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HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - PURCHASE ORDER - 9144039 (2)City of PURCHASE ORDER F„6rt Collins Date: 09/02/2014 Vendor: 113060 MOUNTAIN CONSTRUCTORS INC PO BOX 405 PLATTEVILLE CO 80651-0405 Date: 07/17/2014 PO Number Page 9144039 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order 1 1 LOT EA 1,295.00 ,sn f � P14 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 $1,295.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City Of Fan Collins is exempt form state and local taxes. Our Exemption Number is 11. NON WAIVER. 9H4W502. Federal Excise Tax Exemption Cenificam 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, failure or delay to Internal Revenue, Denver, Colorado (get Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, Ihilure to pmmpBy notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval bribe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due W failure to men specifications, either when shipped or due m defeck, of WY of the wmramles or obligations of this purchase order and shall not be deemed a waiver of any eight of the damage in mansil. may be tutored to you for credit and are not to he replaced except upon Receipt of wriir Purchaser he mass upon mint Performance hereo(or any of its rights or remedies as to any such good, regardless instructions from the City of Fort Collins, of when shipped, received or accepted, as in any prior m subsequent default hsreuda, nor shall any imported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the moss Inspection. GOODS am subject o the City of Fort Collirs inspection oa incest. hereof. Final Acceptance. Receipt of the merchandise, se or q.i,..t in response to this miler co.a mail, in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. un mmsed payment on the pan of the City of Too Collins. However, it is . be understood tlist FINAL Sella and the Purchaser recognize that in actual e e practice, o acherges resulting from antitrust ACCEPTANCE is dependent upon completion of at l applicable required inspection procedures. violations art in fact home by the Purchaser. Thernafore nfor good cause and as consideration for exemting this purchase order, the Seller hereby assigns ro the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be EO.D, City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good of services otherwise specified oa this order. If pmnissian is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser porn ant to this purchase order. bill most uncommon, invoice. Additional chimes for aackine, will not be accepted. Shipment Distance. Where manufacnuers have diandicang point is vancns parts of the country, shipment is expected fact de nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from 6r ata dktunce. Permits. Seller shall procure at sellers sole cost all necessary 'nor", "indicates and licenses required by all applicable laws, regulations, ordinances and roles of the smm, municipality, mmimry or political subdivision where the work is Performed, or required by any other duly cautioned public authority luting jurisdiction over the work of vendor. Seller further agrees to hold the City of Tom Collins harmless from and against all liability and loss inewM by them by reawa of an assened or established violation of any such laws, regulations, ordinances, roles .it requirements. Authorization. All Ponies to this contract agree that the representatives arc, in fact, bona fide and possess full and omplere authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and condition, sated herein set ford and :my supplemenary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller art objected to wd hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you Uri., make complete shipment to arrive on you, promised delivery dam n noted. Time is of the Estate. Delivery and performance most be a@cted within the time slated on de purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pmGI late deliveries, shall operate as 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 ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall net be liable to, damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasormble control and without its fault of negligence, such arts of God, acts ofcivil or military atuhodlies, grecommend priorities, fires, strikes, flood, epidemics, was or mots provided that notice of the condnimss causing such delay is given to the Purchaser within five (5) days of the time when de Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the penal puff to doe time actually lost by reawn of d, delay. 3. WARRANTY. The Seller warrants that all goods, amides, rona als and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and compneace in accordumE with accepted sandard for work of a similar tmtme. The Seller agrees to hold dae purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur oa account of de Sellers breach of warranty. The Seller shall replace, repai, or make good, without cost to the purchamq any defects or faces arising within one (1) year or within such longer period of time as may be pmcribed by law or by the terms crony applicable womanly provided by the Seller after the date of acceptance of the guests famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not oustiwre a waiver of any claim under this warmty. Except as otherwise provided in this purchase order, the Sellers linbriny hereunder shall extend to all damages proximately .used by the breach of any of the foregoing warranties or guarantees, but 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 terms by krinm change area 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the menu, other than legal team, including additions to or deletions from the quicanows originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the mutation due or the time of performance hereunder, an equitable adjustmeal shall Ice made. 6. TERMINATIONS. I he Purchaser may at any time by women change order, momente this agreement as to any or all Rumors of the goods den not shipped, subject 0 any equitable adjumnent Firemen the panics as to any work or materials den in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion arms, good andfor work, for incidental or consequential damages, and that as, such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such mmtimaim, shall nelave the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for ad,,arren, muss be mounted within dairy (30) days from the data the change or Irradiation is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all goad mid hereunder shall have been produced, sold, delivered end famished in strict compliance with all applicable laws and mgulalions m which the goods am subject. The Seller shall execute and deliver such duvuunents as may be rquiml to affect or evidence compliance. All laws aril regulatiors regained to be incorporated in agreements of this character see hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, uansfeq a convey this aides, or any mania due m to become due hcmundcr without the prior worm contra, of dre other pasty. 10. TITLE. The Seiler ..is full, them and twestmcd d title to de Purchaser for all equipment, materials, and items famished in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to corer nonconforming or defective good by a dale to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be perfcmud by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its cornranors of any tier from all liability and claims of any nature resulting from the performance ofsuch woo. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed in be reduced, in any way, bmanse such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, µaent, trademark or copyright the Seller shall indemnify and save farmers the Purchaser from any and all claims for inGngemern by matter of the use of such pmeamd deign, des re, material or process in connection with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may Ix obliged to pay by reason of such infnngerncn, at my time during the prosecution or after the completion of the work. In case said Equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and de use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Powlecar the right to continue using said equipment or parts, replace the same with substantially pool but noninfiinging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shot] become insolvent or badmpt, make an assignment for the benefit of creditors, appoint a onewer or .,,a for any of the Sellers property or business, this When may forthwith be, conMed by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms rsed or the Ratification of the agreement and de rights i f all Wair, hereunder shall be constoN under and g .,it by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repromear,ive(s), on de premiss of orders. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk uad) the same ex Silly completed and racepled, and shall. erne of any accident destruction or injury to the wort and/or mmedals before Sellers fcal cornpinlon and acceptance, complete the work at Sellers our expertise and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or emtion by the Sella, de Seller shall receive, unload, store and handle some at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. . 18. INSURANCE. TM 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, area, ardor to their depended. in accordame with dae laws of $a sate as which the work is to be done. The Seller shall also carry comprehensive general liability inclnding, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least Sure." far any one person, 5500,000 for any one accident and property damage limn per accident of $40C.". The Seller shall likewise meant his contractors, it any, to provide for such compensation and insurance. Before any of the Sellers or his reanimates employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and inumnec Save beat provided. Such certificates shall specify the date when such compensation and mover ace have been provided. Such certificates shall specify de date when such compeumion and insumme Expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is ompleed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability For vmy and all damage, loss or may of any kind or ounce whatsoever to persons or pmpam caused by or resulting from fle execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold Families the Purchaser and any r all of the Purchasers officers, agents am employees from and against any and all claims, hisses, damages, charges or expenses, wheeler direct or indirect, and whether to percent or property to which the Purchaser may be, Put or subject by reason of any rat, ration neglect, omission or default on the Pan of the Sella, any affair contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, aim. or employees at any time on account or by r awn of any act, action, neglect, omission or default of the Seller of any of his evaluation or ivy of in or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmens that may be inured by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien he placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or oiler proceedings, the Seiler will in once cause the same to be dissolved and discharged by giving Ford or otherwise. The Sella and his contractors shdl take all safety precautions, Finnish and install all guard necessary for de proem on of accidents, comply with all laws and Regulations with island to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuam theme. Revised 0712014