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HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - PURCHASE ORDER - 9144039PO PURCHASE ORDER 914403er Page Citj/Of 9144039 t of Flirt Collins on all i tuber mustpacking /^,',-_\V`, VV ` 1 1 on all invoices, packing �slips and labels. Date: 07/1712014 Vendor: 113060 MOUNTAIN CONSTRUCTORS INC PO BOX 405 PLATTEVILLE CO 80651-0405 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 07/17/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity - UOM Unit Price Extended Ordered Price N. College, Rear Access Rd. 1 LOT LS 596,034.75 PER TERMS AND CONDITIONS OF BID 7654 AND AGREEMENT DATED JUNE 24, 2014 'Total $596.034.75 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 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 1. COMMERCIALDETAIIS. Tax exemptions. By smtute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 99+4502. Federal Parise Tax Exemption Certificate of Registry 8 6000583 is tegumm, with the Collector of Failure of the Forebear to insist upon said performame of be temp end conditions hereof, failure or delay,to rew Interest Revenue, D, Colorado (gallColorado Revised Simulate19T3, Chapter 39-26,114 (a). exercise my rights in «media provided hcrem or by ❑w, failure to promptly notify, the Seller in the event of a branch, the ancepumx of or payment for goad beeander or approval of the design, shall Out release the Sella of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the morenties or obligations of this purchase order sal shall not be deemed a waiver of any right of the damage in transit, may be abroad to you for credit and arc not to be replaced except upon receipt of written purchaser to imat upon acrid performance harcofor my of its rights or remedies as to my such good, «gardlas Instructions from the City of Fort Collins. of whin shipped, received ar accepted, as to any prior or subsequent default hemmdeq Or shall my purported oral modification or rescission of this bachase order by she Purchaser operate as a waiver of my of the term Inspired.. GOODS sae subject to the City of Fart Collins inspentim an arrival. heeof. Final Acceptance. Receipt of the merchandise, services or equipment f response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anthorimd payment an the pan of be City of Fort Collins. However, it is to be.understood thd FINAL Seller and the Purchaser men triae but in admit economic practice, overchmga resulting Tom artifcal ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Pnmhaer. Therdofore, for good came and in consideration far executing this purchase order, the Seller hereby ranges to the Purchaser any and all claims it may now have or hereafter Freight Temu. Shipments must be F.O.B., City of Fort Collins, IDo Wood St, Fort Collins, CO 80522, In. acquired under federal or state antitrust laws for such overcharges reh ing to the particular goods or scrvlere otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser paramount to this pn«Iuse order. bill must accompany invoice. Additional charges for puking will not M accepted. 13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. Shipment Distance. Where manufacturer have point in various pane the country, i5 Lion, correct aonconfotming or defective gaud by a data to be agreed upon by the If the brand the Seller cancer a de voice wo expelled from the nearest distribution point to destination, and excess freight will be tleducmd from Invoice when stain asnu miler e as m comply, the Purchua a unwillingness Purchaser and the Seller, and Ne Sellerythemannor its inability v shipments ere made fiom grtekr distance. available it, may cruse Newark to be by the most expeditious mean available to it, and the Seller shall pay ell be most orfaamed costs aeH.uted with such wok. Pemtiu. Seller shall pmcme at sellers sole al. all necessary .its, certificates and ecel required ell when« applicable laws, a ordinances and antes of the store, municipality, m political subdivision w The Seller shall release the Purchaser and its contractors of any tier fmm all liability end claims .f my naure oritirary nob the work is pedaamed,rrrequired byany public having jurisdiction over be work rded, e ce of resulting form the performance of such work. eCitduly For.ritukd from end against all liability and lass vendor. Seller further agrees to hold the City Fort Collins ha ce,harom li team by «omn of an sorted or established vial.tion of any such laws, regulation, .rdinanen, rates in anted says land This rclene shall apply even in 0fs event of Tsui of negligence of the party released and shall mend to be re requirements. directors, officers and employees of such party. Autho,vution. All partia to this contract agree Out the representatives ere, in Tut bore fide and 1. bill and complete authority m bind said proton. LIMITATION OF TERMS. This Purchase Order expressly limits ... .ce to the in. and conditions stated herein set forth rand any supplemenmry M additional in. and conditions annexed hereto or incorporated herein by reference. Any additional or different term and conditions proposed by seller are objected to and hereby an,ded. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of Nc essence. Delivery end performance most M dif red within Ne time stated on the purchase order and the documents mad ed handa. Na acts of the Purchasers including, without limitation, acceptance of portal late deliven., shall operate as a waiver of this provision. In the event ofany delay, be Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and bolding Ne Seller liable for damages. However, the Seller shall not be liable for damage an a result of delays due to causes not reasonably foreseeable which ere beyond its reasonable control east wihout its fault ofnegligame, such acts of Gad, acts ofcivil or military authoddes, governmental pnantim, fires, strikes, flood, apidemies, wars ar riots 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 on, such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller Warrnts that all goods, articles, materials and wok covered by this order will conform with applicable drawings, specification, samples and/or office descriptions given, will ba 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 ..tort. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers bench of moony. The Seller shall replace, repair M make goad, without cost to be purchaseq my defects or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the it. oft, applicable warranty provided by the Sella after the data of acceptance of the goods fmished hereunder (acceptance not to be unaccountably delayed), resulting from imperfect or defective wok done or materials fiunished by the Seller. Acceptance or we of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall mend to all dunaga proximately caused by the breach of any of the foregoing warranties or guamnmes, but such liability shall in no event include loa of profits or has 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 teens by written change other. 5. CHANGES IN COMMERCIAL TERMS. The Punha d, may make any change to the terms, be, Nan legal corms, including addition to or deletions from the quantities originally ordered in the sped features or drawings, by veAal or written change other. If any such change affects the amount due or be rime ofperfa m ace hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may m my time by written chaotic ceder, mmunate this agreement o to my or all potions of the goad then not shipped, subject to any double adjustment between the panics as to any work or materials then in pawresa provided that the Purchaser shall not be, liable for my claims for anticipated profits on the uncompleted portion offlan good and/or work, for incidental or cmuequentOl damages, and but no such adjustment M made in favor of the Seiler with respect to my good which a« the Salinas standard stock. No such krmlmtion shall relieve the Purchase, or the Seller of any ofthci, obligaions u to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment now be asserted within thirty (30) days fom the date the change or tcmdrmfion is onlercd 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fmished in strict compliance with all applicable lays and regulations to which the goods are subject. The Seller shall execute end deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this character are hereby incorporated herein by this referenco. The Seiler agrees to indemnify east hold the Purchaser hamtleu from all rests and damages suffered by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written coned afthe after party. 10. TITLE The Seller wa,mn. Pull, clear and taareandid rifle m the Pumhuer far all equipmenr, materials, and it. fmished n performance of this agreement, free and clear of my and all lien, r.triction, reservation, security intent eacumboarMs and claims mothers. The Sellers contractual obligaiou, including warranty, shall eat be deemed to M reduced, in any way, became such work is perfomtcd or caused to ha performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, materiel Orp.c,. covered by Imes patent, trademark r copyright. be Seller shall indemnify and save hi mlas be Tardiest, farm any and ell claims for infringement by reason of the use of such patented design, device, material or prauss in connection with be combat, and shall indemnify the Purchase, to, any cast, expense or damage which it maybe obliged ro pay by rearm ofsuch infringement at any time during be prosecution or after the completion of the work. In case said equipment, or say part thereof or the intended we of the good, is in such suit held to cooGtute infringement and the use or said eq.,.a.[ or part is enjoined, the Seller shall, at its own expense and at its option, either pmmre far the Pumhner the right to continue wing said equipment or pans, replace the same with substantially equal but noninfnn&ng equipment or modify it ao it becomes noninfloging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint e receiver or trustee for any of be Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of krtn used m the imarpreufion orbit standard and the rights ofall panics hereunder shall be command under and governed by she laws of the Slam ofColomdo, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including the services of Sellers Re,mad tative(s), on the prcmis. ofathm. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's oven risk until the same is filly completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's fiscal completion and acceptance, complete the work at Seller's own expense and to be satisfaction of the Purchaser. When materials and equipment are fmished by .,],am for installation a, criterion by the Seller, the Seller shall receive, unload, store and handle same at the site and become reasonable ferefor as though such materials and/or equipment were being fumuhad by the Sella wder the order. 18.INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefm, 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 I.. of the stain in which Ne work is to be done. The Seller shall also any comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S301,000 for my one person, $500,000 for any one accident and property damage limit per accident of $400,Oa0. The Seller shall likewise require his contractors, if any, to provide far such compensation and inwsnce. Before any of the Sellers or his numerous employees shall do any work upon the premises of others, the Seller shall famish Ne Purchase, with . certificate that such compatsarion and insurance have been provided. Such rani@ales shell specify the date when such mmpetuation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until after the earn won- is completed and mrepted. I9. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury crony kind or nature whatsoever to persons or property caused by or resulling from the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purcbocr and any r ell of be Parehaxrs Mo., agents and employees from and again, my and .II claims. losses. damages, char,. or ..penes, whether direct ar afraid, and whether to person ar property to which the Purchase may be pat or subject by mason of any act, action, neglect omission or default on be pan of the Seller, any of his onnacmm, at any of the Sellers or connadom officers, age.. or employe.. In was any .it or other proceedings shall M brought against lie Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, mutation or default of the Seller of any of his conbumm or any or its or their officers, agents or employe.. aforesaid, the Seller hereby agrees to assume be date= thereof and to defend the same at the Sellers awn expense, to pay any and all costs, cha pon..morays f and other expenses, any and all juAgmenair but may he incurred by or obuirned against the Purchaser or my of its at their office., agents or employees in such suits or other proceedings, and in rase judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits a, other proceedings, the Seller will at once came be same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, bireish and intall all guard necessary for tha prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, be Occupamoml Safety and Hanith Ad of 1970 and all rules and regulation issued parstmnt thereto. Revised 07=4