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HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - PURCHASE ORDER - 9140600 (2)Fort Collins Date: 05/27/2014 Vendor: 150588 WALSH CONSTRUCTION INC 8139 OPEN VIEW PL LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9740600 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 01/23/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 change order 1 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 1 LOT EA -109,313.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By stiate the City of Pan Collins is exempt from sure and local town. Our Exemption Number is H. NONWAIVER. 98 04502, Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of Failure of the Purchaser to insist upon said performance of the terms and conditions hereof. failure or delay to Internal Revenue, Demea Colorado (Rat. Colorado Revised Stamm 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the mint of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of Goods Bartered. GOODS REJECTED due a failure to ..at specific Lions, either when shipped or due so defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any sight of the damage in transit, may be reamed to you for credit and art not to h replaced except upon receipt of written purchaser to insist upon inner performance hereof or any of its rights onemedies as to any such goods, regardless inwdims from the City of Pan Collins. of when shipped, received or accepted, is; to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of she nertn Inspection. GOODS are subject o the City of Fort Collins inspection an arrival. hereof. Fin[ Acceptance. Receipt of the merchandise, services or equipments in nespoew W this color can malt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. caricatured Payment on the pan of the City of Fort Collins. However, it is m be understood that FINAL Seller and the Product, recognize that in actual economic practice, overcharges exus ulting from antitrust ACCEPTANCE is derstr ddo upon completion trail applicable requital inspection procedures. violations are in fact home by the Puwhawr. Theretofore, four good came and as consideration for executing this purchase order, Ind Seller hereby assigns to the Purchaser any and all claims it day now have or hereafter Freight Terms. Shipments court he F.O.B., City of Fort Collins,'/00 Wood St, Ton Collins, CO 80522, unless acquired under (Weal or some antitrust laze for such overcharges relating to the particular goods or services otherwise specifi W on this order. If permission is gives m prepay freight and charge separately, the w inol freight purchaud or ac9airW by the Purchaser Pursuant a this purchase order. bill nnot mcomnnv invoice. Additional ebarees for Parkins will not M seemed. Shipment Disame. Where manufunurers have distributing points in we pans of the country, shipment is expected fmm the nearest distribution Point to desfintion, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permiu, eMifcate, and licenses required by all applicable laws, regulation, ordinance, and toles of the sate, municipality, territory or political subdivision where the work is Performed, or required by any other duly downward public sulhonry havingjusisdiaion over the work of vendor. Seller further agrees to hold the City of Fort Collins homeless from and aganst all liability and loss incurred by them by reason of an assumed or established violation of my such laws, regulations, ordinances, toles and requir menu. Adhorimswit. An panics to this contmd agree the the reprosemnrves are, in fact, boo tide and possess fall anti complete wihony to bind said poor. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein id forth and any supplementary or additional terms and conditions annexed harem or IncorpomtW herein by reference. Any additional or different corms and conditions rmpowd by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canna make complete shipment to arrive oa your promised delivery time as noted. Time is of the essence. Ilollvery vad performance must be elTecled within she time stated on be pureMse order and the documents ..,had hand. No ace of the Purchasers including, without limitation, acceptance offended late deliveries, shall nperde as a waiver of this provision. In the over, of any delay, the Purchaser shall have, in addition to .,he, legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall rim be liable for damage, as a resuh of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such and; of Gad, acts of civil or military authorities, governmental priorities, firm, strikes, flood, epidemics, wars or He,, provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller most received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials ad work covered by this order will conform with applicable drawings, specification', sample md/a other descriptions given, will be lil far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a imilw aware. The Seller ugrees to hold line purchaser hmmles, from any loss, damage or expense which the Purchaser may,ulrer or incur on account of the Seller breach of wamnnty. The Seller shall replace, repair or make good, without case to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by low or by the tends of any applicable warranty provided by the Seller after the dale of acceptance of the goods fumished hereunder (acceptance not to M unreasonably delayed), resulting from imported or defective work done or materials punished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase owes, 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 OP FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Furthest may make changes to legal term- by vision change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temv, other than legal teems, including addition m m delete- tom the quantities originally ordered in the specifications, or drawings, by vdbal or written change order. If any such change offecu the amount due or the time of performance hereunder, an equitable adjustment shall he trade. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate his agreement On, to any or all Forams; of thc good then rat shipped, subject to any equitable adjustment between the panim as to any work or materials then in progress provided that the Purchaser shall wit be liable for any claims for anticipated pmGts on the uncompleted Persian of the good ampor work, for incidental or consequential damages, cod the, tat such adjuumdt M made in favor of the Seller with raptor to any goods which are the Sellers standard dock. No such termination shall relim'e Oa Puahascr or the Seller of any coedit obligation n to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mua be asserted within thirty (30) days forms the data the change or lamination is ordered. I. COMPLIANCE WITH LAW. The Seller wasmau Oat all goad sold breremder shall have bran produced, sold, delivered and fumished in saict compliance with all applicable laws and regulations as which the good arc subject The Seller shall execute and deliver such desumrnts n may be required to effect or evidence compliance. All laws and regulations required to he ncmpomned in agreements of this character are hereby irrompomd heads by this reference. The Sella, agrees to indendify and Mid the Purchases harrnlaea fmm all costs and damages suffered by the Purchaser res a records of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall -sign, transfer, or convey this order, or any monies due or to become due hereunder without the pear written coven, of the miter party. IT TITLE. The Seller warrants full, clear and woestrided title to the Pmchaer for all equipment, materials, and items burnished n perfommnce of this agreement tee add clear of my and all lien, ambitions, rand O ioo, sttudry Manor encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I fife Purchaer direr, the Seller to car at nonconforming or defective goods by adote to be agreed upon by the Purchaser and the Seller, and she Seller thereafter indicates its inability or unwillingness to comply, the Landmass may cane, the work m M pert ed by the most expediter. means available to it, and the Sella shall pay all costs ass«iatW with such work. The Seller shall release she Purchaser and its contmcmrs of any ties fired all liability and claims of any names resulting lion the performmcc ofeuch work. This ¢lease shall apply es'ea in the Dent of faull of negligence of the party released and shall extend to the directors, oRcee and employes, of such parry. The Seller, contraccual obligation, including warranty, span not he does ed to be reduced, in my way. because Such work is Performed or carved to M performed by the Pmchaser. 14. PATENTS. Whenever the Seller is required to oe any design, device, material or Pancras covered by letter, Fated, uademark or copyright, the Seller shall indemnify and save harmless the Purchases from any and all claims for infringement by rwwn of the ad, of such patented design, device, material or p.a. in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may M obliged to pay by season of such inGngemen, at any time during the prosecution or after the completion of the work. In caw said equipment, or any an thereof or the intended use of the goods, is in such suit held It consulate infringornen, and the use of said equipment w part is enjoined, the Seller shall, at its tun expcnw and at its option, aithor pmcuse fur the Purchaser the right to continue using said equipment or pans, replace the same wish substantially erect but noninfringing equipment, or modify it w it becomes teminfringing. 15. INSOLVENCY. If the Seller shall become insolvent or ha.aupr, make an assignment for the benefit of creditors, vpirtion w coved trustee for any of the Sellers property or business, this We, may fonhwilh be canceled by the Purcor haser without liability. 16. GOVERNING LAW. The definitions of terms weed or the interyrdarmar of the agreement and the rights of all parties hereunder shall be construed under add g .ad by the laws ofh State of Colorado, USA. The following Additional Conditions apply only in twers where the Seller is to perform work hereunder, including the wtvicn of Sellers Remes mative(s), on the premises craters. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Seller's awn risk until the same is fully completed and accepted. and shall, in x of any accident destioation or injury to the work andor materials before Sellers final completion and acceptance, complete the work at Sends own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for instillation or erection by the Seller, the Seller shall receive, unload, ,rare and handle same at the site and become responsible therefor n though such materials andto, equipment were being fumished by she Seller under the order. 18. INSURANCE. The Seller shall, at his own expose, provide for the payment of workers compensation, including ocouponioml disease benefirs, to its employees employed on or in contraction with the work covered by this purchaw order, and/or to then depended in accordance with $e laws of she state in which the work is to be done. The Seller shall also carry comprehenive general liability including, bur not limited to, mmmctual and automobile public liability i-tmnew with 0.tlily injury and dawn limits of at leas S30gWp for any one person, S500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his sey, comments, if anm provide for such compensation and i-mansedra . Before any of the Sellers or his ntdn o employee, shall do any work upon the premises of others, the Seller shun Morris the Purchaser with a certificate that such compensation and i-urenee have been provided. Such eenificand shall specify the date when such compensation and i-wance have Man provide. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees quit such compensation vnd imuraace shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire respooibility and liability for my and all damage, loss or injury of any kind or mare whaidader m person or progeny caused by or reading fmm rite execution ofdw work provided for in this purchase order w w dmmim herewith. The Sell. will narrowly and hold hannlass the Purchaser and any cr all of the Purchasers affects, agents and employees from and special my and all claims. losses, damages, harges or expo ews, refresher Brad or indirect, and whether to person or pmpertY to which the Purchaser may M pat or subject by reason of any and, action, neglect, omission or default on the pan of the Seller, any of he, transactors, or any of the Sella or contractors officers, agents or employed, In caw my suit as other proceedings shall be bought agwass the Purohaser, or its officers, agents Or employees at any time on account or by reawv of my act action, neglect omission or default of she Sella of may of his contractors or my of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume rise defecs, thereof and m defend the same a the Sellers own expense, to Pay my and all eozis, charges, aam any, fees and other axpemm. any and all judgments that may be wound by or obtained against the Purchaser or my of its or their officers, clear, or employees in such suits or other Proceedings, and in caw, judgment or other lien he placed upon or obtained against the property ofOme Purchaser, or nid pries in or as a if of such suits or other proceedings, the Seller will at race recut the more to M dissolved and discharged by giving Frond or otherwise. The Seller and his contractors shall take all safety precaution. Morris and install all gtaols necessary for the prevention of accidents, comply with all lave and regulation with island to mfery including, but without lion anion, the Occupational Safety and Health Ad of 1970 and all rules and regulation issued pursuant thereto. Revised 03I2010