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HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - PURCHASE ORDER - 9144039 (3)PO PURCHASE ORDER 914403er Page City of PURCHASE 44039 1 of 2 C6rtCollins( his number must appear v 1 1�7 on all invoices, packing sli s and labels. Date: 10/20/2014 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 3 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.com 1 LOT EA 2,280.00 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 Coll im is exempt from stare and local taxes. Our Exemption Number is 11. NONWAIVER. 98-M502. Federal Excise Tax Exemption Certific ld of Registry For6-600058] is registered with the Collector of Failure of the Purchaser to insist upon shin performance of the team am conditions hereof, failure or delay to lntemal Revenue, Denver, Colorado (Ref Calcium Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure in promptly warily the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall now release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of my of the anomalies a obligations of this pmrchase order and shall not be, deemed a waiver of any right of the damage in transit, nay, be retuned to you for credit and are act to be replaced except upon receipt of whin purcba er to insist upon sect pert shoe hereof or any of its rights or remedies as to my such goods, regardless immature, from the City of Fon Collins, of wham shipped, received or accepted, m to any prior. subsequent default hmuvder, we sbrll any puryomd am] modification or rescission of this purchase order by the Ruchaser apemte u a waiver of any of the human Inspection. GOODS art subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mcmhmrdise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autM1miud payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and re Purchaser recognize that in armal economic practice, overchages resulting from antitrust ACCEPTANCE is dependem upon completion of all applicable required inspmtion procedures, violations are in fact home by the purchaser. Theretoforenforr good muse and as consideration for exa Ming this purchw order, the Seller hereby assigns by the Purchaser any and all claims it may, now lave or hertader Freight Tern. Shipments mutt be F.O.B., City of Fort Collins, 700 Wood Se, Fan Callum, CO 80522, unless acquired under federal . sure antitrust laws for such overcharges relating to the particular good or services orervnse specified on this odder. Upermission is giver to prepay freight and charge separately, the original freight Earthward! or acquired by the Furchsser pursuant 1. this purchase order. bill most accompany bound. Additioml charge, for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment forward. Wheat manufxturers have distributing prince in warions pans of the wintry, shipment is I fee Purchaser dureccs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the expected train the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Punchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser shipments aR made from greater distance. may muse the work to be pmformal by the man expeditions meal .,]able to it, and re Seller shall pay till costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, canneries and licenses requital by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly wnstimted public authority havingjurnalartion over the work of vend., Seller further agrees to hold the City of For Collins hornless from and against all liability and loss incurred by them by reason of an won ned or established violation of any such laws, regulations, ordinances, roles and commandants. Authoriaatim. All parties ,, this contract agree that the representatives are, in fact, bona fide and possess full and ompled anth ggy to bind said Parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein at forth and any supplementary or additional terms and conditions annexed hares, or incommaled herein by reference. Any additional or di Brand terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ify.0 carom make complete shipment to anise on your promised delivery date as noted. Time is of the essence. Delivery and performance muss be etfectad within the time stated on the purchase order and the documents attached harem. No date of the Purchasers including, without limitation, acceptance of partial late deliveries, shall .reme as a waiver of this provision In the m'cut army delay, the Purchaser Out have, in addition to other legal and equitable remedies, the option of placing Has order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result ofdelays due to causes not reasombly foreseeable which we beyond its rmsonable control add without its rule of nerfgeneq such an. fG.L mtsofewil a military authorities. go duarraul Ismailia.) s, Indoor, Rood, epidemics, wars. riots provided that notice of the conditions causing such delay is given in the Purchaser within five (5) days of re Lima when rbe Seller first received knowledge thereof In the and of any such delay, the date of delivery shall be extended for the period equal to the time acoully lost by rmmn argue delay. 3. WARRANTY. The Seller warmts dot all good, articles, materials and work covered by this mda will wNarm win applicable drawings, specifications, sampl. andr. other demnptioou gives will be to for the purposes fi tended, .d performed with the highest degree of core and competence in accordance with accepted standard for work of a similar retire. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which re Purchaser may suffer aIncur on me..... f the Sell. breach of warmwry. The Seller shall replace, card a make good, without cost o the purchase, any defects or faults arising within one (1) year or wiruv such longer period of time m may be Prescribed by Law at by the temp ofmy applicable warranty p resided by the Seller after the date of acceptance of the good fumished hereunder (accepu"e not to be unreawdably delayed), resulting from imperfect or defective work done or materials fumlshed by the Sella. Acceptance or use of goad by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damggn proximately caused by the breach of any of the foregoing wammies or ganmntres, but such liability shall in no event include loss of pm fits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI4ANG ES IN LEGAL TERMS. The Purchaser may make changes to legal more by wrinan change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchssran may make y changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change affects the amount due or the has, of performance hereunder, an equitable adjustment shall be made. 6. TERMINAT IONS. The Purchaser may at any time by written change order, terminate cis agreement m to any or all portions of the goods than not shipped, subject to any equitable adjustment between the parties as b any work or marmots then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on On uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjusment be made in favor of he Seller with respect to any good which an the Sellers sandard stock. No such temtidation shall relieve He Purchaser or the Seller of any oftheir obligations m m any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be awned within thirty (30) days from she date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller w.ex that all good sold hereunder shall have been produced, sold, delivered seed famished in strict compliance win all applicable laws and regulations 0 which the goods we subject. The Seller shall madarle and deliver such documents as may he requirts to effect ar evidence compliance. All laws and regulations required to be ncoryonted in agreements of this character aR hereby incorporated herein by this ref ee. The Sella agrees to indemnify and hold the Purchaser hmmless tram all costs and damages surfaced by the Purchaser as a mull of the Sellers failure to comply win such Law. 9. ASSIGNMENT. Neither party, shall resign, moufear, a coney this order, or any minutes due or in became due heredrdm without the prior said. consent ofthe tither Party. 10. TITLE. The Seller warrants full, clear and tin estrined title to the Purchaser for all equipment, rwtemals, and item fumuhnd in performance of this agreement, fare cod clear of any and all liens, mancoons, reservation, wourury, interest encumbrances and claims of others. The Seller shall releme the Purchaser and its originators of any tier from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the party relearal and shall extend to the directors, aft orri end employees afsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced in tiny way, because such work is performed or caused to be performed by the Puahaem. 14. PATENTS. Whenever the Seller is required to use any design, device, material or prams, covered by Inner, patent, 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 palear ed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution m after the completion of the work, in case said equipment, or any part thereof or the intended me of the goad, is in such suit held to constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the eight to continue using said equipment or pions, replace the same with substantially equal but ...infnngung equipment, a modify it so it becomes noninfdngiug. 15. INSOLVENCY. If the Seller shall become insolvent ad banlwpt, make an assignment for re benefit of creditors, appoint a receives or fasted for any of the Sellers properry ar business, this polar may fonhwirh be camelal by the Purchaser warning liability. 16. GOVERNING LAW. The definitions; afterm used. die interpreation of the agreement and the tights ofaR ponies hereunder shaft be amounted under and governed by the laws ofthe State of Colando, USA. The following Additional Conditions apply only in onfirs where re Seller is to PaR wart hereunder, including re Armies of Sellers Represenutive(s), on the premisss ofathen. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's own mk until the same is fully completed and accepted, and shall, in case of my occident, destruction or injury m the work and/or firaterials before Seller's final completion and acceptame, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and expripmem are furnished by afters for installation or crcnion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andor urylpment were being fumlshal 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 win the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited to, conmetual and automobile public liability insurance with bodily injury and death limits or at least $3W,IX00 for any one person, $500.000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his .praetors, if any, to provide for such compensation and insurance. Before very of the Sullen or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Function, with a rati ldr, that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until agar the entire work is completed and ancepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility, and liability for any and all damage. loss or injury of., kind or nswn whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any a all of he Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct. indirect and whereto person or property to which the Purchaser may be put or subject by reason of any der action, neglect omission or default on the pan or the Sella, any of his contractors, or any of the Seller . contractors officers, agents . employ"$. In cw any suit Or other proceedings shall be brought against the Purchase, or its officers, agents or employees a any time on account or by reason of any act, action, neglect, omission . default of the Seller of any of his wntranors or my of its or Back ourday agents a employees m aforevid, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers awn expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgmamu that may be incumd by or obtained agauout use Purchaser ar my arm or their oMo., agents a employees in such gaits or other pr.ecdings, and in case judgment or other firm be placed aeon or obtained against the property, of the Purchaser, or said parties in or as a result of each sum or other proceedings, the Seller will at once muse the same m be dissolved and discharged by giving bond or cremate. The Seller and his contractors shall Like all safety, pm=iom, famish and install all guards accessary for the prevention of accidents, comply with all laws and regulations$ with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all sales and regulations issued Pursuant rent Revised 07R014