or all pontons of the goods then not shipped, subject to any equitable who mein between the panics as to any work or materials that in progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller array of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim For adjustment most be assured within thirty (30) days tram the date the change or termination is omered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and famished in stria compliance with all applicable laws and regulations to which the good are subject The Sella shall execute arm deliver such documents as may be required to cam or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are terrby unimportant herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from dl costs and damages suffered by the Purchaser as a resin, of the Sellers failure to amply with such law. 9. ASSIGNMENT. Neither party shall assign, member, or convey this order, or coy monies due or to become due hereunder without hoe prior written consent of the other putty. 10. TITLE. The Sell,, wamnts full, clear and unrestricted title India Purchaser far al I equipment, materials, and items furnished in perfomamce of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances cod claims of.fhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifihe Proxima directs the Seller to comet nonconforming or defective goods by a date to be moral upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay ell costs associa di with such wank. The Seller shall release the Purchaser and its contracmrs of any tier from all liability and claims of any mture resulting from the performance of such week. This release shall apply even in the event of fault of negligence of the parry, relemcd and shall extend to the directors, offer. end employees afscch parry. The Settees communist obligations, including warranty, shall not be deemed to be ducal, in any way, because such work is performed or caused to be perfomcd by the Purchaser. 14. PATENTS. Whenever the fare, is required Ih use any, design, device, material or process coved by letter, patent, trademark copyright, the Seller shall indemnify and save harmless the Purchase, from any and all claims fur infringement by reason of the use of such patented drign, device, unhand and or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is minimal, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but no dufringing equipment or modify it w it becomes noninfdnging 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. it, an nsaignmcm for the bench, of credimrs, appoint a racism ar trustee for any of the Sellers properly or business, this aide, may foMwith be eamead by we Purchaser without liability. 16. GOVERNING LAW. The defnit ins oftermm med or the interyMatim aftbe agrtement and the rights of all parties herewder shall be combined bider and governed "a taws of the Stare ofColomdo. USA. Thc fallowing Additional Conditions apply only in eases where the Seller is to perform work heremden including the services of Sellers Representativa(s), on the premises ofotbas. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work carper materials before Seller's Ertl completion and acceptance, complete the work st Sellers own expense and to the satisfaction of the Purchaser. When makrials and equipment are furnished by others for installation or erection by she Salta, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Sella shall, in his own expense, provide fro the payment of workers compensation, including occupational disease benefits, to its employees emplqand an or in romtec,ion with the work covered by this purchaw order, andim to their da madms in azrordance with the laws of the state in which the work is to be done. The Sella shill oho cony comprehensive g rand liability lutludlag, be, tat limited m, rmnmemal and aummobile public liability insurance with badily mury am death limits of at [cart 5300,05) for any one persoq SwgWO for any one accident and property damage limit per accident of S40Q000. The Seller shall likewise require his contractors, if any, to provide for such compensation wed insurance. Before any of the Sellers in his rodnrwtors employees shall do any work upon the premues of others, the Sella shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifcems shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such carrier nsatim and insurance shall be maintained mail after the entire work is completed cod accepted 19. PROTECT ION AGAINST ACCIDENTS AND DAMAGES. The Sailer hereby assumes the entire responsibility and liability for any and all dmass , loss or injury army kind or nature whats«ver to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Pureha er and my r ell F,ha Purchasers oReers, aSants and employees farm and against any and all claims, losses, damages, charged or expenses whether direct or indirect, and whether to psationes or property to which the Pumhmer may be put or subject by mason of coy act action, neglect, omission or default an the pan of the Seller, any of his contractors, or any of the Sellers or communist officers, agents or cmployas. In case any suit or other proceedings shall be brought against the Purchaser, or its oReers, egenh or employees al any fine an acrowl of by reason of any act action, reglat, omission or default of rise Sella of any of his contractors or any of its or their officers, agents or employees as of said the Sella hartby, agrees to assume me defense thereat and to defend the soma al the Sellers own expense, to pay any and all eosts, charges, attorneys fees and other cxpcmes, any and all judgments that may be iacumd by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in earn judgment or other lien be placed upon or obtained against the property of the Ptuchaur, or said panics in or as a result of such was or other proceedings, roe Sella will at ono cause the same to be dissolved and discharged by giving band or otherwise. The Sella and his contractors shall uke all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all mks and regulation issued pursuant therein. Revisal 03R010