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HomeMy WebLinkAbout433987 MORTENSON CONSTRUCTION - PURCHASE ORDER - 9150266Fort Collins PURCHASE ORDER PO Number Page 9150266 1012 This number must appear on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 433987 Ship To: DOWNTOWN DEVELOPMENT AU MORTENSON CONSTRUCTION #19 OLD TOWN SQUARE, SUITE 1217 E ELIZABETH STREET FORT COLLINS CO 80524 SUITE 4 FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Mortenson OTS PSA 1 LOT LS 50,000.00 Dated 1-7-15 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@fogov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By starred the City of Fort Collins is exempt from slide and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered wilt the Collector of Interval Revenue, Denver, Colorado (Ref. Colorado Revised Spread.. 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be whadual to you far credit and are not to be replocd except uppm receipt of written instructions from the City effort Collins. Inspection. GOODS are subject to tie City of Fort Collins inspection on arrival. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of FortCollins However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedmcs. Freight Terrns. Shipments must be F.O.D., City of Fort Collins, 700 Wood Sr-, Fort Collins, CO 80522, unless otherwise speelfied on this code, If pemaissien is given to prepay freight and charge separately, the original (eight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is exper ed from the nearest distribution paint to desloodepn, suit excess freight will he deducted from Incomes, when sbipmento are made firm greater distance. Permits Seller shall procure at sellers sole cast all necessary permits, certificates and licenses retained by all applicable laws, regulations, ordinances and miles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constipted public authority having jurisdiction aver the work of vendor. Seller Further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and ...Plate authority, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits cceptance to the terms and conditions slated M1erein set ford and any supplementary or additional terms and conditions almexed hereto or incorporated herein by extricates. Any additional or different terms and conditions proposed by seller are objected W and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmisd dehvery date as mold. Time Is of fie essence. Delivery and pumbr oance most 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 any delay, the Purchaser bell have, is addition m other legal and equitable remedies, the option of pl.a,, this order elsewhere and holding the Seller liable [err damages. However, the Seller shall act he liable Far damages sm a result of delays due to causes and reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govermnental priorities, fires, strikes, food, epidemics, wars or noes provided Fiat notice of the conditions causing such delay is given In the Purchaser within five (5) days of the fime when the Seller first received knowledge thereof. In Fie event of any such delay, the date of delivery shall he extended for the period alual to the fime a Why lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gods, articles, materials and work covered by this order will comment with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with rate highest degree of care and competitors in accordance with accepted smrdarde for work of a milar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofte hSellers breach of waramy. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time an may be presedbd by law or by the arms of any applicable warranty provided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not cooperate a waiver of any claim under this warenry. Except as 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 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 written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal arms, including acditime, to or deletions from the quaount, originally ordered In the sped fcations or drawings, by verbal or wnnen change orderif any such change affects the amount due or the time ofpedomoance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, moninam this agreement as to any or all portions of the goads then not shipped, .object te any equitable adjustment between the parties as to any work or amounts than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or cousequenlial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such examination shall relieve the Purchaser or the Seller ofany of their obligations as b any goads delivered hereander. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or mrminalon is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shell have been produced, sold, delivered and famished in soma compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents ma may be required to effect or evidence compliance. All laws and regulations required to be aceopr a ed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees do 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 party shall assign, transfer, or convey this order, or any manes due or to became due hereunder without the prior wonder consent of the other party. 10. TITLE. The Seller warrants full, clear and uninstructed title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofmhers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the arms, and conditions hereof, failure or delay to exposise any rights or muddies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval oflhe design, shall.. nalawas the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Touch.... to insist upon spin performance hereof or any of its rights ra remedies as m any such goods, regardless of when shipped received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from enthrall violations are in fact home by the Purchaser. Theretofore,nfolgood cause and as consideration for returning this penahase order, the Seller hereby assigns to the Purchaut any and all claims it may now have or hersaftel acquired under federal or state antitrust laws for such overcharges relining to the particular goods or services Purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillm,new to comply, the Tradition may cause the work to be performed by the pear expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release doe Purchaser and its contractors of any tier from all liability and claims of any repay resulting firm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officers ad employees of such party. The Settees cantramual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work Is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by liner, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in cormection 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 or after the completion of the work. to case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to audience infringement and the use of said equipment or part is enjoined, the Seller 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 noninlHnging equipment, or modify it so it becomes norwofringing. 15. INSOLVENCY. If the Sell,, shall became insolvent or bonkmph make an assigmnent fir the benefit of creditors, appoint a receiver or massive for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions options used or the interpretation of the agreement and the rights of all parties hereunder shall be command under and govemd by the laws of Fie State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of'Sellers Rep secon ive(s), on the premises efothers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until toe same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, 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 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 with the work covered by this pmeM1ase order, and/or to their dependants 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, but not limited to, contacpal and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one persoq S500,000 for any one accident and property damage limit per accident of 540g000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, tie Seller shall famish the purchaser with a certificate that such compensation and instance 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 insurrionce expires. The Seller agrees that such compensation and insurance shall be nownrequil until infer the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabil of for any and all damage, loss or injury of any kind or naure whatsoever to persons or pmperry ..it by....salting 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 r all of the Purchasers officers, agents and employees fmm and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property as which the Purchaser may be put or subject by reawn of any act, action, neglect, omission or default on the Part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In press any suit or other proceedings shall be brought agoiurt the Purcho.m, or its officers, agents or employees at my time on account or by reason of any act action, neglect, omission or default of the Seller of any 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 any and all costs, charges, attorneys fees and office expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against he property of the purcM1aser, or said parties in or res a result of such arias or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all set* precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard te safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 072014