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HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - PURCHASE ORDER - 9144039 (4)PURCHASE ORDER PO Number Page City Of9144039 t of z ' `t Collins olli„C This number must appear �.I 1 ,�7 on all invoices, packing sli s and labels. Date: 11/26/2014 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 4 Change Order 3 1 LOT EA 885.91 5 Change Order 4 1 LOT EA 8,781.87 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing °Qfcgov.com PO Box 580 Fort Collins, CO 80522-0580 l�Si7t [�7T! fIC�rTtT[K7T�iG7� Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By mate the City airport Collier k exempt firm sine and Iwal taxes. Our Exemption Number is 11. NONWAIVER. 984W502. Federal Excise Tax Exemption Certificate of Registry 84-600058i is regisrmed with the Collerso, of Failure of the Purchaser to insist upon stairs performance of the terms and conditions hereof, failure or delay to Internal Ranme, Denver, Colorado (Ref Colorado Revised Stamm, 1973, Chapter 39-26, 114 (a), a is y rights m remedies pvidd herein or by law, failure to promptly many the Seller in the event of a my French, acceptance arm paymena for goods hereunder or approval ofthe daigo, shall not mlease the Seller of Goods Rejected, GOODS REJECTED due to failure m meet specifications, either what shipped or due to defer, of any of the wartanIt. m obligations of this purchase order and shall cot be tamed a waiver of my right of the damage in transit, may be remained in you for credit and are not to be replaced except upon receipt of wriden purchaser to insist upon strict performance hereof or my of its rights or remedies as to my such goods, regardless instructions firm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoded coal modification or resrission of this purchase order by the Purchaser operate as a waiver of my of the temr Inspection. GOODS are sabjat to fie City of Fan Collins inspection on arrival. bereof. Final Acceptance. Receipt of the machination. services or eq.I,. in response in this other can result in H. ASSIGNMENTOFANTITRUSTCLAIMS, authorised payment on the pan of fie City of Fan Collins. However, i, is m be midersmod that FINAL Seller and the Purchaser recognize that in actual ec is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for excreting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now hove or hereafter Freight Terms. Shipments mast be F.O.B., City of Fort Critics, 900 Woad St., Fort Collins, CO 80522, unless acquired under federal or sate an munit laws for such overcharges relating ao the particular goods or services otherwise specified on this order. if peamission is given to prepay freight and charge separately, the original freight purchased or acquird by the Purchaser pursowit to this purchase order. bill most accomnauv invoice. Additional charter, for ®ckine will not be accepted. Shipment Distance. Where mvn flan ers have distributing points in various parts 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 ftom greater duti nce. Peamits. Seller shall Procure al sellers solr cost all necessary fermi., mtihcmes and limma required by all applicable laws, malio nns, ordinances it cola of the state, municipality, mrtitory or political subdivision where the work is performed, or required by any other duly mnstimted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless from and against ell liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles .ad mgdrements. Autlwrir Lion. All gi nia W this ate met some that the representatives are, in fact, bow fide and pas. ss full and complete stahority 10 bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the moms and conditions stated herein sit forth and any supplementary or additional mama aad conditions annexed hereto or incorporated herein by reference. Any additional or di recent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT mundanely rely if ym eammt make ample, shipment as arise on your promised delivery dam as acted. Time is of fie ascnce. Delivery and prrformmme now be, effected within the aim, staled on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Indianan, acceptance mpanial Irate deliveries, shall operate as a woor, ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reamwbly foraaable which are brood its reasonable control and without its fault ofireglignme, such or. of God, acts ofcivil or military amharilia, governmental pounces, finis, strikes, flood, epidemic, wars or nods provided that nonce of the conditions causing such delay is given to the Purchaser s,,ithm five (5) days of fie time when the Seller first received knowledge thereof. In the event of my such delay, the &m of delivery shall be extended for the period equal to the lime actually last by mason of the delay. 3. WARRANTY. The Sella warrants that all grads, article, materials end work covered by this order will conform with applicable drawings, specifienor,, samples and/or other desrriptiow given, will he fit for the proposes intended. and Performed with the highest degree of nare and comperems in accordance with mceptd staodaad for work of a 'miler nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the pumhaup any defects or faults arising within one (1) year or within such longer period of time as may be prescribd by law or by the terms of my applicable waranty provided by the Seller ,fix, the dale of zcaptance of the good fumishd hereunder (mceptmce oW an be unxenmatably delayed), mauling firm imperial or defective work core or materials femishd by the, Sella. Acceptance or poor of goods by the Purchaser shall aW momentum e a waiver ofany claim under this warranty. Except as otherwise pounded in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing waromlies or guamntees, 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 terms by wriden change maker. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changr m the Isms, other than legal scans, including ink ikons to or deletions fiom on, quantities originally ordered in the specifications or drawings, by verbal or wntmn change order. 11any such change alias the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all p ammis of the gaols then of shipped, subject to any equitable adjustment between the parties c to any work or nmterials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental m mrreluentid dmnages, and that era such adjustment be made in favor of the Sella with rapect to my goods which art am Seller standard stack. No such Jena 6. shall relieve the Purchaser or fie Sella army ofcerr obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be coated within thirty (30) days form the lte the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goads sold hereunder shall hire been products, sold. delivered and f ishcd in strict compliance with all applicable laws and agilations to which the good are subject. The Sella shall execute and deliver such docomems as may he required to effect or evidence compliance. All laws and regulations required to b, roorpomed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by fie Purchaser as a mark of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mawfa, or convey this order, or my monies due or in become due hereunder without the prior watu n consent ads, other pang. 10. TITLE. The Seller unman. full, clean and una,diard title 1. the Purchaser fir all equipment, materials, and art. famished in performance of this agreement, free and clam of any and all liens, restrictiow, resersationa, security emus, encumbrances and claims afoferi. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be slimed upon by the Purchaser and the Seller, and the Seller 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 Seller shall pay all wars assaimed with such work. The Seller shall release hie Purchaser and itseentmcters of any tier from all liability and claims army. remhing firm the performance mach work. 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 of such party. The Settees contractual obligations, including warranty, shall not be deemts to be reduced, in any way, beaus, such work is performed in award to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or ,.as covered by letter, patent, trademark r copyright, the Seller shall indemnify and save Iwmleas the Purchaser firm any and all claims for infringement by reason of the use of such parented design, device, material or pmcaa in connection with fe contract, and shall indemnify the Pmchav r for any cost, expense or damage which it may be obligd to pay by rwmn of such infringement at any lime during the Incarnation no arc, the completes. of the work. In case said ecuipmms 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 enjoined, the Sella 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 substantially equal but noninfdnging equipment, or modify it an it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bammkmpl, make an ministrant tom the benefit of contacts, appoint a receiver or caustic for any of the Seller property or business, this order may fordmwith b, canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions of reran usd or rbe aterpetatim of hie agreement and the rights ofall parties hereunda shall be romtrd muter aM governed by the laws ofthe Stair of Colorado, USA. Thc following Additional Conditions apply only in cases where the Seller is to perform work herennalm, including the services of Sellers Rrpresentative(s), on the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall tarty, on said work at Series own risk until fe same u fully completed and accepted, and shall, in rase of my accident, destruction or injury m fie work andor materials before Sellers final completion and avermona, complete the work at Sellers own expense and to the satisfaction of the Purchase,. When materials and equipment are famished by others for installation or exertion by the Seller, the Sella shall rec,ive, wound store and handle same at the site and become responsible therefor in though such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Sella shall, at has own radmar, provide fir the paMan of workers campmsztiom, including ocrupso mml disease i mefu. m its employees employed on or in connection with the work covert by this porches, order, and/or to their dependents in accordance with the laws of the state in which the work is to the done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wish bwJily injury and death lime. of aI leas 5300,O00 for any one person, 55W,000 for any mo accident and property damage limit per accident of 54110,0001 The Sella shall likewise require his nnarmrs, irany, m provide fir such compenaadon and insurance. Before any m the Sewers or his contractors employees shall do any work upon the premises ofofers, the Serer shall furnish the Pumbwa with a adifiwm that such compensation and insurance have been provided. Such camficates shall specify the date whir such compensation and insurance have been provided. Such cenificmes shall specify the date when such aropenatim and insurance expires. The Seller agates that such compensation and insurance shall be maintained until after the attire work is completed and accrpmd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the more responsibility and liability far my and all damage, loss m injury of my kind or nvrure whatsoever 1. persons or p nnerry caused by m resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold branders 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 induce, and Whittier to games or pmpet,y to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default ern the part of the Sella, my of his contractors, or my of doe Sellers or contractors officer, agents or rmplaycea. In crop, my sal Or other praedings shall be bought against the Purchasa, or its officers, spects or employees a my time an account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all cosh, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchvser or my of its or their Orders, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obmimd agaimt the property ofthe Purchaser, m said parties sir or as is rand, nfsuch suits m Whir low eeEngs, the Sella will a, ono cause flue same to be dissolved and d'rchiagd by giving bond or mbrnvise. The Sella and his cmbxaors shall take ell safety precautions furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issud pursumt thereto. Revised 0712014