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HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - PURCHASE ORDER - 9140600 (3)Fort Collins Date: 09/05/2014 Vendor: 150588 WALSH CONSTRUCTION INC 8139 OPEN VIEW PL LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9140600 1ef2 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 3 change order 3 1 LOT EA 59,487.66 Total $59,487.66 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 Terms and Conditions Page 2 of 2 1. COMMERCIAL DEfAIM. Tax exemptions. By substance me City of Four Collie is exempt from sure and local nixes. Our Exemption Number as 11. NON WAIVER. 9"502. Federal Excise Tax Exemption Ceifcate of Registry 84fi000587 is registeml with the Collecmr of Failure of me Purchaser m insist upon strict Performance of Ne mans and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (of exercise any rights or remedies provided Mein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval offs design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failm, to meet spmifialvers, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be droned a waiver of my right of the damage in transit, may be remmcd to you for credit and arc not to b, replaced except upon receipt of writer Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions farm fen City of Fort Collins. of when shipped, received or acttpled, as many prior or subsequent default hereunder, nor shall any purported am] modification or rewmion of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City arrant Collins inspection on arrival. hereof. Final Acceptance . Receipt of Re merchandise, se r equipmns em in respoe to this order c: result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonieJ payment on the pan of me City of Fan Collins. However, it is to b, understood that FINAL Seller and the Purchaser recognize that in actual crommic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all appl icable required inspection procedures. volatlons are in fact Mme by the Purchases Theremfev. ofor good cane and as consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Term. Shipments most be F.O.B.. City of Fort Collins, 7W Wood St, Fon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges ridding to the particular goods or services otherwise specified on Nis other. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant in this purchase order. bill most sueampany invoice. Patrimonial charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactures have distributing points in cams pans of the country, shipment is Irma Purchaser directs the Seller to correct romnforming or defective goods by a date to b,agreed upon by the expected f the nearest distribution point to destination, and excess freight will be deducted Bom Invoice when Purchaser and fen Seller, and the Seller NereaOer iMiates its inability or unwillingness to comply, fen Purchaser shipments are made firm greater distance, may cause the work to be performed by the most expeditious man available to it, and me Seller shall pay all wsa associated with such work. Permits. Seller shall prame at sellers sole cast all necessary Famou, certificates and licenses required by all applicable laws, regulation, ordinances and rules of the state, municipality, territory of political subdivision where the work is performed, or required by any other duly constituted Public n.than, having jurisdiction over the work of vendor. Seller further agrees to bold the City of Fort Collins harmless from and against all liability and bus incurred by them by reaenn of m asserted or established violation of my such laws, mgolations, onlinnncas, roles and rcquirearmaN. Aulhoriaatinn. All parties to this contrail agree that the representatives are, in fact, bona fide and possess IWI and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits accepmace to the terms and conditions suited herein set forth and any suppleanentary or additional terms and conditions aanexed bereto or incorporated herein by reference. Any additional or different terms and candilions proposed by seller are objected to and hereby rejcned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifynu wntol make complete shipment o active on your promised delivery, date as nosed. Time is of the essence. Delivery and perfarmanm must IN effected within the time stated on the ponchos order and the documents attached hnclo. No wts of me Purchasers including, without limitation, acceptance of partial late deliveries shall operate as a waiver of this prevision. In the award ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ace of God, acts ofcivil or military authorities, go arm a tud priorities, fires, sakes, flood, epidemics, wars or riots provided that notice of the conditions waling such delay is given In the Purchase, within five (5) days of the time when the Seller first received knowledge thereof In the evenl of any such delay, the data of delivery shall be extended for the period equal to fen time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goats, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples No, other descriptions given, will be, fit for the puTams intended and performed with the highest degree of care and eampeunce in accordance with accepted standards for wark of a milar nature. The Seller agrees to hold the purchaser barrel. from any loss, damage ar expene which the Purchaser may suffer or incur on acamor of the Sell. breach ofwmranty. The Seller shall replace, repair or make good, without cost to the prochnsers any defects or faults arising within one (1) year er within such longer perind of time ss may be preseribed by law or by the tents of my applicable waramry provided by Ne Seller afler the date of acceptance of the goods furnished hereunder (same ance not 10 be tweasoably delayed), resulting from imperfect or defstive work done or materials fmished by dha Seller. Acceptance or we of goods by the Purchaser shall not constitute a waiver ofmy claim under this warmly. Except as otherwise provided in Nis purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the frctioins, wananties or garantees, but such liability shall in no event 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to fiens e te, otterms, her than legal tes, including additions to or delellons from the quantities originally ordered in me 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 he made. 6. TERMINATIONS. The Purchaser may at any time by woman change order, terminate this numerical as to any or all pomom of the goods the not shipped, subject many equitable adjustment I m.Ore parties as many work or maaerials then in progress; provided that the Purchaser shall not be liable fro any claims for anticipated profs on the uncompleted Iranian of the goad mWor work, for incidental or cesalucatial damages and that no such adjustment he made in furor of fc Seller with respect to any goods which art me Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofay of their obligations ss 10 any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within shiny (30) days tiom the dam the change or tetmiretinn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gaud sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations f which the goods we subject The Seller shall execute and deliver such daummss as may be required to effect or evidence compliance. All laws and regulatiom required to M worpomled in agreements of this character ass hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all excess and damages wtfarel by the Puwhsser as a result of fie Shcm 6ilum to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wine consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, resections, reservations, security interest encumbrances and claims of.thers, The Seller shall release Ne Purchaser and its commemrs of any tier from all liability and claims of any nature resulting from me performance ofsoch work. This release Shan apply eve is he event of fault of muligeace of the party mlamM and shall extend to the directors, officer, and employees of such Party. The Seller's contractual obligations, including warranty, shall not 1vc deemed to be reduced, in any way, because such work is performed or mused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Imes patent, trademark or copyright, the Seller shall indemnify and save Families the Purchoser from any and all claims for infringement by reason of me use of such planted design, device, material or process in connection with me contract, and shall indemnify me Purchaser for any cut, expertise or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any port thereof or the intended use of the goods, is in such suit held an constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for Ne Purchaser me right to variants, using said equipmem or pea, replace Ne same with substantially agal bur mammn'uging tyuipment, or modify d so it becomes naninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, mpaint a receiver ar 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 officious mad or the interpremamor of the agreement and me rights of all paniex hereunder shall be co strued under and governed by the laws ofthe State ofColo ado, USA. The following Additional Conditions apply only m cooses where Ne Sailer is to perform weak hereunder, including the services of Sellers Represenutive(a), on fe premises of others. 17. SELLERS RESPONSIBILITY. - The Seller shall carry on said work a1 Sellers own risk writ the same is fully completed and accepted, and shop, in rose, of any acaident, daswnion or injury to the work anNor rommais bef Satires final complerion and acceptance, complete me work at Sellms own expense and to the satisfaction of the Purchaser. When materials and equipment ate Famished by others for installation or erection by the Sallee the Seller shall receive, unload, store and handle same at the site and become responsible therefor as tough such materials maker equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of woakers ctmpemmion, including r cirwarnal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anNor to their dependents in accordance with the laws of me state in which the work is 10 be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,00o for any one accident and property damage limit per accident of S400e ,0R. To, Seller shall likewise fivaim his contractors, if any, to provide for such compensation sad insurance. Before any of the Sellers or his contractors employees shall do any work upon the pramiscs of others, the Seller shall famish the Purchaser with a rertifiam Nat such compensation and insurance have been provided. Such certificates shall specify the data when such empneation and assurance have been provided. Such care fiales shall specify the date when such compensation sail insurance expires. The Seller agrees that such compensation and insurance shall be maintained mtil after the ,mire work is Completed and aceepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msanmas the entire rtspmesibility and liability for any and all damage, loss or injury ofany kind or store whatsoever to 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 me Purchaser and any r all of the I'mahasus aMarra, agenda mid employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan 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 he brought against the Purchase, or its officers, agents or employees at any time on account or by ¢awn 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 res aforesaid, the Seller hereby agrees to moume the defense thereof and to defend the same at the Sellers own expertise, to gay any and all casts, charges, attorneys fees and orber expenses, any and all judgments thin may he incurred by or obtained against the Pmchsser or any of its m their of rats. agents or employers in such suits or omen Proceedings, and in case jndgmenl or other lien be placed upon or obaimd against the property of the Purtbaver, or said parties in or as a result of>uch suits or other proceedings, the Seller will at once arse fe same to be dissohed and discharged by giving band or otherwise. The Seller and his conrocaam shall take all safety preeautions, famish and install all guards necessary for fen prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, Ne Occupational Safety and Health Act of 1970 and all roles and regulatiom board pluslunt thereto. Revised (Dan 14