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HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - PURCHASE ORDER - 9162947 (5)PURCHASE ORDER PO Number Page r City Of///��� 9162947 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/13/2016 Vendor: 113060 Ship To: ENGINEERING DIVISION MOUNTAIN CONSTRUCTORS INC CITY OF FORT COLLINS PO BOX 405 281 N COLLEGE AVE PLATTEVILLE CO 80651-0405 FORT COLLINS CO 80521 Delivery Date: 05/13/2016 Buyer: ELLIOT DALE Note: Line Description Quantity Ordered UOM Unit Price Extended Price I Timberline & Prospect 1 LOT LS 3,192,768.34 Engineering portion PER TERMS AND CONDITIONS OF BID 8266 AND AGREEMENT DATED 5/10/2016. 2 Timberline & Prospect 1 LOT EA 108,243.64 Parks portion 3 Timberline & Prospect 1 LOT EA 149,955.00 Streets portion 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 $3,450,966.98 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 I COMMERCIAL DETAILS Tax exemptions By station, the City of Fort Collins is exempt from smile and local taxes. Our Exemption Number is 11. NONWAIVER 98-04502 Federal Excise Tax Exemption Certificate of Registry, 84-6000597 is registered with the Collector of Failure of the Purchaser to msist upon strict performance of the terms and conditions hereof, failure or delay to lot..[ Revenue, Denver, Colorado (Bar Colorado Revised Statures 1973. Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, falure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure 1a meet speaficatiom, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser in insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless instructions from the Cite of Fart Collins of when shipped received or accepted, as many 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 Inspection. GOODS are subject to the City of Fort Collins inspection on arrival hereof Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection proceduresviolations are in fact home by the Purchaser Theretofore, for good cause and is consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F O 0., 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 goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the anginal freight purchased or acquired by the Purchaser pursuant to this purchase order bill must accompany invoice..Addimmal charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in venous parrs of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest drsmbution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made room greater distancemay cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work Permits. Seller shall procure at sellers sole cost all necessary permits, cemficates and licenses required by all applicable laws, regulators, ordinances and rules of the sate, municipality, ternary or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such lawsregulations, ordinances, rules and requirements Authorization. All parties to dos contract agree that the represenanves are, in fact, bona fide and possess full and complete authority in bind said panes LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE .ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date m noted. Time is of the essence Delivery and performance aim be effected within the time stated on the purchase order and the documents attached hereto No was of the Purchasers including, without limitation, acceptance of facial late deliveries, shall operate as a waver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall net be liable for damages as a result of delays due in causes not reasonably foreseeable which we beyond its reasonable control and vnthout its fault of negligence, such acts of God, sets of civil or military authorities, governmental pnonties, fries. sakes, flood, epidemics, wars or nob 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 any such delay, the dine of delivery shall be extended for the period equal to the time actually lost by reason of the delay 3 WARRANTY The Sella warrants that all goods, articles, mannals 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 performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. 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 breach of warranty The Seller shall replace. repair or make good whthour cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be prescnbed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of any clam under this warranty Except w otherwise provided in this purchase order, the Sellers Lability hereunder shall extend in 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 temps by written change order 5 CHANGES IN COMMERCIAL TERMS The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities ongi edly ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement ax to any or all portions of the goods then not shipped subject to any equitable adjustment between the panes as many work or materials then in progress provided that the Purchaser shall not be liable for any clams for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goods which are the Sellers standard sock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder 7 CLAIMS FOR ADJUSTMENT Any clam for adjustment most be asserted within thirty (30) days from the date the change or ¢rmmatran is ordered. 8 COMPLIANCE WITH LAW The Seller warrants that all goads sold hereunder shall have been produced, sold delivered and furnished in met compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulations required to be incorporated 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 the Purchaser as a result of the Sellers failure to comply with such law 9 ASSIGNMENT Neitherparry shall assign, transfer. or convey this order. or any monies due or m become due hereander whhour the prior written consent of the other parry 10 TITLE. The Seller warrants full, clear and unresoxred tide in the Purchaser for all equipment materials, and hems furnished in performance of this agreement free and clear of any and all hens, restrictions, reservations, secunty, interest encumbrances and claims of others The Seller shall at.. the Purchaser and its owaracmrs of anv tier from all liability and clams of any nature resulting from the performance of such 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 parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced many 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, =Wrist or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all clams for infringement by reason of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which a may be obliged to pay by reason of such infringement many nine during the prosecution or afar the completion of the work In case surd equipment, or any pan thereof or the intended use of the goods, is in such suit held in constitute 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 noninfrmghng equipment, or modify it so it becomes nomnfnngng 15. INSOLVENCY If the Seller shall become insolvent or bankmpt stake an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without Lability 16. GOVERNING LAW The definitions afterms used or the interpretaoon of the agreement and the rights trail fames hereunder shall he construed under and governed by the laws of the State of Colorado, USA The following Additional Conditions apply only in cases where the Sailer is to perform work hereunder, including the services of Sellers Represenative(s), on the premises of others. 17. SELLERS RESPONSIBILITY The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work in Setters own 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 in the site and become responsible therefor as though such rumenals and/or equipment were being furnished by the Seller under the order I8. INSURANCE. The Seller shall, a his own expense, provide for the payment of workers compensation, including occupational disease benefits, w its employees employed on or in connection with the work covered by this purchase order, and/or to thear 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, but not limited to, contractual and automobile public Lability insurance with bodily injury and death limns of at least $300,000 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 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 when, the Seller shall furnish the Purchaser with a certificate 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 after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and Lability for any and all damage, loss or injury of any kind or nature whatsoever in 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 or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or property in which the Purchaser may be put or subject by reason 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 case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees many 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 other 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 sum or other proceedings, and in case judgment or other Len be placed upon or obtained against the property of the Purchaser, or said panes in or as a result of such seats or other proceedings, the Seller wall at once cause the same m be dissolved and discharged by giving bond or otherwise The Seller and his omwimars shall take all safety precautions, fomish and install all guards 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 rules and regulations issued pursuant thereto Revised 0312010