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HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - PURCHASE ORDER - 9115281PO PURCHASE ORDER 9115281r Page City, off z Fort Collinsfl This number must appear /, V " on all invoices, packing slips and labels. Date: 09/13/2011 Vendor: 150588 Ship To: ENGINEERING DIVISION WALSH CONSTRUCTION INC CITY OF FORT COLLINS 8139 OPEN VIEW PLACE 281 N COLLEGE AVE LOVELAND Colorado 80537 FORT COLLINS Colorado 80521 Delivery Date: 09/12/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price I City Bridge Program 1 LOT LS 73,433.00 7268 Linden St.Bridge Rprs. PER TERMS AND CONDITIONS OF BID 7268 AND AGREEMENT DATED 9-13-11 Total vInvoice Address: City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-2216707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teams and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By name the City of Fort Collins is exempt from state and local ownw Our Exemption Number is I I. NONWANER. 98-04502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 is registered with the Collate of Failure of the Pumhasn to insist upon snip performance of the team and conditions bermf, failure at delay to Internal Revenue, Denver, Colorado (Ref. Coloradu Revised Stanum 1973. Chapter 39-26,114 by exercise any rights or remedies provided herein or by has, failure to tromp ly nafify the Sella in the event of a bench, the acceptance ofor payment fro floods hermnda or approval of the denim, shall not rcleeae the Seller of Goods Rejected, GOODS REJECTED due to failum m most spmifiestums, either when shipped or due to cafans of any of the warmmins or obligations of this Purchau oNer end shall not be deemed a waiver of any right of the damage in permit may be, rammed to you fro credit and arc not to he reposed except upon receipt of wrinm purchaser to insist upon stria paf once here'ofo any afits right orremedics m to any such goods, regardless arommc. fmm the Cityof Fiat Collins, of when shipped, received or accepted, as to my prior or subsequent default hemander, nor shall airy prarpmted park modification or rescission of this Mundane under by the Purchsmr operate as a waiver of any of the 1. Inspection. GOODS art subject on the City ofFmt Collins inspection an arrival, bgr.E Final Acceptance. Receipl of the merchandise, services or anuipment in response to tht under can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amMoiced peymimt on the pan of the City of Too Collins. Howavn, it is to be understood that FINAL Seller and the Purchaser postpone that in actual ecmornic practice, overcharges resulting from contrast ACCEPTANCE is dcpndem upon completion fall .,liable squired barroom. prolures, airline. are in fact Mere by the Puahaser. Theretofore, far good mine aM ss mmideratim fro uemting this purchase oNer, the Sella hereby me,, to the Purchaser any and all claims it may now have or haeaRn Freight Tema& Shipmenu most be F O.B.. City of Fort Collins. Way Wood St., Fm Collins, CO 80522, uNess sequved maker federal or sta¢ mining laws fro such ovachames relation to the puticulm goods per services oB,erwiu specified on this order. if permission la given to prepay freight and change separately, the original freight pwchmed rchn farmers acquired by the Pumus to this purthau order. bill most accompany invoice Additional cbergm for puking will not be, acrepted. I- - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. - Shipment Distance. Where manufacturers have distributing paint in venom pros of the counts. shipment is Ifthe Purchaser dime the Seller to correct nonconforming at damome good by a auto to be agreed open by the expected from the nearest distribution point to danmtion, end a.. freight will be daheted from Invoice at. Pmchmer mod the Sella, and the Sella theasfer indiapes its inability or umvillingness to comply, the Purchaser shipments me made from greater distance may muse the work to be performed by the meet expeditions means available to it and the Sella shall pay all - cores associated with such woh. Permit. Sella shall Mccme al sellers In cost all no—, permits, cenificares and licensor nerved by all applicable laws, .,]an.s, atdicances mid rules of the state, mmicipally, m rimry ar natural subdivision whom the work is performed, an required by any other duly contained public authoriry having jurisdiction over the winds of vendor. Seller fimhm agrees to hold the City of Fan Collins harmless from and aping all liability end loss incurred by them by reman of an armed or established violation of any such laws, regulations, ordimncm, elm and requirement. Auth nicarem. All pines m this comas agree that the representatives me, in fact, bone fide end possess full and complete authority to bind mid panim. LIMITATION OF TERMS. This Purchase Order chmemly limits hero mace to the Irons end conditions stated herein so forth and any saWlemenmry or additional terms and conditions e.exed hereto or incorporated herein by reference. Any additional or diffigent rears and conditions propotcd by sellor are objected to and booby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery as noted. Time is of the eseence. Delivery and performance must be effecrcd within the time stated do the purchase order and the document attached hereto. No acts of the Pumhascrs including, without Joia6or. aecepecom of partial late deliveries, shell .prate as a waiver ofthn; provision. In the event of any delay, the Purchaser shall have, in addition to other legal and winnable comedies, the option afplacing this order elsowheu and holding the Seller liable for damages. However, the Seieiler shall not be liable fro dammm as a result of delays due to musm not rcmonably Locatable which are beyond in reasonable control and without in fault ofnegligcnce, such act of God, act ofeivil Or military authorities, governmental priorities, free, strikes. Bond, epidemics, wan or riot Musical that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella fast received knowledge thereof. In the event of any such delay, the dare of delivery shall be extended for the paint annul to the time actually lost by roman afthe delay. 3. WARRANTY, The Sella woman chat all goods, articles, materials and work covered by this order will campaign with applicable drawings, specifications, sampler and/or other descriptions given, will he fit fro the purposes intended, and pert nd with the highest degree of ram and competence in accordance with accepted standard fro work of a similar miteare. The Sella agrees to hold the maahosa Food. from wry loss, damage a expense which the Forgot ten may suRa ac or in. on cent of the Sellers breach of wamny. The Sella shall replacean, repair make goad, vithoul cent to the purclaser, on, actions or fauhs arising within one (1) year or within such longer paind of time as may be prescribed by law or by the to. if., applicable warmny provided by the Sella after the date of scanning, of the goods fnnishcd haeundo (accepame not to be unreasonably delayed), resulting from imperfect in dcRnive wok done or materials fi reashN by the Sella. Acceptance or am of good by the Pmchma shall not constitute a waives of any claim under this wmanty. Except m otherwise provided in this purchaw order, the Sellers liability hereunder shall extend to all damages prosimamly camcd by the breach of any of the foregoing waronYes or program. but such liability shall in no event include loss of paths at Into of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF ITINESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by wrinen change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Pura mer may make any changes to the temp. other than toga) torn, including additions to or deletions from the nomenhes originally oNned m the specifications m drawings, by verbal a samor change order . If any such change eReedu e e amount due a the time ofper(anods. eehunea opkable udjmmmshhaant all nude_ 6. TERMINATIONS, The Purel mer may at any time by written change order, marriage this agreement as to any or all ponies ofthc goods then net shipped, subject to any equitable adjustment bargain the Wrtim as to any wok or materials then in propem provided that the Pu¢hnwn shall not be liable fro any claims fro anticipated profits on the umompkead Portion ofthc goods and/or wok, for incidental or conu prentiel damages, crd that no such adjustment be made in favor of the Sella with respect to my goods whim are the Solar standard soak No such termination shall relieve the Purcbagoathe Sella afory oFiber, obligations, es m any goods delivered hereunder. 9. CLAIMS FOR AD3USTMENT. Any claim fro adjustment most be masted within thirty (30) days fan the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold Muundn shall have been produced, sold, delivered and famished in sttict ompliance with all appliable laws and regulations to which the goods me subject The Sella shall execute and deliver such documents m may be required to effort of evidence compliance, All laws and regulations required m be nwryoested In agreement of this character are hereby incomaated heroin by this reference The Sella agrees to indemnify and held the Purchaser harmless from dl casts end damages suffered by the Purchaser as a result of the Scllera failure to comply with such has. 9. ASSIGNMENT. Neither parry shall ensign, transfer, or convey this oNer, or any monies due or to become due hereunder wiflouuhe Prior written consent afthe other May. 10. TITLE. The Sellorwmnnt full, clear and integrated! title to the Nothascr forall equipment materials, and items firmished in Performance of this agreement free and clear of any, and all liens, restrictions, mamations, security interest anumnatimes end claims af.thems. TM Seller shall bill the Purchaser grd its contractors of any arm fiver all liability and claims .f any nutum totaling, front the Forbearance of such work. This m eme shall apply even in the event of fault of negligence of the party relmsc l era shall expand to the dirmors, officers mad employee afoot party. The Seller's cndamem al obligations, including warranty, shall not he lamed Ira M coduced, many way, because such work is perfommM or mused to be performed by the Pitchman.. . M PATENTS. Whenever the Seller is required to tax any design, device, material or process covered by leas, patent trademark an copyright the Seller shall indemnify end save harmiss the Purchaser fmm any aad all claims for infringement by emon of the on of such patented design, device, materiel or process in connection with the resonant, and shall indemnify the Purchaser fro any cent expense or damage which it may be obliged to pay by reason of such infingement at any time during the prosecution or after the compleion of the work. In ease mid equipment or any pan thereof err the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or not is enjoined, the Seller shall, m its own expense and at it option, either procure for the Purchaser the night to continue using mid equipment in pans, replace the come with substantially equal but no ffifimgingequipment, or modify it so it Mcomes n.infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of aedimrs, appoint a rxx ivar or testa fro any of the Sell. properly or business, this order may forthwith be ciricela l by the Parchisto mhom liabiift I., I . 16. GOVERNING LAW. The definitions oftams used or the interpretation ofthc agreement and the night ofall parties hereunder shall he consnuaf under sad governed by the laws ofthc State ofColondo; USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services o'Sellers Re ra entative(st on the premises ofoders. IT. SELLERS RESPONSIBILITY. The Seller shall many an mid work in Shca'a awn risk until the same is fully completed and accepted, am shell, in case of in, saidenl destruction or injury to the work sulfur materials before Sellers fvl completion and acceptance, eomplan be work et Sellers awn capme cad to the satisfamion of the Purchaser. Whom maerias cad equipment art famished by athns for installation or cacti. by the Sella, he Sella shell receive, unload, some and handle same at the site end became responsible therefor m though such materials andfin enu'ryment were being burring by the Sella under the order. 19, INSURANCE The Seller shall, in his own expense, provide fro the Manor of workers compensation. including amuppioal disease benefits. m it employees employed . a in conmaion with the work covered by this purchase order, gram to their depevdenn or aceordanee will, the lawn of the state in whim the wok is or be dram TM Saner shall also cony comprehensive general liability including, bra not limited on, contrectnsl and awnmabile, public liability fmmamce with bodily injury end lath limits of o Iwt S300,000 fro any ace person S500"far any accident and property damage limit per accident of 5400,11i The Seller shall likewise repose his .a.. if say, to pmade for ram campaigns. end insmeam. Before any of the Sellers a his commetws employees shall do aw work upon the premise of others, the Sella shall Finish the Pmchaur with a certificate that such compensation and insurance have been provided. Such certificatts shall spmify the date whim such compensation and insurance have Famn provided. Such certificates shall specify the date when such compensation and insurance expires . The Sella agrees that such compensation and insurance shall he maintained until aferthe oration work is completed and m erred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mammas the artire responsibility and liability for any end all damage, loss m injury fany kind car namre whomever to pecans or property caused by or resulting fmm the execution afthe wok provided fro in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Pucohamr and any an all of the purchasers o lam. meat end employees from and against any and ell claims, losses, damages, charges or expenses, whether direct or indirect, end whether to persmm at property to which the Purchaser may be put or subject by roman of any en, action, neglect, omission or default. the pm of the Seller, any of his contnwos, or any of the Sellers or conmeare officers, agent or employees. In cou any suit or other maccedings shell be, brought against the Purchamr, an its officers, agent or employees at any time an account or by remnor of any act, anion, neglect, omission or default of the Sella of any of his connectors or any of it or their oMo.. agent or employees to afammid. the Seller M1noby agrees to assume the defense thereof end m defend the mine at Sellers awn apemen to pay any and all cost, charges, attorneys fear and other cxpitim, any and all judgment that may be incurred by or obtained against the Purchaser or any of it or their Officers. agent or employees in such aria or other proceedings, and in case judgment or Other lien be placed upon or obtained against the prepay ofthe Purchaser, or mid Panics in or as a result ofeach suit or oNer proceedings, the Seller will at once cause the come no M dissolved and discharged by giving bond or otherwise. The Seiler and his cannactors shall take all safety peggations, famish and install all goods necessary far he prevention of accident, comply with all laws and regulations with regard to safcy including, but without Formation, the Occupational Safety cad Health Act of 1970 and all mles and mpletions issued pursuant themo. Revised MaOID