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HomeMy WebLinkAbout522237 WM T WELCH COMPANY LLC - PURCHASE ORDER - 9133633Fort Collins Date: 07/12/2013 Vendor: 522237 WM T WELCH COMPANY LLC ATTN: WILLIAM WELCH 1315 OAKRIDGE DR SUITE 100 FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9133633 1of2 This number must appear on all invoices, packing slips and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 07/12/2013 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price i Woodward Public Improvements 1 LOT LS 57,440.30 L&L ROW PER TERMS AND CONDITIONS OF RFP 7510 AND AGREEMENT DATED 7-1-13 2 Woodward Public Improvements 1 LOT LS 99,035.00 Open Space 3 Woodward Public Improvements 1 LOT LS 41,594.70 PRPA Transmission Line 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 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 DEFABS. Tax exemptions. By smile the City of Fan Collins is exempt fmm stare and local fora. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificare of Registry 84-6000587 is regulated with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 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 retamed to you for credit and ate not to be replaced except upon receipt of wrinen imsw<tiom boom the City of Fart Collins. Inspection. GOODS arc subject in the City of Fort Collitu inspection on arrival. Final Acceptance. Receipt of the merchandise, servers in equipment in response ,o this order ern result in authorized Payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood SL, Fart Collins, CO 80522, unless otherwise specified on this saes. Upermission is given to prepay freight and charge arparaely, be arigiral freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacurrers have distributing Points in various parts of the country, shipment is expected form the nearest distribution point to deatination, and excess freight will be deducted from Invoice when shipments are made from greater citruses. Permits. Seller shall promme at sellers sole cost all necessary permits, certifirates and licenses required by all applicable laws, regulations, ordinances and mla of the state, municipality, territory, 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 Fell Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such Lows, regulations, ordinances, rules and requirements. Auumrmotion. All parties to this contract agree tlml the representatives are, in fact, bona Ede and possess full and complete ambority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance fr the it. ead conditions stated herein set forth and may supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by set let are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyo r cannot make complete shipment to arrive on your promised delivery time as noted. Time is of the almost, Delivery andperfinu anee most be inflicted within the time stated on the p roheu order and the documents attached hereto. No acts of the Purchasers including, without pollution, acceptance of partial late deliveries, shall operate as . waiver alibis prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this ardor elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a occur of delays due to causes not reasonably foreseeable which art beyond its reasonable capital and without its fault of negligence, such acts official, acts ofeivil or military authorities, governmental priorities, tires, sakes, Bread, epidemin, wars or riots provided that notice ofthe conditions causing such delay is given to the Pindaric, within five 11) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to be time actually lost by reason of the delay. 3. WARRANTY. The Salle, warrants that all goods, articles, mated.], and work covered by this onder will scut.. with applicable drawings, specifications, samples mdor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in ecmrderam with accepted standards for work of a similar nature. The Seller agrees to hold be purchaser harmless from any loss, damage or expense which the putchaem s, ay suR m or into, on ecm uof the Sellers breach of warranty. The Salle, shall replace, tell, to make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by be terms of any applicable warranty provided by the Seller after the date of acceptance of the goods f ithed hereunder (accephrom not to be unaamrribly delayed), resulting fmm imperfect or rejective wank done or materials Banished by the Seller. Acceptance at am of goads by the Purchase, man not mrutione a waiver of my claim under this warranty. Except as otherwise provided in this purchase aide,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guemmas, but such liability shell in ore ever, include lass 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 st legal terns by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchazer may make any changes to the rams, be, than legal terms, including additions to or deletioas Gam be quantities originally ordered in be specifications or drawings, by venial or written change most If any such change affects the amount due or the time of performance hereunder, an r,mo ble adjustment shall be made. 6. TERMINATIONS, The Purchaser may et any time by wrinen change order, terminate bin agaemem as to my or all portions of be goods then not shipped, subject to any equitable adjustment between be parties all to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on be uncompleted pan of be goods arrant ark, far incidental or cu requentiol damage, and that no such adjustmem be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shag relieve ,he Purchse, or the Seller of any ofbei, obligations as m any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warriors bat all goods sold hereunder shall have ban produced, sold, delivered and Banished in strict compliance wilt nil applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be squired In effect ar evidence compliance. All laws and regulations required to be manufactured is agreements of this character as hrreby incorporated herein by this ajeance. The Shcer agrees to fndemni fy and hold the Purchmer broad. from all casts and damages shirred by the Purchaser an a occult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall aaign, transfer, or convey this under, or any monies due or to become due hereunder without be prior wrimn commit ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted life to be Purchaser for all equipment, materials, and items fmished in performance of this apartment, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofabers. 11. NONWAIVER. Failure of the Purchaser to insist upon artist perfmmmm of be emu and conditions hereof, failure or delay to anise any rights or ¢medial provided heroin of by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of be warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser te insist upon atria performance hereofor any of its rights or tvneadies an to my such goods, regardless of when shipped, received or accepted, an to my prior or subsequent default hemu r, nor still] any puryoned coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of be mrros hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Stiles and the Purchaser recagelu that in aerial economic poaatics, ovemlmges resulting form antitrust violations art in fact home by the Tradition. Theretofore, far good cause ead re consideration for commit, this purchase oMe,. the Seller hereby assigns to the Purchaser any end all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the pMicelar goods or services purobased or acquired by the Purchaser pursuant to this purchase oaks. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs fhk Salle, to correct non abloaming or defective goods by a date to be agreed upon by the Purchaser and be Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by be most expeditious memos availabla te it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nano emlting from flu, perfo momm of,-b work. This release shall apply even in the event of fault of negligence of be party relaxed and shall extend in file directors, oRcers and employees cifir ch parry. The Seller's contractual obligations, including warrant , skull not be deemed to be induced, in any way, became such work is performed or caused to be perfomtM by the Purchaser. 14. PATENTS. Whenever the Seller is required te use any design, device, material or process covered by leneq patent, trademark or copyright, the Sadler shall indemnify and save harmless the Purchmer from any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason asuch inGngement at any time during the pmsaution or after the completion of the work. In rase said equipment, or any pan thereof or fire intended use of the goods, is in such suit held to comontute infringement and The use of said equipment or part is enjoined, the Shcc shall, of its own expense end at he ilaiov, either procure for fee Purchaser be right to continue using said equipment or pans, replace the same with substamially equal but maintaining equipment, or modify it no it becomes noninRnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of moats used or the interpretation of the agreement end the rights of all parties hereunder shall be announced under and govemed by the laws of the State ofC.Imada, USA. The bllowing Additional Conditions apply rely in taus where the Seller is to perform work hereunde,, including the services of Sellers Repareenutive(s), an the premises probers. 17. SELLERS RESPONSIBILITY. The Seller shell carry on said .,it m Sellers awn risk until be same is fully completed end accepted, and shall, in cause of my accident, calculation or injury to the work react mmerials before Sellers final completion and acceptance, complete be work at Sellcrs own expense and 0 be satisfaction of be purchaser. When materials and equipment are fhmishl.rd by others for imailon or erection by be Sell,,,The Seller shall receive, unload, score and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by be Saber order the order. I S. INSURANCE. The Seller shot], 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 bis purchase under, and/or to their dependents in accordance with be laws of the state in which the work is to be done. The Shcer shall am carry comprehensive general liability including, but not limited to, contrmtml and automobile public liability insurance with bodily injury and death limits of at least S300J100 for any one person, s50Q000 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 sholl do any work upon the premises of others, the Seller shall fiurish the Purchaser with a cenifieate Out such compensation and inumnce have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such ttnificatn shall speci fy be date when such compnsation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Shcer hereby assumes The -mire responsibility sad liability far any and all damage, lass or injury army kind or nature whatsoever to persons or property caused by or resulting from be execution of be work provided for in this puahase order or in connection herewith The Sd let 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, losses, damages, charges or expresses, whether direct or indirect, and whether to persons or property to which be Parchrow, may be put or subject by reason of any ad, action, neglect, omission or default or, be pan of be Salle,, any of his control or any of be Sellers or contractors officers, agents or employees. In =a any suit or other proceedings shall be brought against be Pmchasa or its officers, agents or employees at any time on account or by ,.a. of any act, action, neglect, omission or default of be Seller of any of leis contractors or any of its or their offcert, agents m employees as aforesaid, the Seller hereby agrees to assume the defense brrrof and to defend be same at be Seller own expense, to pay any and all call, charges, ."arm, fees am other expresses, any and all judgments but may be incurred by or obtained against the Purchaser at any of it or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will 6, are cause the same to be dissolved and discharged by giving bond or otherwise. The Shce, and his contractors shall take all safety precautions, Banish and install all guards necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/ 010